BuildBids Terms of Service

1. What BuildBids is

BuildBids operates an online marketplace that introduces homeowners to independent contractors. BuildBids provides software, verification screening, structured bid formatting and messaging tools. Nothing more.

BuildBids is not a general contractor, construction manager, project manager, design professional, engineer, inspector, escrow agent, payment processor for construction funds, insurer, warranty provider, lender or employer of any contractor.

2. Acceptance of these terms

By creating an account, posting a project, submitting a bid, selecting a contractor or otherwise using BuildBids, you agree to these Terms of Service, the Marketplace Disclaimer, the Privacy Policy and, depending on your account type, the Homeowner Terms or the Contractor Terms.

If you do not agree, you may not use BuildBids.

3. Eligibility and accounts

You must be at least the age of majority in your province and legally able to enter into contracts. You are responsible for the accuracy of the information in your account and for keeping your credentials secure.

You may hold either a homeowner account or a contractor account. Accounts may not be shared, resold or transferred.

4. No contractual relationship between BuildBids and your project

Any construction agreement is formed directly and exclusively between the homeowner and the contractor. BuildBids is never a party to it, does not sign it, does not review it and has no obligations under it.

BuildBids does not guarantee that a project will receive bids, that a bid will be accurate, that work will be performed, that work will be completed on time or to a given standard, or that either party will honour their agreement.

5. Verification is screening, not a guarantee

BuildBids performs identity, business registration, Google Business Profile, commercial liability insurance and, where applicable, trade credential checks before a contractor may bid. These checks rely on information and documents supplied by the contractor and by third parties.

Verification and badges are informational screening signals only. They are not a recommendation, endorsement, certification, guarantee or warranty of any contractor's skill, workmanship, honesty, licensing status, solvency or performance.

6. Payments

BuildBids collects one thing only: the contractor success fee described in the Contractor Terms. BuildBids never holds, escrows, disburses or guarantees deposits, progress draws, holdbacks or any other construction funds.

All construction payments are made directly by the homeowner to the contractor under their own agreement.

6A. Success fee earned upon connection

The BuildBids Success Fee compensates BuildBids for marketplace and introduction services. Once the Success Fee is paid and BuildBids releases the homeowner's and contractor's contact information, BuildBids' marketplace connection service is complete and the Success Fee is earned.

Except where required by applicable law or otherwise expressly authorized by BuildBids under these Terms, the Success Fee is non-refundable regardless of whether the homeowner and contractor subsequently enter into a construction agreement, modify the project, cancel the project or otherwise decide not to proceed.

BuildBids makes no guarantee that a connection will result in a signed construction agreement or in any revenue. See the BuildBids Success Fee Policy for the full terms.

7. Acceptable use

You agree not to: post false, misleading or fraudulent information; circumvent BuildBids to avoid the success fee; scrape, copy or resell marketplace data; harass, discriminate against or abuse another user; post contact information in public project or bid fields; or use BuildBids for anything unlawful.

BuildBids may suspend or terminate any account, remove any content and refuse service at its discretion, including where verification information lapses or a user violates these terms.

8. Content and licence

You retain ownership of the project descriptions, photos, bids and other content you submit. You grant BuildBids a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and distribute that content for the purpose of operating and promoting the marketplace.

You confirm you have the right to submit any content you upload, including photographs of a property.

9. Disclaimer of warranties

BuildBids is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, BuildBids disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

10. Limitation of liability

To the maximum extent permitted by applicable law, BuildBids is not liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profit, revenue, data, property or goodwill, arising from or related to your use of the marketplace, any contractor's or homeowner's conduct, or any construction work.

BuildBids' total aggregate liability to any user for any claim is limited to the greater of the fees that user paid to BuildBids in the twelve months preceding the claim, or $100 CAD.

Nothing in these terms limits liability that cannot be limited under applicable Canadian consumer protection law.

11. Indemnification

You agree to indemnify, defend and hold harmless BuildBids, its affiliates, officers, directors and employees from and against any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of your use of the marketplace, your content, your breach of these terms, or any dispute between you and another user.

12. Dispute resolution and governing law

Disputes about construction work, quality, schedule, payment or contract terms are between the homeowner and the contractor. BuildBids may, at its discretion, provide records of marketplace activity, but has no obligation to mediate, arbitrate or resolve such disputes.

These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws rules.

13. Changes to these terms

BuildBids may update these terms. Each version carries a version number and effective date. Material changes require you to review and re-accept the updated version before continuing to use the marketplace. Continued use after a non-material update constitutes acceptance.

14. Contact

Questions about these terms: support@buildbids.ca