Terms and Conditions
RPF.ORG is a wholly owned subsidiary of The Bureau of Internet Accessibility, Inc. By submitting the RFP.org Registration Form and updating specific material, the person or entity named herein ("the Company" or “Vendors”) agrees to the following Terms and Conditions. These Terms and Conditions, together with the Registration Form, comprise the entire agreement ("Agreement") between the Company and RFP.org. ("RFP.org").
1. Company Contents.
The Company agrees to provide current, complete, accurate, and truthful information about the Company's business as prompted through the registration process. RFP.org can and will at any time deny, suspend or terminate Company for providing false or inaccurate information, or for any reason it deems appropriate. Company grants permission for RFP.org to electronically display Company’s name to individuals who submit a Request-for-Quote on the Web Site and who are matched to Company and for whom Company is sent the lead. Company will promptly inform RFP.org of any changes in Company’s registration information.
2. Vendor Database.
RFP.org authorizes the inclusion of vendors in its vendor database, accessible to RFP.org users through RFP.org Web Site in accordance with these Terms and Conditions. By submitting any information to RFP.org, the Company expressly authorizes and requests that RFP.org include information about the Company in its vendor database. RFP.org reserves the right to refuse any such request or to cancel for any reason.
3. Sales Lead
RFP.org will facilitate the process in which potential buyers of products and services are matched with potential vendors. The information generated from the potential buyers and passed through to the appropriate vendors is called a “Sales Lead.”
3.1. RFP.org will provide to Company Sales Leads that match the stated budget range of the potential buyer.
3.2. Vendors are selected based on their companys’ qualification, bidding amount and RFP.org’s internal rating of the Company. The internal rating will be negatively impacted for companies that are difficult to work with or demand excessive credits.
3.3. RFP.org will, in its sole discretion, determine which vendors will receive Sales Leads. RFP.org is under no obligation to provide any Sales Leads to any company.
3.4. Company agrees not to distribute or re-sell Sales Lead(s) to any third party, without the express written consent of RFP.org. RFP.org is not responsible for any failure to receive the Sales Lead due to spam filters, address-book filters, filters imposed by Internet service providers, or failure on the part of Company's email servers or Internet service provider to deliver the Request-for-Quotes.
3.5. Company shall contact the customer and use the Sales Lead only for purposes directly related to the Sales Lead. Company may not add information from the Sales Lead to any email, newsletter, magazine, or communication without first obtaining an independent request from the customer. Company may not respond to any Sales Lead for purposes of cross-selling other products and services not sold by Company.
3.6. Notwithstanding any other provision to the contrary in this agreement, , RFP.org shall have the right to withhold the forwarding of any Sales Lead to Company for any reason, including but not limited to the fact that RFP.org may, in its sole discretion (which shall be deemed conclusive), determine that a given category or region of the country has become fully "saturated" with an excess number of suppliers. Should this be the case, Company will be charged by RFP.org only for those Sales Lead that are actually forwarded to Company by RFP.org.
4. Account Password and Security
In order to access their account information online, the Company will select a sign in e-mail and password. The Company will be responsible for maintaining the confidentiality of the user name and password, and will be fully responsible for all activities that occur under the user name and password. The Company agrees to immediately notify RFP.org of any unauthorized use of the user name or password or any other breach of security. RFP.org cannot and will not be liable for any loss or damage arising from Company's failure to comply with this section
5. Fees & Credit
Company agrees to pay RFP.org the stated amount per lead they set as represented in the bidding tool. RFP.org will charge Company’s account for the cost of the Sales Lead at the time the lead is sent via email.
5.1 Credit Procedure.
Any Sales Lead in which either the contact information or the project stated in the lead is found to be false will be credited back to its RFP.org account on the condition that the following credit procedure is followed completely:
Company must print out a copy of the lead; write a detailed reason for your dissatisfaction on the now printed lead in blue ink; sign; and mail to the following address with the postmark no later then 7 (seven) days after the Sales Lead date:
RFP.ORG – Lead Credit5600 Post Road #114
Suite 121
East Greenwich, RI 02818.
5.2 Termination
Either Company or RFP.org may terminate this Agreement at any time, with or without cause. Company may cancel at any time by sending a written notice via email to RFP.org at contact@rfp.org. Within 3 business days of receipt of notice, RFP.org will close Company’s account and charge Company only for leads that Company has received
6. Use of RFP.org Name and Logo
Company is permitted to use the RFP.org name only for purposes of identifying to the customer where the Request- for-Quote originated. Company has no right to use the RFP.org name, logo, or other intellectual property for any other purpose. Company will not make any representation or statement to anycustomer or any third party to suggest that it is acting on behalf of RFP.org or that RFP.org has authorized, approved of or endorsed its products or services.
7. Representations and Warranties
The Company represents and warrants that: (a) all of the information provided to RFP.org is truthful and not misleading, fraudulent, defamatory, libelous, threatening, harassing, or obscene; (b) Company is authorized to provide the services and products; (c) Company has the right to use each copyright, trademark, trade name, service mark, graphic, photograph, or any other intellectual property in the way it is used under this Agreement or on the Web Site; and (d) any advertising copy and any linked advertising complies with all all federal, state and locallaws and regulations.
8. Indemnification
Company agree to indemnify, defend and hold harmless RFP.org and its service providers from any and all third- party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) arising from its use of this Service or Site, its violation of thisAgreement or its infringement, or infringement by any other user of the Company account, of any intellectual property or other right of any third party.
9. Disclaimers
RFP.org makes no express or implied warranties, representations, or endorsements whatsoever (including, without limitation, warranties of title or non-infringement or the implied warranties of merchantability or fitness for a particular purpose) with respect to its services, the Web Site, any merchandise, information, or services provided through the Web Site, or the accuracy or results obtained from the use of any information or services provided through the Web Site. RFP.org is a referral service only. RFP.org is not involved in any actual transactions between buyers and vendors through the Request-for-Quote programs. Thus, RFP.org has no control over the ability of buyers to purchase items or qualify for leases and other forms of credit. RFP.org cannot and does not control whether or not buyers will complete the purchase of items for which they have requested proposals or quotes. Because user authentication on the Internet is difficult, RFP.org cannot and does not guarantee that each buyer or vendors is who they profess or claim to be. Buyers and suppliers will be able to communicate directly with each other before any transaction is complete, and should conduct their own inquiry and due diligence regarding the identity and qualifications of any other party. In the event Company has a dispute with one or more buyers, Company hereby releases and waives all claims against RFP.org and its officers, directors, agents, employees, insurers, attorneys other representatives from any claims, demands, and/or damages arising out of or in any way connected with that dispute.
10. Limitation of Liability
Company agrees that RFP.org will not be liable to Company for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, humiliation, or other intangible losses (even if RFP.org has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service or Site; (ii) the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service or Site; (iii) unauthorized access to or alteration of Company’s transmissions or data; (iv) statements or conduct of anyone on the Service or Site; or (v) any other matter relating to the Service or Site. If, notwithstanding the other provisions of this Agreement, RFP.org is found to be liable to Company for any damage or loss which arises out of our is any way connected to its use of this Service or Site, RFP.org’s liability shall in no event exceed the US$100.00.
11. General Provisions
This Agreement is governed by the laws of the State of Rhode Island, U.S.A., without regard to its conflicts of law provisions; and Company hereby consents to the jurisdiction of and venue in the federal and state courts located in Providence Rhode Island, U.S.A., in all disputes arising out of or relating to this Service or Site. In addition, Company hereby consents to the exclusive jurisdiction of and venue in such courts for any action commenced by Company against RFP.org (or our affiliates). Use of this Service or Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this section. Company agrees that it shall not use this Service or Site in any manner contrary to local, state or federal law. RFP.org expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate all services immediately upon notice of Company’s failure to comply with any such local, state or federal law. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and RFP.org with respect to the Service and Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Company and RFP.org with respect to the Service. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.