MobilBid Terms and Conditions

Terms and Conditions of Use

By logging into the MobilBid Administrative platform you are agreeing to our terms and conditions of use as outlined below.

Objective of this Document:

This document is intended to summarize the terms and conditions under which MobilBid will provide to a client a secure Internet-accessible mobile bidding software platform running on MobilBid servers, which allows clients to create and manage silent auction events. Guests of a client participating in silent auction events can access the platform and participate through either a Cell or Wi-Fi network using cell phones, tablets or other web enabled devices.

Definitions:

Client – An organization or institution that uses the MobilBid bidding platform.

Service - The silent auction bidding, invoicing and payment submission service provided to Clients by MobilBid, consisting of specialized software owned by MobilBid, running on a server under MobilBid supervision and control. Client organizations access the service through the Internet.

Patron(s) – individuals who have relationships with Clients, and uses the MobilBid service supplied to Clients. Patrons enter their personal contact information and (optional) credit card information into the platform.

Administrator – A person under the employ or supervision of a Client who is responsible for the administrative functions and duties that the Service requires from time to time.

Event – An auction run by a Client.

Obligations and Rights of a Client:

Clients have unlimited use of the MobilBid software to run silent auction events.
There is no charge for setting up or maintaining an open account. Compensation is based on total funds raised during silent auction events. Inactive accounts will be deleted, upon notice, at the discretion of MobilBid.
Clients may, with the approval of MobilBid, co-brand or self-brand the Service to suit its purposes.
Clients are responsible for configuring the parameters of an event, uploading images and descriptions of auction items and for editing and maintaining those items on the platform.
Clients will provide an on-site Administrator to manage the operation of the service during events. MobilBid can provide an Administrator at an agreed upon cost.
Clients are responsible for the information collected using the Service.
Clients agree to not copy or redistribute, in whole or in part, any system documentation or information, including pricing, pertaining to the operation of the Service without the expressed permission of MobilBid.
Clients agree that MobilBid reserves the right to adjust pricing and payment information with 90 days’ notice.
Clients specifically forbid MobilBid to copy, co-mingle, release, distribute, publish, or use the names and information of patrons for any purpose other than the provision of the Service.
Clients agree to inform MobilBid staff of defects, processing or message delivery problems and to provide copies of error messages and information that can assist MobilBid in diagnosing and correcting such problems.
Clients reserve the right to take action against individuals, and/or companies not related to MobilBid for the improper use of the information collected.
Clients are responsible for posting any privacy policies or terms and conditions that may govern how patron information is collected and used. A draft policy can be found within the MobilBid online help documentation (Patron Privacy Policy.)
Clients hold MobilBid without fault from any occurrence of a patron taking exception to, or suffer displeasure over misuse of their contact or personal information.
Clients understand that any credit card fraud is covered by agreements between the Client and its merchant account providers. MobilBid will not be responsible for unauthorized charges placed on a patron’s credit card, nor is MobilBid responsible for chargebacks against a Client account if stolen cards are used for payment of auction item

Obligations and Rights of NDI:

MobilBid shall take all reasonable and appropriate steps to protect the security of the information and the privacy of individuals using the Service.
MobilBid agrees that the information collected during the operation of an event shall not be distributed, sold, loaned, leased, allowed to be copied, altered, or co-mingled with other lists of names for purposes other than to create and operate the Service for a Client.
MobilBid agrees not to use stored information for the purpose of marketing products to, or soliciting the business of patrons, or any activity inconsistent with the development of the Service for a Client.
MobilBid agrees that names and contact information processed through the Service remain the property of Clients in perpetuity. Clients may download any information they wish to archive or retain using the reports and tools provided from within the system. Clients may delete any information they wish, and through the normal course of business it will be removed from all systems and backup media. All data can be purged at any time upon request.
MobilBid agrees to work with Clients from time to time to enhance the Service. MobilBid makes all reasonable efforts to accommodate client requests. Requests that enhance the service for multiple clients will be implemented free of charge at a time of MobilBid choosing. Requests that are unique to a Client will be provided with an estimate of time and cost.
MobilBid has the right to enhance, modify, or otherwise change the Service software from time to time without notice. MobilBid agrees that these changes will not impact a Client's use of the Service. If MobilBid anticipates that such changes will affect a Client's use, it will provide appropriate notice.
MobilBid warrants that the Service provided to Clients is free from defects and operates reliably. MobilBid will repair any defects or processing deficiencies for no additional charge, and will make best efforts to affect these repairs in a timely fashion.
MobilBid will use its best efforts to maintain the Service software and hardware in such a fashion as to maximize the availability of the Service to Client staff and patrons 24 hours a day, seven days a week. Notwithstanding, MobilBid is not responsible for power failures, network outages or Acts of God that may occasionally prevent the Service from being available.
MobilBid agrees to provide unlimited email and telephone support during the hours of 9:00am - 6.00pm (Eastern Time), Monday through Friday, with the exception of Canadian Federal and Provincial statutory holidays. Through special arrangements, MobilBid can provide standby telephone support during silent auction events held outside of these regular hours.
MobilBid certifies that it's systems and protocols are fully PCI compliant and configured to safeguard credit card and payment information provided by patrons.
MobilBid reserves the right, in its sole discretion, to terminate any account where it believes activities are of a fraudulent, illegal or immoral nature, or where the use of the platform is not in the best interests of the MobilBid brand.
MobilBid reserves the right to restrict Client Administrator access to accounts not paid within 30 days.

Pricing:

Cost to Clients is 5.5% of invoiced revenues for silent auction items and multi-sale items. For convenience, MobilBid offers Clients the option of billing live auction items and donations through the MobilBid platform at a reduced rate of 1.5%. There is a $220 (5.5% of $4,000) minimum charge per event, while the maximum charge is $2,500 per event (5.5% of approximately $45,000.) Invoices will be issued within five business days following the close of the auction.

There is no charge for auctions testing the configuration prior to a "live" event. An event that spans multiple days, but only bills patrons once at the end of that event, will be considered a single event for purposes of MobilBid billing a Client.

For expediency of closing, we recommend Clients offer the mobile payment through STRIPE (www.stripe.com, with merchant fees of 2.9% + 30¢ per transaction paid directly to STRIPE.) MobilBid does not receive any revenue or fees from STRIPE.

Miscellaneous:

This agreement shall be interpreted under the laws of Ontario, Canada.

The office address of MobilBid is:

MobilBid (a service of Net Directories Inc.)

Attention: Derek Fisher

199 Albertus Avenue

Toronto, M4R 1J6

Ontario, CANADA

Telephone: 1-855-202-4404 (Toll-Free)

Email: support@mobilbid.ca