SERVICE PROVIDER’S AGREEMENT
Realteqs Consultancy Service, Realteqs Technical Service, and Teqsplus+ (collectively as referred as the “Realteqs”) associating with number of Contractors, Sub-Contractors, Consultants, Sub-Consultants, Specialist Consultants, Specialist Suppliers, General Contracting Companies, and other customers but not limited to other service providers/facility management companies collectively referred to as (“the Service Provider”). Realteqs will be connecting the Service Providers to the third party end users/companies, individuals who are availing the services from the Service Providers (collectively as “Consumers”).On behalf, and as representative, of a Service Provider (collectively as “You” or “Company”), You are permitted to use the website of Realteqs (www.realteqs.com/contractors), (www.pmc.realteqs.com), (www.maintenance.supply) (the “Platform”) and the information contained therein subject to the terms and conditions contained in this Agreement, which may be modified, amended or replaced by Realteqs from time to time at Realteqs sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting on Realteqs Platform thereof. This Agreement shall also govern other aspects of Your relationship with Realteqs beyond Your use of the Platform, as described herein.
In consideration of Realteqs granting the Company access to its Platform and the information contained therein, and in order to use the Platform, You must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Company’s sole responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. By accepting the terms and conditions of this Agreement, the Company acknowledges it has read, understands and agrees to be bound by all of the terms, conditions, and notices contained in this Agreement just as if you had signed this Agreement.
Terms and Conditions
Realteqs at its sole discretion will be granting a space for a free advertisement for a specified area for the Service Provider in its Platform for a limited period of one (1) month from the date of execution of this Agreement and after that the advertisement will be on a fee basis which will be mutually agreed by the parties and the fees shall be paid in advance. On acceptance of this Agreement the Service Provider hereby unconditionally agrees that Realteqs have the right to use the logo/trade name/brand name of the Company in its Platform for marketing purposes without any payment to the Company, and it will be continuing till the Company or Realteqs terminate this Agreement.
The Company should have a valid trade license/approvals/permissions to provide the services and is not disqualified or banned from any government authorities or by any court of law. Realteqs will be requesting You to provide/submit final quotes for any works assigning to You within a time frame (maximum of 1 to 3 days from the date of receipt of request from Realteqs) and subject to acceptance of the quotes by the Realteqs or the Consumer, Realteqs will be assigning specified works/engagements or connecting the Service Provider with the Consumers based on the requirement from time to time.
The Service Provider undertakes that in a timely manner it shall complete the works/engagement assigned to them through Realteqs without any delay/default/hurdles/issues/disputes to the Consumers. It shall ensure the quality of the works will be high or similar to the standard prevailing in the industry practices. The Service Provider shall not bypass Realteqs in any future/further dealings with the same Consumers once You had an engagement with Realteqs. Realteqs will be charging minimum ten percent (10%) of the contract price as its service fees and this service fees will be paid to the Realteqs (without any delay) subject to receipt of the contract price from the Consumers. You must inform Realteqs as and when You have received the contract price from the Consumers.
Consumers may submit a review or report and other information (collectively referred to “Consumer Content”) on any services provided by the Service Provider with which they have communicated or had another first-hand experience, whether or not work was started, performed, or completed. If the Company disputes any Consumer Content, the Company’s sole course of action with respect to such Consumer Content as it relates to Realteqs and the Platform is to utilize the Services (as defined below) which are available online at the Platform.
By agreeing to the terms of this Agreement, the Company is hereby permitted to use the services offered to the Consumers including, without limitation, access to the Platform of Realteqs, the ability to review Consumer Content pertaining to the Company, the ability to submit responses to Consumer Content and update, maintain profile information on the Company profile and information’s, the ability to utilize the dispute resolution process offered through the Platform and facilitated by Realteqs and such other services that Realteqs may offer to Service Providers from time to time (collectively referred to, the “Services”).
Notwithstanding the foregoing, the Company acknowledge and agrees that it will not reproduce, duplicate, copy, sell, re-sell, or otherwise exploit the Platform (or any of the content therein including, without limitation, any Consumer Content or any profiles of Realteqs members) or Services for any commercial or other purpose, without the express written consent of Realteqs.
Realteqs does not endorse and is not responsible or liable for any Consumer Content, data, advertising, products, goods or services available or unavailable from, or through, Realteqs. The statements, information and ratings contained in any Consumer Content are solely the opinion of the Consumer submitting such Consumer Content and do not reflect the opinion, approval or advice of Realteqs or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.
The Company acknowledges and understands that Realteqs simply acts as a passive conduit and an interactive provider for the publication of Consumer Content. Realteqs may enquire (at its sole discretion) or investigate the accuracy of Consumer Content or the quality of the work performed by the Company or any other Service Provider which is the subject of any Consumer Content. By using the Services, the Company agrees that it is solely the Company’s sole responsibility to evaluate the Company’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Company submits, transmits or otherwise conveys through the Services.
Under no circumstances will Realteqs or any of their respective owners, shareholders, managers, officers, employees, agents or representatives be liable in any way for any Consumer Content including, but not limited to, any Consumer Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Consumer Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise.
The Company hereby waives any claims, rights or actions that it may have against Realteqs or any of its affiliates or subsidiaries with respect to any Consumer Content and releases Realteqs and each of its affiliates and subsidiaries from any and all liability for or relating to Consumer Content. If any disputes between the Consumer and the Company in respect of any Services, the parties shall solve the matters through negotiation.
The Company agrees to indemnify and hold Realteqs and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages, loss, liability, claim or demand that may arise, directly or indirectly, from any claim or right it may have against Realteqs with respect to any statements made by a Consumer or Consumer Content submitted by a Consumer which is communicated, posted or published by Realteqs on its Platform or to a third party. The Company acknowledges and agrees that the Company can neither require Realteqs to place the Company on its Platform nor remove the Company or any Consumer Content from Realteqs. The Company further acknowledges and understands that the Company is not a Consumer of Realteqs, cannot refer to itself as a Consumer of Realteqs, and is not afforded the same access to the Platform as a Consumer nor the benefits afforded to a Consumer.
Consumer Content shall not contain any unauthorized content which includes but is not limited to:
a. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory/religious speech.);
b. Comments that do not address the Consumer Content or comments with no qualitative value as determined by Realteqs in its sole discretion.
c. Content that contains personal attacks or describes physical confrontations and/or sexual harassment.
d. Messages that are advertising or commercial in nature or are inappropriate based on the applicable subject matter.
e. Language that violates the standards of good taste or the standards of the Platform, as determined by Realteqs in its sole discretion.
f. Content determined by Realteqs, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.
g. Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate usernames or signatures; and/or
h. Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
The Company acknowledges and agrees that Realteqs in its sole discretion may remove without notice any Consumer Content or any portion thereof that Realteqs believes violates the foregoing.
Realteqs may suspend, restrict, or terminate the Company’s use of the Services or any portion thereof if the Company breaches or fails to comply with any of the Terms and Conditions of this Agreement.
Although Realteqs does not claim ownership of any Consumer Content or other communications or materials submitted by or given by the Company to Realteqs, by providing Consumer Content for the Platform or other mediums, the Company automatically grants, and the Company represents and warrants that the Company has the right to grant, to Realteqs an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such Consumer Content and to prepare derivative works of, or incorporate into other works, such Consumer Content , and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Realteqs with Consumer Content, the Company automatically grants Realteqs all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of Consumer Content on the Platform or in any other medium by any other party. No compensation will be paid with respect to Realteqs use of Consumer Content. Realteqs is under no obligation to post or use any of Consumer Content. Realteqs may remove Consumer Content at any time in Realteqs sole discretion.
It is the Company’s sole responsibility to review and monitor any Consumer Content regarding the Company that is posted by the Consumers and to submit responses as it deems necessary to any Consumer Content. Realteqs does not have any obligation to provide a notice or update to the Company with respect to any new information or Consumer Content that it learns of or receives about the Company from its Consumers.
The Company has the sole responsibility of updating any and all of its information on the Platform including, without limitation, the Company’s description and profile information.
The Company agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy Realteqs, any Consumer Content, any Consumer profiles, Consumer Content (including SP profiles) or any other content contained on the Platform or any other publication of Realteqs. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform.
The Company hereby represents and warrants to Realteqs that (a) all information provided to Realteqs by the Company is true, complete, and accurate in all respects, and (b) the Company is authorized to submit information to Realteqs. Realteqs is authorized by the Company to rely upon the truthfulness, completeness, and accuracy of Consumer Content in order to serve its Consumers.
The Company acknowledges that the Platform utilizes one or more website analytic services, including, without limitation, ClickTale, which may record mouse clicks, mouse movements, scrolling activity and text entered into the Platform by users. These services do not collect personally identifiable information that is not voluntarily entered into the Platform by the user. Realteqs uses the information collected by these service providers to improve the usability and other features of the Platform. The Company acknowledges that Realteqs will use the telephone numbers, email addresses that are submitted to Realteqs in connection with registering with Realteqs to contact the Company with information regarding Realteqs. Realteqs agrees not to sell, trade, rent or share such information with any third parties. By providing a mobile phone number to Realteqs, Company agrees that Realteqs may call or send Text/WhatsApp messages to the mobile phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Company agrees that these calls or Text/ WhatsApp messages may be regarding the products and/or services that Company has previously provided and products and/or services that Realteqs may market to me. Company acknowledges that this consent may be removed upon request.
The Company agrees unless expressly authorized by Realteqs not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Consumer Content, any Consumer profiles or any other content from the Platform or Realteqs, including, without limitation, any reviews or ratings or any other content contained in any Consumer Content.
Realteqs is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “Realteqs/Teqsplus+”, appearing on the Platform and is copyright owner or licensee of the content and/or information on the Platform. By placing them on the Platform, Realteqs does not grant the Company any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.
Realteqs reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) this Agreement and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Platform and/or any other appearances in any Realteqs’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy.
The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for Realteqs to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay Realteqs as liquidated damages, which the Company accepts as reasonable estimates of Realteqs’s damages for the specified breaches of this Agreement:
The Company expressly understands and agrees that Realteqs will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damages (even if Realteqs has been advised of the possibility of such damages) (collectively, “Damages”), resulting from: (a) the use or inability to use the Services; (b) the cost of any goods and/or services purchased or obtained as a result of the use of the services; (c) disclosure of, unauthorized access to or alteration of your information (d) Consumer Content the company may submit, receive, access, transmit or otherwise convey through the services or this Agreement; (e) statements or conduct of any consumer or other third party through the services; (f) any other matter relating to the services; (g) any breach of this Agreement by Realteqs or the failure of Realteqs to provide the services under this Agreement; (h) any consumer content posted; or (i) any other dealings or interactions the Company has with any service provider (or any of their representatives or agents). These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company.
The Company unconditionally agrees that it shall not disclose the contents of this Agreement to any third party without the written consent of Realteqs and this non-disclosure shall be valid for the entire duration of the Agreement and for a further a term of two (2) years from the date of termination of this Agreement.
This Agreement and the relationship between the Company and Realteqs will be governed by the laws of the concerned country of business operations, notwithstanding the choice of law provisions or conflict of law analysis of the venue where any action is brought, where the violation occurred, where the Company may be located or any other jurisdiction. The Company agrees and consents to the exclusive jurisdiction of the federal courts located in the country of business operations waives any defense of lack of personal jurisdiction or improper venue or forum non convenience to a claim brought in such court, except that Realteqs may elect, in its sole discretion, to litigate the action in the county or state where any breach by the Company occurred or where the Company can be found. The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
If any provision of this Agreement is in conflict or inconsistent with any applicable law or regulation, the invalidity of any such provision shall not affect the validity of the remainder of the provisions of this Agreement
The Company unconditionally agrees and undertake to indemnify and hold harmless Realteqs and each of its affiliates and subsidiaries and each of their respective owners, shareholders, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company’s use of Realteqs.
Realteqs may modify, delete or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Platform. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.
The Company agrees that Realteqs shall be entitled to payment from the Company for any and all out-of-pocket costs, including, without limitation, attorneys’ fees, incurred by Realteqs in connection with enforcing these Terms and Conditions and this Agreement or otherwise.
The Services may be subject to limitations, delays and other problems (including but not limited to any government/local authority restrictions/regulations due to any reasons) inherent in the use of the internet and electronic communications. Realteqs is not responsible for any such delays, failures or other damage resulting from such problems.
This Agreement may not be re-sold or assigned by the Company without the written consent of Realteqs. If the Company assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Realteqs’s rights if Realteqs fails to enforce any of the terms or conditions of this Agreement against the Company. No joint venture, partnership, employment, or agency relationship exists between the Company and Realteqs as a result of this Agreement or use of the Services.
The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company hereby represents and warrants that he/she has the power and authority to bind the Company and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company.
You acknowledge that you have read and understood the terms and conditions of this Agreement and you agree to be bound by these Terms and Conditions. By registering You in the Platform you have agreed/accepted all these Terms and Conditions and it shall be binding on You and this Agreement should not need any specific physical signature/execution by the parties.