Billd's Terms & Conditions
Last Modified: November 30, 2021
Billd Portal Access and Purchase Requests
Following submission of your application, we may issue you Access Devices (i.e., Account number(s), User ID(s) and passwords) that your Administrator and your Users may use to access your Account using the Billd Portal, subject to these terms and other applicable terms.
Before your Account can be used for a Purchase, you must have requested a Purchase in the Billd Portal and executed the Master Contractor Agreement provided by Billd. Thereafter, if you have received all Approved Submittals, then your Administrator or applicable User will need to log-on to the Billd Portal 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. Billd makes no promise or guarantee that any request will be approved.
We will make a variety of account-related functions available on the Billd Portal and/or our Website, including allowing your Administrator and Users to:
- (i) submit Purchase Requests;
- (ii) appoint additional Users that may access the Billd Portal and/or our Website and use Access Devices; and
- (iii) access Account information and complete various Purchases with respect to your Account.
We may accept as authentic any instructions given to us using an Access Device assigned to any of your Administrator or Users. We are entitled to treat any Person using your Access Devices as authorized to act on your behalf, including but not limited to any Person that your Administrators or Users allow to access any Access Device.
We may monitor and/or record all communications and activity related to your Account in the Billd Portal and/or 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 before we approve a Purchase Request). Our records will be final and conclusive in all questions concerning whether or not your Access Device(s) were used in connection with a particular Purchase.
Unauthorized Use of Your Account
You agree that you shall be responsible for all of your Access Devices, 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 to the Billd Portal, our Website and any other Billd Systems using your Access Devices.
You agree to take immediate action if you have reason to suspect that: (a) any unauthorized use of or access to your Account or Access Device(s) 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 Device(s). Your Administrator is responsible for taking all steps necessary to discontinue Access Device and system access rights when necessary. Access rights should not be considered discontinued unless your Administrator receives an email or other written communication from us confirming the discontinuation. You agree that any use of your Account or Access Device(s) by any of your personnel or by any other Person that you or your personnel permit to access the Account or any Access Device 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 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 or Access Devices. Except as otherwise expressly limited by applicable law, you are liable for all use of your Account and/or Access Device(s), 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 or other associated person from time to time in any manner not prohibited by law. For example, we may:
- (i) make contact by mail, telephone, email, fax, recorded message, text message or personal visit;
- (ii) use an automated dialing or similar device;
- (iii) make contact at home, at work and/or on mobile phones;
- (iv) make contact at any time, including weekends and holidays, and with any frequency;
- (v) leave pre-recorded and other messages on answering machines/services and with others; and
- (vi) 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 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 and/or in the Billd Portal.
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. We may also make inquiries of third parties in connection with establishing, maintaining and collecting on your Account.