Terms of Service

Last Updated: 05/05/2025

1. Definitions

"Platform" means the BidFair website and services. "Freelancer" means an independent contractor submitting bids. "Client" means a user posting projects. "User" means any person using the Platform. "Bid" means a proposal submitted by a Freelancer. "Project" means work posted by a Client. "Held Funds" refers to payments temporarily held during a project until release. "Stripe" is the payment processor.

2. Eligibility

Users must be at least 18 years old and capable of entering contracts. You may not use the Platform if prohibited by local law or if previously suspended.

3. Account Creation and Verification

Users must provide accurate information and complete Stripe Connect onboarding. Accounts failing KYC or AML may be suspended or terminated.

4. Independent Contractor Relationship

BidFair is not an employer. Freelancers operate as independent contractors. Clients engage contractors for projects. No employment relationship is created by using the Platform. Freelancers are responsible for all taxes, insurance, and legal obligations.

5. Use of the Platform

Users agree not to misuse the Platform, defraud others, or engage in illegal activity. BidFair reserves the right to suspend accounts for abuse or legal violations.

6. Project Posting and Bidding

Clients may post Projects with clear scopes and budgets. Freelancers may submit only one Bid per Project. Clients may set auto-reject minimum thresholds. Promotion fees apply only to visibility and do not guarantee selection.

7. Payments, Held Funds, and Fees

All payments are processed through Stripe Connect. Clients pay optional promotion fees. Freelancers pay no commission. Deposits incur a 1% fee capped at $2. Project funds are held securely by Stripe and released only when both parties confirm satisfactory completion or a dispute is resolved.

8. Interview Deposits

Clients may be required to pay a deposit before interviews. Deposits apply toward final payment or are refundable under dispute terms. Interview deposits help ensure client seriousness. BidFair is not liable if Clients do not proceed after interviews.

9. Project Completion, Ratings, and Disputes

Completion: Clients mark Projects complete to release held funds. If unmarked within 3 days, Freelancers may request review.
Ratings & Reviews: Users may review each other post-completion or dispute; reviews must be factual.
Disputes: Either party may open a dispute while a project is active between the freelancer and client. BidFair admins review evidence, chat logs, and job details. Decisions are final and binding. Once a project has been marked completed and funds released, the project will no longer be available to dispute.

10. Refunds

Refunds are processed via Stripe when disputes resolve in favor of the refunding party, deposits expire unused, or promotions remain unused. No other refunds are guaranteed. BidFair does not control the Stripe payout timeline or refund schedule.

11. Intellectual Property

Freelancers retain IP rights until held funds are released. Upon release, IP transfers to the Client. Users may not use BidFair trademarks without permission.

12. Platform Availability and Changes

BidFair does not guarantee uninterrupted service and may modify or suspend features. We may update these Terms at any time; continued use constitutes acceptance.

13. Limitation of Liability

BidFair is not liable for disputes, job quality, third-party behavior, damage, injury, loss of income, or payment processor issues. BidFair does not mediate or guarantee physical services or outcomes. Our total liability is capped at $100 or the total fees paid in the last 6 months, whichever is less.

14. Indemnification

Users agree to indemnify and hold harmless BidFair and its affiliates, employees, and agents from any claims, damages, liabilities, and expenses arising from their use of the Platform, violation of these Terms, or interaction with other users.

15. In-Person Work Disclaimer

BidFair does not verify licensing, insurance, or qualifications for physical or local services. Clients and Freelancers are solely responsible for risk assessment and safety. BidFair is not liable for injury, property damage, or any claims arising from in-person engagements.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the United States. Disputes must be brought in courts of that jurisdiction.

17. Contact

Questions or concerns:
Support@bidfair.dev