TERMS FOR SELLERS
The following sections to any Sellers who wish to use the Platform and wish to sell Seller Services via the Platform. Any Sellers wishing to use the Platform shall be required to sign up and create an account and shall be bound by the additional terms listed below.
1. SELLER ACCOUNT
In order for Sellers to offer Seller Services you must create a Seller account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where required, TechPINITE may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify TechPINITE immediately of any unauthorized use of your account or any other breach of security. TechPINITE will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TechPINITE or another party due to someone else using your account or password. You may not use anyone else's account at any time. Sellers may only register for one account per person and may not register as a company or group collaboration. TechPINITE has the sole discretion in granting or denying any accounts.
2. SELLER REPRESENTATIONS AND WARANTIES
Seller providing any Seller Services represents and warrants the following: (1) Seller owns or has properly licensed all Seller Services provided to any users of the Platform; (2) the Seller Services will NOT infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; (3) the Seller Services offered do not violate any federal laws or any third party agreements; (4) Seller has not entered into any previous agreements which would limit its ability to undertake or perform this Agreement; and (5) Seller will in good faith abide by this Agreement and all other restrictions and rules in place for any Seller Services sold on the Platform.
3. TERMINATION OF SELLER ACCOUNTS
We may terminate or suspend your account if we determine that: (1) you have violated any applicable laws while using our Platform; (2) If you have violated this Agreement or any other of our Platform policies; (3) if we believe your actions while using the Platform have harmed or will harm a third party, or (4) if we believe that any of your actions may harm TechPINITE, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. As a Seller if you wish to terminate your Seller account please notify us or use your account dashboard to terminate the account. Please be aware that once your account is terminated, all access and information including Seller Services in your existing account may become immediately inaccessible or deleted. Failure to terminate your account for any reason does not act as a waiver of your conduct.
4. SELLER SERVICES
As a Seller you may offer any services as allowed by TechPINITE including but not limited to SEO search services, collectively referred to as “Seller Services”. Please be aware that we are not required to host, display, migrate, or distribute any of your Seller Services and we may refuse to accept or transmit any Seller Services. You agree that you are solely responsible for any User Content contained within the Seller Services submitted and you release us from any liability associated with any Seller Services submitted. You understand that we cannot guarantee the absolute safety and security of any such Seller Services. Any Seller Services found to be in violation of this Agreement or that we determine to be harmful to the Service may be modified or removed at our discretion. You must abide by all Seller Services rules as outlined below. When you submit any Seller Services to us, you grant TechPINITE the same licensing rights as listed in the Agreement for User Content.
5. SELLER SERVICES RULES
When offering any Seller Services you agree to abide by all rules and regulations related to such Seller Services. Additionally, Seller agrees that all Seller Services may not:
Contain any software that has viruses, worms, Trojan horses, or other material that may cause or aid in the destruction of or harm a computing environment.
Contain any material that is deemed illegal or unlawful in accordance with federal and state laws.
Create a genuine risk of physical injury or property damage, or credibly threaten people or public safety, or organize or encourage harm.
Be considered spam or “black hat” by search engines including Yahoo!, Google, or Bing.
6. LIMITED PAYMENT AGENT
For the purposes of this Agreement, the relationship between TechPINITE and Sellers is that of a limited payment agent. TechPINITE shall collect payments for the Seller Services, remit payment to Seller after such payment from the user is received minus any fees, and assist in providing refunds to users. All payments for Seller Services may be held for a period of time to ensure proper performance of all Seller Services before they are released to Seller. Seller agrees that as a limited payment agent, TechPINITE may accept payments from users and manage payments or refunds for any Seller Services. Both the Sellers and TechPINITE agree that no other agency relationship is formed between TechPINITE and Sellers. Except as expressly stated otherwise, Seller agrees that it is not a partner, joint venture, franchisee, agent, or employee of TechPINITE. Seller agrees that it shall not misrepresent its relationship withTechPINITE to any third parties.
7. SELLER PAYMENTS & FEES
Once payment for any Seller Services has been received and the Order has been confirmed by Seller, TechPINITE shall hold such payments for a reasonable period of time to verify payment. Seller must complete the Seller Services as required as by each Order before payments shall be released to the Seller’s account. After such time period, Seller shall be issued payment in the method provided for by TechPINITE. TechPINITE shall deduct a service fee, commission, processing fees and other deductions as necessary from all payments made to Seller. TechPINITE reserves the right to change and alter any fees or commissions at any time, if TechPINITE alters such commission or fee structure it shall contact Seller even though this is not compulsory. In the event of a dispute between Seller and TechPINITE, Seller agrees that TechPINITE may withhold all funds until such dispute is resolved. For more information regarding TechPINITE’s fee and commission structure please contact TechPINITE at email@example.com.
8. TAX DOCUMENTS
In order for TechPINITE comply with tax laws, Sellers may be required to submit tax documents. Seller agrees to comply with any requests to submit any tax documentation, as requested by TechPINITE. Seller agrees that TechPINITE cannot and will not provide Seller with any tax advice, any such questions should be directed to Seller’s tax attorney or other tax professional.
9. REFUNDS BY TechPINITE
In the event of any refunds to any users for a Seller’s Order, Seller agrees that we may deduct the refund amount from any incoming payments or account balances held by TechPINITE for Seller. Additionally, TechPINITE may invoice Seller for such outstanding balances that are owed due to any refunds if the Seller account funds are insufficient. No refunds shall be given for any enhanced services provided by TechPINITE to Seller.
10. SELLER ACCOUNT HOLDS
From time to time, TechPINITE may place a hold (“Hold”) on a Seller’s account. Some of the reasons that we may place a Hold on Seller’s account include but are not limited to the following: (1) if we have reason to believe that your Seller Services or your actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Seller’s access to the Platform or the offering of any Seller Services while such Hold is in place.
11. SELLER INACTIVITY
Where Seller has not accessed his or her user account for a period of six (6) months or more, TechPINITE may suspend, make inactive, or otherwise archive Seller’s account (“Inactive Account”). If Seller wishes to reactivate the Inactive Account they must contact TechPINITE at firstname.lastname@example.org. Please be aware that any re-activation of a Seller’s Inactive Account may incur a one time re-activation fee.
12. ACCOUNT MAINTENANCE
Where a Seller has an Inactive Account, that account may be assessed a maintenance fee (“Maintenance Fee”) of up to five (5) dollars per month. Such Maintenance Fee shall be deducted from Seller’s account balance until all funds have been exhausted. If Seller’s wishes to re-activate an Inactive Account that has a negative balance, the Seller must pay all such Maintenance Fees owed before the Inactive Account is reactivated.
12. ADDITIONAL LIMITATIONS OF LIABILITY AND DISCLAIMERS FOR SELLERS
Unless otherwise provided in this Agreement, in no event shall TechPINITE be liable to the Seller for any lost profits or any special, incidental, consequential, exemplary, punitive or other indirect damages of any nature, for any reason, whether based on breach of contract, tort (including negligence), or otherwise and whether or not either has been advised of the possibility of such damages. UNDER NO CIRCUMSTANCES SHALL TechPINITE BE LIABLE TO ANY SELLER FOR AN AMOUNT GREATER THAN THE AMOUNTS PAID BY TechPINITE TO SELLER DURING THE PRECEDING MONTH.DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, TechPINITE CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE PLATFORM. WITHOUT LIMITING THE ABOVE, THE PLATFORM, TechPINITE CONTENT AND ANY OTHER MATERIALS PROVIDED TO SELLER ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, AND TechPINITE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, TechPINITE DOES NOT REPRESENT OR WARRANT (A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM, (B) THAT A PARTY'S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, OR (C) ANY INFORMATION WILL BE CORRECT, COMPLETE, OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU.
TechPINITE makes no representations and warranties whatsoever, and disclaims any responsibility and liability, regarding the content or nature of any TechPINITE content or its Platform. TechPINITE has no liability to Seller for any Seller Services or Orders.
Last Updated on March 07, 2019