Terms and Conditions
This agreement sets out the terms and conditions ('Terms and
Conditions') applicable to members of the service operated by
auctionlance.com. Applicants (referred to as 'members') must agree to the
following Terms and Conditions. In the event a member breaches or
otherwise fails to comply with any provision of these Terms and
Conditions then in addition to any other remedy available to
auctionlance, auctionlance may terminate the participation of such member
in the service and/or may withhold any payments relating to
participation in the service due to such member from auctionlance.
ELIGIBILITY REQUIREMENTS
auctionlance.com shall have absolute discretion as to whether or not it
accepts a particular applicant or site for participation in the service.
REMOVAL FROM NETWORK
auctionlance.com reserves the right to terminate the participation of any
member or site without reason but expressly including any member site
that auctionlance judges to be in violation of the Terms and Conditions.
Members in violation of auctionlance's Terms and Conditions will be
immediately deactivated. auctionlance may deactivate members with no
prior notification. Members found in violation of the Terms and
Conditions will not receive any credit or payment from auctionlance.
Members that are terminated by auctionlance on any basis other than
violation of these Terms and Conditions will be entitled to receive any
payment due from auctionlance.
REFERRAL COMMISSIONS
The referral commission paid out will be the one listed on the Referrals
page (http://www.auctionlance.com/referrals.shtml).
If the commission rate is changed, it will only affect referrals made
after the new commission was announced. You may not refer yourself, nor
sign up for multiple accounts to collect referral fees. You may also not
partner with any other auctionlance user to share/transfer the commission
made from your own account, or else both parties will be kicked from the
service without payment. auctionlance reserves the right to delay or
cancel sending affiliate earnings if we believe the referred user will
not pay the fees they were charged, since affiliate commissions are
based on those fees.
COPYRIGHTS
No copyright material can be posted on auctionlance. This includes
scripts which are sold by the author. Only posting sections of these
scripts, as examples, will be permitted. A "section" being no more than
10% of the script's contents. This is meant to protect the author's
rights.
MODIFICATIONS
auctionlance reserves the right to change the member Terms and Conditions
at any time. It is the member's responsibility to check these Terms and
Conditions from time to time for such changes. In the event auctionlance
offers any additional or replacement services then this agreement shall
apply to such services in the absence of any new agreement specific to
such services which is entered into between the parties.
OWNERSHIP
Members agree that all information contained on a website operated by
auctionlance, and all information compiled by auctionlance through
operation of the affiliate program, is the proprietary information of
auctionlance. Personal information provided by members to auctionlance
will be kept confidential and will not be distributed to any third
party.
E-MAIL ADDRESSES
Members agree not to post their e-mail address on the site, except in
the "e-mail" field of the signup form, or when asked by auctionlance at
any other time. There should be no need to give anyone your e-mail
address. It is automatically provided if you choose a programmer (or you
are the programmer chosen for) a project, and before that time you can
use the message board to communicate. This does not only apply to e-mail
addresses, but to all methods of communication, including phone, ICQ,
AIM, MSN Messenger, etc... See "Avoiding Commissions" below for the
reason.
PROVIDING CONTACT INFORMATION
You are prohibited from making direct contact with another member,
unless it's for a project you (a programmer) have been picked for, or
you (a webmaster) have picked a programmer for. This includes giving out
your e-mail address, ICQ number, phone number, or any other method of
contact outside of this site. auctionlance provides you with message
boards, which should be sufficient for pre-project planning. The only
exception to this is on "Featured" projects. If a project has the
"Featured" graphic on it, that means the webmaster has paid a flat fee
in advance, and you ARE allowed to provide contact information in the
message board. Note that the auctionlance system does not distinguish
between featured and non-featured message board posts, so you will still
get a warning when submitting an e-mail address, even if the project is
featured.
AVOIDING COMMISSIONS
You are strictly prohibited from attempting to negotiate the fee for a
project with another member directly (outside of auctionlance) after that
project has been created/opened and before that project has been closed
(basically, during an ongoing project). But this also applies to any
project that was closed without a programmer being chosen, and then
contacting them about the project anyway. Both parties are responsible
for notifying auctionlance if the payment amount increases (above the bid
amount) after the project is closed. Receiving a larger amount than the
original project bid, without notifying us, will be considered an
attempt to avoid the commissions. When a programmer requests a
withdrawal, we always review all payments received for each project to
verify that they match the bid. If at the time of a withdrawal request
the programmer has failed to notify auctionlance staff of a payment
received above the amount of his bid (a total payment above US$100),
auctionlance reserves the right to deduct double the fee for the amount
that should have been reported. We believe our commissions are very fair
and justified for the service we provide, therefore we will absolutely
not tolerate any of this activity on auctionlance.
BIDDING
Programmers can only place bids that equal the total amount of money
they are requesting for the project. You cannot post an hourly bid or
any other abnormal type of bid. This applies to webmasters too.
Webmasters cannot create projects that directly or indirectly require
programmers to place hourly or other abnormal bids. The only exception,
for both webmasters and programmers, is when the project is featured.
See featured project information at
http://www.auctionlance.com/featured.shtml.
POSTING PROJECTS
New users are limited to the posting of only 3 projects before being
asked to make a deposit. This is meant to protect other users and
prevent fraudulent activity. A user is required to deposit any amount of
funds before they gain the right to post unlimited projects. A user may
request higher posting limits, under special circumstances, by simply
contacting auctionlance support.
FEATURED PROJECTS
The following conditions are here to prevent abuse of the "Featured
project" feature on auctionlance. The maximum amount of money a
programmer can receive for a Featured project, through the auctionlance
system, without being charged a fee, is $2,500. Any amount received
above $2,500 will be subject to the regular fee of 2.5%. Note that this
condition only applies to money received with the auctionlance system;
you can receive more than $2,500 for a single Featured project, without
being charged a fee, if the payment is made outside of auctionlance. If
this condition applies to a payment you received on auctionlance, you
must notify us of the amount so that we can apply a 2.5% fee to the
amount above $2,500. Failure to notify us could result in temporary
account suspension.
ADVERTISING
You are prohibited from advertising your website on auctionlance. Any URL
posted in a bid, project description, or the message board, must relate
to a project on auctionlance. An example of a permissible URL: your
portfolio or résumé page. We do however offer advertising on the
auctionlance.com website as a whole. for more information about our
advertising options, please visit
http://advertise.auctionlance.com
THE ROLE OF auctionlance
auctionlance functions as a venue to connect webmasters and programmers
in a virtual marketplace. As a neutral facilitator, auctionlance is not
directly involved in the actual transactions between users of the Site.
As a result, auctionlance has no control over the truth, accuracy,
quality, legality, or safety of postings made by users. Because
verifying the identity of a user on the Internet is difficult,
auctionlance cannot and does not confirm the identity of users.
auctionlance also does not confirm nor verify the qualifications,
background, or abilities of users. Therefore, We recommend that You be
careful and exercise common sense and good judgment when dealing with
any member on the Site. You are encouraged to review our
Project Guidlines
before taking part in a project. If you are unsatisfied with another
member, the most auctionlance can do is refund the project commission you
have been charged by us. We cannot refund the money you have sent to
someone, we are not responsible for your transactions. auctionlance is
not responsible for fraudulent payments made by users and cannot be held
liable for financial loss incurred from fraudulent transactions. It is
the receiver's responsibility to verify the identity and background of
the sender.
AND FINALLY.. .
We thank you for choosing the auctionlance.com service and we look
forward to a mutually successful business relationship.
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