Billd's Terms & Conditions

By submitting an application to Billd, you agree to the below terms and conditions, as updated from time to time. Please also refer to certain Program Defined Terms used below and those which have been incorporated into your agreement(s) with Billd Exchange. Submission of an application and use of the Billd Portal, the Billd Integration, the other Billd Systems, and/or our website is also subject to our Terms of Use and Privacy Policy, which are available on our website and incorporated by reference herein.

Billd Systems Access and Purchase Requests

We or a Third Party Provider may issue you Access Devices (i.e., Account number(s), User ID(s), Purchase ID(s), Project ID(s), passwords, and other credentials and mechanisms) that your Administrator and your Users may use to access your account using the Billd Systems, subject to these terms and other applicable terms. Before your account can be used for a Purchase, you must have requested a Purchase in one of the Billd Systems and executed a master agreement corresponding to the product for which the Purchase is requested. Thereafter, if you have received all Approved Submittals, then your Administrator or applicable User will need to log on to the Billd Portal, the Billd Integration, or other Billd System and make a Purchase Request for the specific Purchase that you want us to consider for approval. We will review your Purchase Request and any other information we may need to review relating to the request and we will inform you whether your Purchase has been approved. Without limiting the generality of the foregoing sentence, such notifications may be made by updating the status associated with the Purchase Request within the Billd Portal, the Billd Integration, or other corresponding Billd System. Billd makes no promise or guarantee that any Purchase Request will be approved. We will make a variety of account-related functions available on the Billd Portal, the Billd Integrations, the other Billd Systems, and/or on our website, including allowing your Administrator and Users to:

1. submit Purchase Requests;
2. appoint additional Users that may access the Billd Portal, the Billd Integrations, the other Billd Systems, and/or our website and use Access Devices; and/or
3. access account information and complete various Purchases with respect to your account.

We may accept as authentic any instructions given to us through any of the Billd Systems or by using an Access Device assigned to any of your Administrator or Users. We are entitled to treat any Person using your Access Devices or otherwise submitting a Purchase Request through the Billd Systems as authorized to act on your behalf, including but not limited to any Person that you or your Administrators or Users allow to access any Access Device or to submit any Purchase Request through any of the Billd Systems. We may monitor and record all communications and activity related to your account in the Billd Systems and on our website, and we may require additional information and/or verification of all Purchase Requests (for example, we may require written or other verification, including from third parties, before we approve a Purchase Request). Our records will be final and conclusive in all respects concerning whether (i) your Access Devices were used in connection with a particular Purchase Request, and (ii) you caused a Purchase Request to be submitted and/or authorized the Purchase through any of the Billd Systems. By submitting information to Billd, through any of the Billd Systems or otherwise, you are representing and warranting to Billd that such information is true, correct, accurate, and complete in all respects, and that all documents obtained from third parties have been submitted in their original form, without modification by you or at your direction. Billd reserves the right to report any false, misleading, fraudulent, or other suspicious activity to the appropriate authorities.

Unauthorized Use of Your Account

You agree that you shall be responsible for all of your Access Devices and the Billd Systems, for preventing unauthorized use of and access to your account and for assuring the security of your own computer systems. You are responsible for any losses we suffer arising out of any unauthorized access or use of your Access Devices, the Billd Portal, the Billd Integrations, the other Billd Systems, and/or our website. You agree to take immediate action if you have reason to suspect that: (a) any unauthorized use of or access to your account, your Access Devices, or any of the Billd Systems has occurred; or (b) any unauthorized Person has accessed your computer systems. Your immediate action should include (but is not necessarily limited to) notifying us and having your Administrator terminate access rights to all potentially affected Access Devices and/or Billd Systems. Your Administrator is responsible for taking all steps necessary to discontinue Access Device and Billd Systems access rights when necessary. You agree that any use of your account, Access Devices, and/or of any of the Billd Systems by any of your personnel or by any other Person that you or your personnel permit to access the account, such Access Devices, and/or any of the Billd Systems may be considered by us to be authorized. You agree to fully cooperate with our investigation of any alleged unauthorized use. If any unauthorized use of your Access Devices or any of the Billd Systems occurs, you agree to (x) cooperate with us and law enforcement authorities in identifying and prosecuting the perpetrator, and (y) provide the reasonable assistance we request in recovering any losses. We shall not be responsible under any circumstances for any losses that you may incur as a result of any use of or access to your account, your Access Devices, and/or any Billd Systems. Except as otherwise expressly limited by applicable law, you are liable for all use of your account, your Access Devices, and/or any Billd Systems, whether authorized or unauthorized.

Contacting You and Other Associated Persons

We may contact you and/or any other owner, officer, director, manager, employee, contractor, representative, agent or other Associated Person from time to time in any manner not prohibited by law. For example, we may:

1. make contact by mail, telephone, email, fax, recorded message, text message, social media, or personal visit;
2. use an automated dialing or similar device;
3. make contact at home, at work and/or on mobile phones;
4. make contact at any time, including weekends and holidays, and with any frequency;
5. leave pre-recorded and other messages on answering machines/services and with others; and/or
6. identify ourselves and our relationship with you and others even if others might hear or read it.

Our contacts shall not be considered unsolicited. We may monitor and record all communications we have with you and/or any other owner, officer, director, manager, employee, contractor, representative, agent, or other Associated Person. Unless prohibited by law, we may modify or suppress caller ID and similar services and identify ourself on these services in any manner we choose. You also agree that we may make contact via notice provided on our Website, in the Billd Portal, in any Billd Integration, or in any of the other Billd Systems.

Information Provided and Communications with Others

You agree to promptly provide us with financial statements, bank statements, tax returns and/or other documents or information that we may request from you in connection with our underwriting, establishing, maintaining, servicing and collecting on your account, or which a Third Party Provider may use in connection with providing Third Party Services to you. We may also make inquiries of third parties in connection with establishing, maintaining and collecting on your account. You acknowledge and agree that we may request and/or receive from a Third Party Provider any information or data on you that such Third Party Provider may have and we may use such information and data in establishing, maintaining and collecting on your account, as well as marketing and providing other services to you.

Third-Party Providers and Services

We may provide access to Third Party Services through our website, the Billd Portal, the Billd Integrations, or other Billd Systems, and you may have access to Billd’s products and services through a Billd Integration and/or a Third Party Provider’s website. We have no control or influence over such Third Party Providers or Third Party Services and make no representation or warranty of any kind, express or implied, as to the quality, effectiveness or suitability of such Third Party Providers or Third Party Services. In the event there is a conflict between the terms and conditions applicable to Billd’s products and services, on the one hand, and the terms and conditions of any Third Party Service, on the other hand, Billd’s terms and conditions shall govern and control. We are not responsible for the contents of any Third Party Provider’s websites or Third Party Services. You agree that we will not be liable to you or anyone else for any acts or omissions of such Third Party Providers or any issues, problems, data breaches, errors, damages, losses, interruptions, delays, failures or deficiencies of any such Third Party Services.