Terms and Conditions

Introduction

By using the Service offered through this Website, you are bound by the terms and conditions as set out below. If you do not agree to be bound by these terms and conditions, you may not use or access our Service.

Key Definitions

• "Website Business", "Projex365" ("us", "we", "our" and "ours").

• "Customers" means any person who submits or publishes a job on the Website for Trade Professionals to quote on.

• "Job" means project/job submitted by a customer via our service.

• "Users", "You", means anyone making use of the Projex365 Services.

• "Service" means any procedure or service that is provided by Projex365 to Users, which includes, but is not limited to: information, services and products provided through the Website, or by telephone or email.

• "Trade Professionals", "Tradespeople", "Tradesmen", and or "Service people", means any business who registers on the Website in order to quote for work posted by Customers.

• "Website" means the website Projex365.com and all the pages, content and sub-domains contained therein.

• "Expressing interest", "Expressed interest" means contacting, quoting or messaging a customer found via our Service.

• "Lead", is a Job which we give you the opportunity to Express Interest in.

• "Shortlist", is a lead where the customer chooses to share their contact details with a Trade professional.

• "Prepayment", "Prepay", means adding money to your prepay account.

• "Service Agreement", means any agreement reached between a tradesperson and a customer on the services to be performed. A service agreement can be reached by a verbal exchange in person, via telephone, via SMS, via an email or in the form of a written statement or contract.

Governing Law & Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with Australian law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Australian courts. If any provisions hereof are held to be illegal or unenforceable such provisions shall be severed and the remainder of this Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.

Overview

Projex365 provides an online marketplace for Trade Professionals of all types, and potential Customers who are in need of their services.

Accuracy of Information

Although we attempt to ensure that it is correct and accurate, Projex365 cannot guarantee the accuracy of the information on this Service, and are not liable for any problems or losses arising from errors in the content.

In using the Services provided by Projex365, you acknowledge that Projex365 is not acting as a contractor or agent and is not responsible for any work done. It is the responsibility of the Customer to select a suitable Trade Professional and to negotiate the terms for any work that they undertake, and Projex365 will not be involved or held liable for any Service Agreement between the Customer and Trade Professional.

We recommend that any Customer, before entering into a Service Agreement with any Trade Professional, obtains confirmation of insurance cover, guarantees, qualifications and any other necessary document. If you suffer any problems or losses as a result of not obtaining or verifying these details, Projex365 will not be liable.

Content

You agree to use the website only for lawful purposes and in a way that does not infringe the rights of or restrict or inhibit anyone else's use and enjoyment of the website. Messages, profiles, job descriptions and other content must be civil and tasteful.

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("content") posted on, transmitted through, or linked from Projex365, are the sole responsibility of the person from whom such content originated. You are entirely responsible for all content that you post, email or otherwise make available via the Service.

You understand that Projex365 does not control, and is not responsible for content made available through the service. Furthermore, the Projex365 site and content available through the Service may contain links to other websites, which are completely independent of Projex365. Projex365 makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such website.

Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any content, that you may not rely on said content, and that under no circumstances will Projex365 be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available via Projex365.

You acknowledge that Projex365 does not pre-screen or approve all content, but that Projex365 shall have the right (but not the obligation) in its sole discretion to remove or move any content that is available on the website for violating the letter or spirit of the terms or for any other reason.

Intellectual Property

Projex365 owns all the intellectual property (I.P.) rights relating to the site, including the designs, text, database, graphics and layouts, and you agree not use or copy any part thereof without our express permission.

The intellectual property rights on postings, messages, text, files, images, photos, video, sounds, or other materials ("content") Users upload to Projex365 are retained by the copyright owner, and these are added to the site by Users at their own risk. In doing so you are giving expressed and irrevocable permission for us to store, display and use the content.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF Projex365 AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. Projex365 AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Projex365 DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF Projex365 AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Projex365 DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON Projex365 OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON Projex365 OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, Projex365 DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH Projex365 OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Projex365, Projex365 OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. PLEASE NOTE: Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Dealings with organisations and individuals

Your interactions with organisations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals.

You agree that Projex365 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on this Website, or between Users and any third party, you understand and agree that Projex365 is under no obligation to become involved.

In the event that you have a dispute with one or more other Users, you hereby release Projex365, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

Feedback

All Trade Professionals and related Trades Business Services will be subject to feedback evaluations from Customers if, after expressing interest, a Service Agreement is reached to carry out some or all of the job advertised or similar or related work.

Trade Professionals and all Trade Services People understand that Projex365 is not responsible for the feedback content that those customers post, or any harm done by such content. The Customer who posts the feedback is directly responsible for its content, and the accuracy and legality thereof.

All Users understand that any use of profanity, libellous behaviour, illegal activity, or any other form of abuse of the feedback function or any other part of the website may be banned from further use and reported to the authorities, if applicable.

Projex365 performs a number of checks on feedback with an aim to ensure that feedback is authentic, and will remove feedback that in its sole discretion appears to be fake, but makes no claim or warranty of the accuracy or authenticity of any feedback. Projex365 may, at its sole discretion, also remove feedback at the request of the author.

References

Any personal contact details given will not be displayed on the site or used for marketing purposes. It is your responsibility to ensure that you have the referee's permission to give their contact details to Projex365.

It is the responsibility of the Trade Professionals and Trade Service Business Owners to ensure that the referee is a genuine client. We perform a number of checks to ensure this. It is at our sole discretion whether comments from the referee will be posted.

Subscription. Yearly Membership Fee

If you are a Trades Professional and or a Services Business Owner, you agree to pay Projex365 a recurring yearly fee every 12 months.

You agree to pay the fee whether or not you win any work, and even if your membership has expired. Refunds will not be given. Projex365 cannot influence the outcome of any particular job and does not guarantee that tradespeople or trades service businesses will secure work from the jobs that are posted.

Membership Price

The current membership fee is $237.00 (AUD) inc GST. Projex365 reserves the right to change the price of the Membership at any time. You agree that having a Trade membership does not remove Projex365 right to Limit or Terminate your services. You agree that Projex365 has the right to change the features and privileges of Trade Membership.

All Extra Services

You agree you are responsible for paying an hourly rate of $120.00 for any of our invoices for extra work you want completed by us at Projex365. You are required to pay us within the payment terms of the invoice. If your account has an invoice which is more than 7 days overdue your account will be automatically restricted.

You understand that we only accept payment by credit or debit card. By designating a card to be billed, you confirm that you are authorised to make such a purchase.

You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.

Failed & Disputed Payments

If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our Contact Us page.

Should any payment method you use fail or is later reclaimed by the bank or card issuer you agree to pay any costs incurred by us plus a $37.00 administration fee.

Limitations

You acknowledge that Projex365 may establish limits concerning use of the Website, including but not limited too the maximum number of days that content will be retained by the website, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the Website, and the frequency with which you may access the website.

You agree that Projex365 has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Website. You also acknowledge that Projex365 reserves the right at any time to modify or discontinue the website (or any part thereof) with or without notice, and that Projex365 shall not be liable to you or to any third party for any modification, suspension or discontinuance of any services.

You agree that we shall not be liable for any loss or damages arising from the provision (or non-provision) of any part of the service, including loss of profit or consequential loss or damage.

LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Projex365 BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Projex365 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF Projex365 OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF Projex365 OR THE SERVICE, FROM INABILITY TO USE Projex365 OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF Projex365 OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH Projex365 OR THE SERVICE OR ANY LINKS ON Projex365 OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH Projex365 OR THE SERVICE OR ANY LINKS ONProjex365. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. PLEASE NOTE: In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Termination of service

You agree that Projex365, in its sole discretion, has the right (but not the obligation) to deactivate your account, block your email address, or otherwise terminate or restrict your access to or use of the website, immediately and without notice, for any reason, including, without limitation, if Projex365 believes that you have acted inconsistently with the letter or spirit of the terms.

Further, you agree that Projex365 shall not be liable to you or any third-party for any termination or restriction of your access to the website.

Further, you agree not to attempt to use the website after said termination.

Changes

Projex365 reserves the right to change or update these terms and conditions from time to time. As a User of the website, you are responsible for acknowledging any updates of these terms and conditions by visiting this section. Any significant changes in the terms and conditions will be followed by notification emails to all active Users.