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Terms and Conditions │ Projects.cy

Projects.cy ("we", "us", "our") welcomes you to its Website an online tendering platform through which natural or legal persons may post building projects and invite tenders from building contractors whilst building contractors may find and bid on building projects.
The Website www.projects.cy belongs to, and is operated by, Lakemont Ltd, a company incorporated under the laws of Cyprus with registration number HE443852 and having its registered office in Limassol, Cyprus. To contact us, please email us at support@projects.cy or write to us at Ierou Loxou 22, 3082 Limasol, Cyprus. You can also call us at +357 7000 0775.
These Terms and Conditions ("Terms") govern access to and use of our Website and our services by any natural or legal person and form a legally binding contractual agreement between you and us. By accessing and using our Website you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not access or use our Website and our services.
These Terms together with the Privacy Policy that sets out how we may use your personal data are the instruments that govern the entire relationship between us and you. By accessing and using the Website and its services you confirm that you accept and agree with the Privacy Policy and confirm that you are not a person under 18 years old.

1. Definitions

"User" means any natural or legal person that accesses the Website and it includes visitors, clients, and professionals.
"Client" means any natural or legal person or its appointed representative (i.e., architect, quantity surveyor, civil engineer) that uses the Website and its services to obtain tenders for a building project.
"Professional" means the natural person, enterprise or legal person the business of which is that of a general building contractor who uses the Website and its services to view and possibly bid on building projects open to tender.
"Website" means the Website www.projects.cy as well its related sites and domains including www.project.com.cy and www.projects.com.cy .

2. Access and Usage

Registration and use

To take advantage of and make use of the services and tools offered by the Website, Clients and Professionals register and create an account. It is your responsibility as a Client or a Professional to keep your login details safe and secure and prevent unauthorized use. You are solely and fully responsible for all use of the Website via your account and login details. In case you detect any unauthorized use of your account, you shall notify us immediately.
Projects.cy may in its absolute discretion reject applications for account creation by Clients or Professionals.
As a Client or Professional, you represent and warrant that all information and materials you provide when registering and when using the Website and its services, including but not limited to information related to your identity, licenses, qualifications, experience, and projects posted for tenders, is fully accurate, complete, reliable, updated, and not untrue or misleading in any way. Moreover, you represent and warrant that you possess all the requisite permits and consents from any natural or legal persons whose information or material you enter or post on Projects.cy (such as when an architect posts his client’s building project on Projects.cy). You are solely and fully responsible for all information, statements, materials that you provide to or via the Website.

Services to Clients and Professionals

Whenever a Client posts a building project, an invitation to tender for that project is created on the Website and building contractors that fulfil specific Client-selected criteria are automatically notified. The Website is entitled to notify building contractors who have registered on the Website as well as contractors who are not so registered.
The sets of tender documents, and by implication the number of tenders that can be submitted for each building project, is limited to five, or −under specific conditions− seven. When a Professional purchases the tender documents of a project (i.e, the architectural, structural, electromechanical plans/drawings), he concurrently obtains the contact details of the Client who is the project owner or the owner’s representative (i.e his architect). Concurrently, the Client is provided with limited access to that Professional’s profile at Projects.cy. The Professional submits his tender directly to the Client/representative using the submission method indicated by the latter.
Projects.cy does not provide any guarantee and has no responsibility towards Clients or Professionals as to the results of the use of our services for finding eligible Professionals or projects to build. The Client understands and accepts that the invitation to tender for a building project may not generate eligible Professionals or that eligible Professionals may not provide tenders. The Professional understands and accepts that being invited to tender and submitting a tender to a Client does not under any circumstances guarantee any results.

Information provided by Clients and Professionals

The Client understands and accepts that Projects.cy does not guarantee and carries no responsibility with respect to the accuracy, completion or truthfulness of information provided by the Professional with respect to his identity, qualifications, experience and expertise, business features, possession of licenses or insurances or compliance with relevant laws and standards. The Client accepts that it is his responsibility to inquire with respect to the above prior to entering into a contract with a Professional.
The Client also understands and accepts that any Website notifications to him concerning specific Professionals who obtained his project’s tender documents, or the receiving of tenders from these specific Professionals may under no circumstances be considered as a recommendation, endorsement, or approval of any such Professional by Projects.cy.
The Professional accepts that Projects.cy does not guarantee and carries no responsibility with respect to the accuracy, completeness or truthfulness of information or material posted on the Website by a Client pertaining to his identity or to the building project for which tenders are sought. The Professional accepts that it is his responsibility to inquire with respect to the above prior to entering into a contract with a Client.
Projects.cy caries no responsibility and will not under any circumstances be liable for any direct or indirect loss or damage suffered by the Client or the Professional as a result of the above.

Professional – Client Transactions

Projects.cy is a platform that provides a setting and tools on the web to help Clients and Professionals discover one another and request and provide tenders for building projects. Any transaction is between the Client and the Professional. PROJECTS CY IS NOT IN ANY WAY INVOLVED AND DOES NOT PARTICIPATE IN THE FORMATION OF THE AGREEMENT BETWEEN CLIENT AND PROFESSIONAL. WE ARE NOT, AND SHALL NOT BE HELD TO BE, A PARTY TO ANY CONTRACTUAL AGREEMENT BETWEEN CLIENT AND PROFESSIONAL AND WE CARRY NO RESPONSIBILITY WHATSOEVER WITH RESPECT TO THE NEGOTIATION AND FORMATION OF THE TERMS OF ANY SUCH AGREEMENT, THE AGREEMENT ITSELF, ITS EXECUTION, AND ANY DISPUTES, LOSSES OR DAMAGES SUFFERED BY ANY OF THE PARTIES AS A RESULT OF SUCH AGREEMENT.

3. OBLIGATIONS OF USERS

Whether you are a Visitor, Client, or Professional, you agree and warrant that you shall not:

  • Use the Website and its services in a way that is incompatible with the present Terms and Conditions.
  • Use the Website and its services in a way that breaches any laws or regulations.
  • Attempt to gain unauthorized access to the Website, its services, databases, systems, user accounts, personal data through hacking, cracking, password mining, or other illegal means.
  • Carelessly or purposefully introduce any viruses, trojans, worms, or other malicious material that may interfere with, damage, or disrupt the Website, its contents, systems, databases, and its normal operation.
  • Duplicate, reproduce, copy, modify, translate, extract, or use any part of the Website, its content or tools.
  • Use the Website and its services to transmit unsolicited promotional, unauthorized, illegal, insulting, or abusive information or material (spam).
  • Use any information, material, data, or personal data of Clients and/or Professionals for any purpose other than strictly for the purpose for which you were allowed to obtain them through the Website. Indicatively but not exclusively, you shall under no circumstances communicate these to any third party, post them anywhere on the web (including social media), or use them for promotional or commercial purposes.

The Client agrees and warrants that he/she:

  • Shall not use the Website to provide information, data, statements, or material relating −inter alia −to himself or herself and/or to a building project, that is false, inaccurate, incomplete, misleading, outdated, in breach of any third-party rights, or without authorisation (where applicable).
  • Shall act honestly, fairly and professionally in his dealings with Professionals, and shall not provide dishonest feedback.

The Professional represents and warrants that he/she:

  • Is a fully licensed general building contractor registered with the Council for the Registration and Control of Contractors.
  • Is compliant with all laws, regulations, and industry standards applicable to him/her, including but not limited to, labor laws, tax laws, social security and insurance requirements.
  • Has all requisite rights and authority to use Projects.cy and does not have incompatible contractual obligations or commitments towards other parties.
  • Shall provide to the Website or to Clients information, data, statements or material relating −inter alia −to his identity, qualifications, certificates, experience, expertise, turnover, that is true, accurate, complete, updated, not in any way misleading or in breach of any third-party rights, or without authorisation (where applicable).
  • Shall provide Projects.cy upon request documentary evidence with respect to his identity, licenses, qualifications, certificates, experience, expertise, turnover and other relevant business information.
  • Shall act honestly, fairly, and professionally in his dealings with Clients, and shall not provide dishonest feedback.

4. INTELLECTUAL PROPERTY

We own all intellectual property rights in and to: (a) the Website and our Services (including the database, design, tools, icons, text, graphics and layout) and the software used therein; and (b) the name, trademark and logo "Projects.cy" and any other name, trademark or logo we may use in relation to our business and/or our Services from time to time. You agree to respect our intellectual property rights and to not use any part thereof without our prior written consent.
Projects.cy grants to Clients and Professionals a non-exclusive, non-transferable, revocable, royalty-free, limited license to use our Website and services exclusively for private and professional purposes restricted to the posting of building projects and inviting tenders (in the case of Clients) and the finding of building projects and submitting tenders (in the case of Professionals).
Clients and Professionals grant to Projects.cy a worldwide, non-exclusive, non-revocable, royalty-free, transferable license to use, reproduce, amend, distribute, prepare derivative works of, display, any uploaded information or content in connection with the Website services.

5. WARRANTIES

We make reasonable efforts and use reasonable skill and care in operating the Website and providing the associated services.
Notwithstanding this, OUR WEBSITE, SERVICES, AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" and Projects.cy does not make any representation or warranty of any kind, whether express, implied, statutory or otherwise, and is expressly disclaiming any and all implied warranties of merchantability, fitness for purpose, quality, accuracy and title.
We provide no warranty that our Website, its services, or any content on it:
  • are or will be always available or uninterrupted (indicatively, unavailability may result from technical problems or maintenance).
  • are or will be complete, error-free, timely, and free from bugs or viruses.
  • will meet your expectations, or that any information, content, or results obtained will be qualitative, accurate, reliable, and useful.
You understand and agree that your use of the Website, its services and of any information or content, is on your own responsibility and at your own risk.
If any applicable law disallows or restricts limitations on implied warranties, then any warranties are limited to the maximum extent permitted by, and for the minimum warranty period allowed by, the mandatory applicable law.

6. INDEMNIFICATION OBLIGATIONS

You will defend, indemnify, and hold us, our employees, and officers, harmless from any and all third-party claims, liability, damages and costs (including legal costs) arising from or related to −
  • your use of the Website and its services in violation of any laws, of these terms and conditions, or of any rights of any person or entity including intellectual property rights, or
  • Information, data, statements, content that you entered or posted on or through the Website or provided to other parties including clients or professionals, or
  • Your conduct, actions, omissions (such as dishonest, harming or abusive behaviour) and (for Professionals) the services you provide.
The present indemnification obligations also apply with respect to loss or damage incurred as a result of a third party’s use of your account, regardless of whether such use is with or without your knowledge and consent.

7. LIMITATION OF LIABILITY

In addition to provisions on the limitation of our liability found elsewhere in the present agreement, the Client and the Professional accept and agree the following:
Projects.cy shall not be liable to you for any type of loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, our Website or Service; or (ii) use of or reliance on any information, data, content displayed on our Website or provided through our Website systems/tools or provided to you directly by a Client or Professional, (iii) use of results generated by the Website, (iv) the providing or receiving of a service in the context of a Client-Professional transaction or contractual agreement.
Indicatively but not exclusively, Projects.cy shall not be liable for:
  1. any loss of profit, sales, or revenue (whether direct or indirect); or
  2. any indirect, economic or consequential loss of any kind (even if apprised of the possibility of any such loss arising); or
  3. loss of business opportunity; or
  4. loss or damage to goodwill or reputation; or
  5. loss or corruption of data; or
  6. loss of anticipated savings; or
  7. any business losses such as lost time or business interruption

8. RIGHTS OF PROJECTS.CY

Clients and Professionals understand and accept that Projects.cy has the following rights:
  1. To reject an account application by a Client or Professional.
  2. To restrict, suspend or terminate a Client’s or Professional’s account and his use of the Website and its services if he fails to comply with any of the terms of the present agreement, or does not act honestly, fairly and professionally, or his conduct is harmful to our interests or our reputation or to the interests of other Users.
  3. To deny posting of information or content on the Website by Clients or Professionals, or to remove, delete or amend such information and content.
  4. To use the company name of the Client or the Professional in the context of Projects.cy promotional activities.
  5. To terminate, suspend, change or revise the Website and its services without warning and make amendments to these Terms and Conditions. For any amendments to the Terms, we shall provide prior written notification.
  6. To use, transmit or distribute the information and content provided by the Clients and Professionals in whatever way it deems appropriate for procuring tenders for Clients’ building projects or sourcing building projects for Professionals.

9. FEES

The Website and its services are free to Clients. Professionals are charged a fee only if they wish to purchase the detailed tender documents (i.e, architectural and structural drawings, quantities bill) of a particular building project they are interested in. The fee is stated on the Website and may change from time to time. Payment is effected using a debit/credit card, through JCC payments processing.

10. DISPUTES

Where a dispute arises between Projects.cy and a Client or between Projects.cy and a Professional, the parties to the dispute agree that they will make reasonable efforts to resolve it amicably and efficiently out of court.
In case of disputes between Clients and Professionals, for instance with respect to the nature of the services provided by the Professional or the payment by the Client, the parties should make reasonable efforts to resolve the dispute amicably and efficiently out of court. Projects.cy is not a party to any contractual agreement between Client and Professional and has no role in mediating between the parties. Clients and Professionals agree to inform Projects.cy of any disputes and their outcome.

11. GENERAL

Termination

Clients and Contractors may terminate and close their account at Projects.cy by writing to us at support@projects.cy. Alternatively, and if available, through a dedicated Website function. An account may also be closed by us on the basis of the provisions in clause 8.2 above.
Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination of these Terms and Conditions shall remain in full force and effect. Termination of these Terms and Conditions shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination.

Confidentiality

Projects.cy, the Clients, and the Professionals agree that they will not disclose confidential Information to any third party or use any confidential information other than in connection with the fulfilment of obligations under these Terms and Conditions.
"Confidential Information" means any information disclosed to the other party, which is either marked as confidential or is disclosed in such a manner that it is reasonable to assume that the party disclosing it, expects the other party to keep it a secret.

Third Party Content

Where our Website contains links to other external websites or resources of third parties, these are provided for your information only and do not under any circumstances constitute approval by us of such sites or their content. You understand and accept that using such links is on your own responsibility.

Electronic Communications

You agree to receive electronically all communications, agreements, and notices that we provide in connection with any of our services, including but not limited to, e-mail, text, Viber/WhatsApp or similar, Website/app.

Assignability

We may transfer and/or assign our rights and/or our obligations under these Terms without your consent, and this will not affect your rights. You may not transfer any of your rights or obligations under these Terms without our prior explicit written consent.

Waiver

The waiver by either party of any breach of any provision of these Terms does not waive any other breach. The failure of any party to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of such party’s right to demand strict compliance in the future.

Severability

If any provision(s) in these Terms are found by any competent court or authority to be illegal, unenforceable, or invalid, such provision(s) shall be severable from the remaining provisions in these Terms which shall remain in full force and effect.

Force Majeure

Neither party shall be liable for any failure to perform any obligations under these Terms to the extent that such failure is caused by a force majeure, including acts of God, riots, war, civil unrest, or other cause beyond reasonable control (which shall not include failure caused by negligence or the financial condition of either party). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as possible.

Governing law

These Terms and Conditions shall be governed by the laws of Cyprus. The Courts of Cyprus have exclusive jurisdiction over any dispute or claim with respect to these Terms.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy, represent the entire agreement between us in relation to the access and use of our Website and services by Clients and Professionals.