Terms & Conditions

1. Acceptance of Terms

By accessing or using the Gigabid platform (“Platform”), you (“User”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, you may not access or use the Platform.

You represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal authority to bind the company or organization on whose behalf you are using the Platform (“Company”); and (c) your use of the Platform complies with all applicable laws and regulations.

These Terms constitute a legally binding agreement between the User and Gigabid LLC (“Gigabid,” “we,” “us,” or “our”), a company incorporated in the State of Delaware.

2. Platform Description

Gigabid is a business-to-business (B2B) online marketplace that facilitates connections between Internet Service Providers (“ISPs”) and Engineering, Procurement, and Construction Contractors (“Contractors”) for fiber optic infrastructure construction projects.

The Platform enables ISPs to publish Requests for Proposals (RFPs) with standardized Unit Price Sheets, and enables Contractors to discover, evaluate, and submit structured bids on those RFPs. Gigabid provides digital infrastructure for this process, including project discovery, non-disclosure agreement (NDA) facilitation, bid submission and comparison, and communication between parties.

3. Platform Role and Limitations

3.1 Not a Party to Transactions

Gigabid is not a party to any contract, agreement, or transaction between ISPs and Contractors. Any agreement arising from interactions on the Platform is solely between the transacting parties.

3.2 No Guarantees Regarding Users

Gigabid does not guarantee, endorse, or make any representations regarding the qualifications, reliability, financial standing, creditworthiness, licensing status, bonding capacity, insurance coverage, or performance capability of any User registered on the Platform.

3.3 No Due Diligence or Vetting

Gigabid does not perform background checks, license verifications, financial audits, reference checks, or any other form of due diligence on registered Users or their Companies. The verification status displayed on the Platform indicates only that basic registration information has been reviewed and does not constitute an endorsement, certification, or guarantee of any kind.

3.4 User Responsibility for Due Diligence

All vetting, due diligence, qualification assessment, and contract negotiation is the sole responsibility of the transacting parties. Before entering into any agreement or committing to any project, Users are strongly advised to independently verify the other party’s licensing, bonding, insurance, financial stability, past performance, and legal standing through their own professional and legal advisors.

3.5 No Responsibility for User Content

Gigabid is not responsible for the accuracy, completeness, legality, or reliability of any RFP specifications, bid submissions, project descriptions, company information, or other content posted by Users on the Platform.

3.6 No Advisory Services

Gigabid does not provide legal, financial, construction, engineering, or procurement advisory services. Nothing on the Platform constitutes professional advice.

3.7 No Agency Relationship

No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is created between Gigabid and any User by these Terms or by use of the Platform.

4. User Responsibilities

4.1 General Obligations

All Users agree to:

• Provide accurate, current, and complete registration and profile information
• Maintain the confidentiality of account credentials
• Notify Gigabid promptly of any unauthorized account access
• Comply with all applicable federal, state, and local laws and regulations
• Use the Platform only for its intended business purposes

4.2 ISP Responsibilities

ISPs using the Platform are solely responsible for:

• The accuracy and completeness of all RFP specifications, unit price sheets, project descriptions, maps, and supporting documents
• Ensuring their RFPs comply with applicable procurement laws and regulations
• Evaluating and selecting contractors through their own assessment processes
• All contractual obligations arising from awarded projects
• Proper handling of confidential contractor information received through the Platform

4.3 Contractor Responsibilities

Contractors using the Platform are solely responsible for:

• The accuracy of all bid submissions, unit pricing, and company qualification information
• Maintaining all required licenses, bonds, insurance, and certifications for their operating jurisdictions
• Their ability to perform work as represented in bid submissions
• All contractual obligations arising from awarded projects
• Compliance with NDA obligations for all accessed RFP materials

4.4 Contracting Between Parties

Both ISPs and Contractors acknowledge that any project agreement, contract, or work arrangement arising from the Platform is exclusively between those parties. Each party is solely responsible for negotiating, drafting, executing, and enforcing their own legal contracts with the other party.

5. Account Terms

To access the Platform, you must register using a valid company email address and provide accurate company information. Personal email addresses are not accepted. Each individual may maintain only one user account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

Gigabid reserves the right to suspend or terminate any account that violates these Terms, engages in fraudulent activity, or poses a risk to other Users or the Platform’s integrity.

6. Acceptable Use

Users agree not to:

• Submit fraudulent, misleading, or intentionally inaccurate bids, RFPs, or company information
• Share RFP information or documents in violation of NDA obligations
• Attempt to circumvent the Platform to conduct transactions directly with Users discovered through Gigabid
• Use automated tools, bots, or scrapers to access or collect data from the Platform
• Interfere with or disrupt the Platform’s infrastructure or other Users’ access
• Impersonate another User, company, or entity
• Engage in anti-competitive behavior, bid rigging, or price fixing

7. Non-Disclosure Agreements

The Platform facilitates NDA execution between ISPs and Contractors as a prerequisite to accessing detailed RFP information. The substantive confidentiality obligations created by NDAs executed through the Platform are solely between the ISP and Contractor parties. Gigabid is not a party to these NDAs and does not enforce, monitor, or guarantee compliance with NDA terms.

8. Intellectual Property

The Platform, including its software, design, text, graphics, logos, and user interface, is the property of Gigabid and is protected by applicable intellectual property laws. Users retain ownership of all content they submit to the Platform. By submitting content, Users grant Gigabid a non-exclusive, worldwide, royalty-free license to use, display, store, and process such content solely for the purpose of operating and improving the Platform.

9. Payment Terms

Access to certain Platform features requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis. All fees are quoted and payable in United States Dollars (USD). Gigabid reserves the right to modify subscription pricing at any time with at least thirty (30) days’ notice. Subscription fees are non-refundable.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• Gigabid’s total aggregate liability shall not exceed the total fees paid by the User to Gigabid during the twelve (12) months immediately preceding the event giving rise to the claim.
• Gigabid shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including damages for loss of profits, revenue, goodwill, data, or business opportunities.
• Gigabid shall have no liability for failed construction projects, construction defects, payment disputes between parties, or any User’s failure to perform due diligence on another party.
• The Platform is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, or statutory.

11. Indemnification

You agree to indemnify, defend, and hold harmless Gigabid, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses arising from or related to your use of the Platform, your violation of these Terms, content you submit, your interactions or transactions with other Users, or your violation of any applicable law or third-party right. This indemnification obligation shall survive termination of your account.

12. Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Delaware.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

13. Termination

You may terminate your account at any time through the account settings or by contacting support. Gigabid may suspend or terminate your access at any time, with or without cause. Upon termination, your right to access the Platform ceases immediately. Gigabid may delete your account data after a reasonable retention period of ninety (90) days. Sections 3, 7, 8, 10, 11, 12, and 15 shall survive termination.

14. Modifications to Terms

Gigabid reserves the right to modify these Terms at any time. Material changes will be communicated at least thirty (30) days before the effective date. Continued use of the Platform after the effective date constitutes acceptance of the modified Terms.

15. General Provisions

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Gigabid regarding the Platform. Gigabid shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control (force majeure).

Contact Information

For questions about these Terms, please contact:
Gigabid LLC
Email: legal@gigabid.com