Terms of service for www.Smartbilder.com, Bidconnect.net, smartbilder.net and related digital platforms.
Last Revision: Jan 28 , 2018
V-Plan Inc is engaged providing construction management applications and software services, Qty takeoff and estimation services for businesses globally. Bidconnect is one of the SaaS platforms that provides bid management and networking opportunity among Project owners like General contractors, Architects, Developers and Sub contractors and vendors, suppliers.
By using/continuing to use the website and services, you confirm that acceptance of the Terms mentioned herein.
V-Plan Inc has the right to amend the Terms of Service at any time.
This website contains links from and to other websites that are not controlled by V-Plan Inc. V-Plan Inc is not responsible for Terms of Service, or any other governing terms or conditions, of other websites.
TERMS OF SERVICE
1. Access to services on the website is available either free or at a fee as decided and levied by V-Plan Inc.
2. DIGITAL MILLENNIUM COPYRIGHT ACT. If you believe that information or content contained on this website infringes on your copyright, please notify V-Plan Inc.
3. TRADEMARK NOTICE. The trademarks and logos of V-Plan Inc displayed within this website are either the common law or registered trademarks of V-Plan Inc.
4. ELECTRONIC COMMUNICATIONS. By visiting the website of V-Plan Inc by entering and receiving information through this website, and by e-mailing V-Plan Inc or any service provider, you are communicating electronically. You specifically consent to receive communications from V-Plan Inc and any persons or entities that provide services through this website electronically. You further agree that all the Terms of Service stated herein, along with any e-mails or other electronic communications with V-Plan Inc, satisfy any legal requirement that such communications must be in writing.
5. SERVICE AND LIMITATIONS. V-Plan Inc is only a networking and document sharing platform and the users are responsible to connect, deal and contract with each other at their own responsibility. V-Plan Inc does not guarantee or warranty for any correctness of the information provided by the Vendors. The User is specifically advised to conduct thorough and independent research as to whether the service provider is properly qualified, licensed, insured, reputable, and otherwise capable of performing the services sought.
6. LIMITS ON LIABILITY/HOLD HARMLESS/DISCLAIMER. You acknowledge and agree that all services provided by and through this website are provided on is where is basis. You acknowledge and agree that V-Plan Inc is not liable with respect to any disputes that may arise between you and any service provider. V-Plan Inc specifically disclaims any responsibility or liability whatsoever for failure of performance; late payment, non-payment, financial disputes with service providers; incomplete, shoddy, nonconforming, or defective work; defective or hazardous products; injuries sustained on the job site; injuries or accidents occurring in transit to or from the job site; injuries resulting from defective workmanship; code violations, criminal violations, and statutory violations; fraud, civil theft, and other tortious conduct; abandonment of any contract; false advertising; bidding and contractual disputes; injuries resulting from engineering, building, or design errors; mold, radon, latent defects, and hazardous materials; warranty and guaranty issues; and any other claims or disputes, of any type whatsoever, without limitation, that may arise out of services sought, offered, or provided as a result of contacts generated by this website. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT ALLOWED BY LAW, V-PLAN INC SHALL HAVE NO LIABILITY WHATSOEVER FOR DAMAGES FLOWING FROM, ARISING OUT OF, OR CONNECTED WITH THIS AGREEMENT AND SERVICES RENDERED THROUGH THIS WEBSITE OR PURSUANT TO THIS AGREEMENT, IRRESPECTIVE OF ANY NEGLIGENCE, GROSS NEGLIGENCE, MISFEASANCE OR MALFEASANCE ALLEGEDLY ATTRIBUTABLE TO V-PLAN INC. THIS LIMIT SHALL APPLY WHETHER SUCH LIABILITY ALLEGEDLY ARISES FROM THE ACTS OF SERVICE PROVIDERS, OTHER USERS, V-PLAN INC, OR THIRD PERSONS. AS A MATERIAL INDUCEMENT FOR V-PLAN INC TO ALLOW YOU TO USE ITS WEBSITE, AND TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU HEREBY AGREE TO RELEASE, ACQUIT, AND FOREVER DISCHARGE V-PLAN INC, ALONG WITH ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, ATTORNEYS, AND AGENTS, FROM ANY AND ALL MANNER OF ACTIONS, WHICH YOU MAY HAVE, OR WHICH MAY ARISE OUT OF, OR WHICH IS IN ANY WAY CONNECTED TO YOUR RELATIONS, DEALINGS, CONTACTS, OR CONTRACTS MADE AS A RESULT OF YOUR USE OF THIS WEBSITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS V-PLAN INC AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES, ATTORNEYS, AND AGENTS, FROM ANY AND ALL CLAIMS, DISPUTES, OR DEMANDS ARISING OUT OF OR IN ANY WAY CONNECTED WITH CONTACTS MADE OR RELATIONSHIPS FORMED THROUGH USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, CLAIMS BY THIRD PARTIES, CLAIMS BY OTHER USERS, CLAIMS BY SERVICE PROVIDERS, AND CLAIMS ARISING FROM ANY VIOLATION OF THE TERMS OF SERVICE STATED HEREIN. EXCEPT AS OTHERWISE REQUIRED BY LAW, AND TO THE FULLEST EXTENT THAT THIS LIMITATION CAN BE ENFORCED AT YOUR LOCALITY, YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY AGAINST V-PLAN INC, WITH RESPECT TO ANY CLAIM RELATED TO USE OF THIS WEBSITE, IS THAT YOU ARE FREE TO DISCONTINUE, WITHOUT NOTICE, USE OF THE WEBSITE AND ANY SERVICES OFFERED BY V-PLAN INC. IN NO EVENT WILL V-PLAN INCÃÆÃâÃâ Ã¢â¬â¢ÃÆÃ¢â¬Å¡ÃâÃÂ¢ÃÆÃâÃâÃÂ¢ÃÆÃÂ¢ÃÂ¢Ã¢â¬Å¡ÃÂ¬Ãâ¦ÃÂ¡ÃÆÃ¢â¬Å¡ÃâÃÂ¬ÃÆÃâÃâÃÂ¢ÃÆÃÂ¢ÃÂ¢Ã¢â¬Å¡ÃÂ¬Ãâ¦ÃÂ¾ÃÆÃ¢â¬Å¡ÃâÃÂ¢S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO V-PLAN INC, REGARDLESS OF THE FORM OF CLAIM. THE V-PLAN INC MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE OPERATION OF THIS WEBSITE OR THE INFORMATION AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE. TO THE EXTENT THAT THEY ARE PROHIBITED BY LAW WITHIN ANY STATE, COMMONWEALTH, TERRITORY, PROVINCE, PROTECTORATE, OR JURISDICTION, THE FOREGOING LIMITS ON LIABILITY, LIMITATIONS ON CERTAIN DAMAGES, AND/OR DISCLAIMER OF WARRANTIES SHALL NOT APPLY. accuracy of information provided any service provider. V-Plan Inc does not guarantee, warrant, endorse, defend, investigate, or supervise the performance, representations, guarantees, or warranties of any service provider. V-PLAN INC HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND OTHER INFORMATION PROVIDED BY OR POSTED BY SERVICE PROVIDERS WITHIN THIS WEBSITE OR ELSEWHERE, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF HABITABILITY, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE, IRRESPECTIVE OF HOW SUCH WARRANTIES OR REPRESENTATIONS ARE FRAMED, CLASSIFIED, OR PRESENTED. USER HEREBY ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY TYPE, PROVIDED BY SERVICE PROVIDERS, MERCHANTS, MANUFACTURERS, OR SUPPLIERS ARE TO BE PURSUED AND ENFORCED STRICTLY AGAINST SUCH PERSONS AND ENTITIES, AND THAT SUCH WARRANTIES, GUARANTEES, AND REPRESENTATIONS WILL NOT BE ENFORCED AGAINST V-PLAN INC. If you enter into a contract with a service provider, your rights are governed by the contract and by applicable law. If a service provider enters into a contract with you or with any other User of this website, its rights are governed by the contract and by applicable law. In either case, V-Plan Inc is not a proper party to any dispute that may arise between service providers and website Users.
7. V-PLAN INC DISCLAIMS ALL WARRANTIES RELATED TO THE SERVICE PROVIDER SCREENING PROCESS, INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE. V-PLAN INC STRONGLY RECOMMENDS THAT YOU DO NOT USE OR HIRE AN UNLICENSED CONTRACTOR. AS A MATERIAL INCENTIVE FOR V-PLAN INC TO PERMIT USE OF ITS WEBSITE, YOU AGREE TO RELEASE V-PLAN INC FROM ANY AND ALL LIABILITY FOR INSUFFICIENT SCREENING PROCEDURES, AND YOU SPECIFICALLY AGREE TO BE RESPONSIBLE FOR ASCERTAINING AND VERIFYING THE CREDENTIALS AND CURRENT STATUS OF SERVICE PROVIDERS.
8. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF ONTARIO, CANADA AND ALL CLAIMS CONCERNING THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OF ONTARIO CANADA
Following terms are applicable for use of Quantity takeoff and estimation services through Bidconnect or Allestimator.com
Please read the Terms and Conditions before proceeding with usage of the Quantity takeoff and estimation services and to avail the services indicated, implied on the website.
www.Smartbilder.com, BidConnect.net, www.smartbilder.net www.allestimator.com are websites and software service providers owned and operated by V-Plan Inc. an Ontario corporation. Bidconnect is the platform providing networking and project document hosting and sharing among users who may be General Contractors, Architects, Developers, Subcontractors and Vendors and Service providers. V-Plan Inc through Allestimator.com is offering Quantity Takeoff, Estimation and Project lead services.
The following Terms are applicable for all individuals, entities and businesses, who visit or utilize the services and products on or through or referred by the websites.
1. By using Bdiconnect.net, allestimator.com website you agree to the following Terms and Conditions.
Summary of Terms and Conditions
a. You agree not to use the service for any illegal purposes whatsoever.
2. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
V-Plan Inc (the "Company") is lead by construction professionals with industry experience in construction estimation and cost engineering. The services offered or implied to be offered to you ("User") are based on the premise that appropriate quality of services would be delivered in lines with the knowledge and expertise matching the general standard industry practices.
MODIFICATIONS TO SERVICE
V-Plan Inc reserves the right to modify or discontinue the services or change the pricing of services either temporarily or permanently, with or without notice to User.
User agrees that V-Plan Inc shall not be liable to User or any third-party for any damages, losses or direct, indirect or consequences rendered to the Users by change in pricing, policies or usage of the above said plat forms.
Users acknowledge that V-Plan Inc does not carry any insurance for omissions or professional practice or professional liability.
User agrees that V-Plan Inc. may terminate User's account or use of the Service if it believes that (a) User has violated or acted inconsistently with this agreement, or that (b) User has violated the rights of V-Plan Inc or other Users.
DISCLAIMER, INDEMNITY AND WARRANTIES
V-Plan Inc. IS NOT LIABLE FOR THE ACCURACY OF THE INFORMATION CONTAINED IN THE SERVICE, OR THE CONTENTS OF ANY ADVERTISEMENTS, OR FOR THE CLAIMS OR OMISSIONS THEREIN. THE SERVICE SHALL NOT BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
V-PLAN INC MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES V-PLAN INC MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF ONTARIO, CANADA AND ALL CLAIMS CONCERNING THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OF ONTARIO CANADA.
BY THEIR USE OF THIS WEBSITE, THE PARTIES HEREBY CONSENT TO SUBMIT TO THE JURISDICTION OF SUCH COURTS AND WAIVE ANY PERSONAL JURISDICTION OR ALTERNATIVE VENUE DEFENSES CONCERNING THE SAID CLAIMS.