Terms of Service

1. Who we are and what DirtBidder does

DirtBidder LLC ("DirtBidder," "we," "us") runs the website dirtbidder.com (the "Service"). The Service lets people who need earthwork done ("Clients") post jobs and lets equipment operators and contractors ("Operators") bid on them.

DirtBidder is a marketplace, not a contractor. We don't perform, supervise, direct or guarantee any work. We don't employ Operators, and Operators are not our agents. When a Client accepts a bid, the agreement for the work is between the Client and the Operator. Our role is to host the listing, carry the bids, hold payment in escrow through our payment processor, and decide disputes about escrowed funds as described below.

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Service.

2. Accounts

• You must be at least 18 and able to form a binding contract. If you sign up for a business, you confirm you're authorized to bind it.
• Give accurate information and keep it current. You're responsible for everything done under your account, so keep your password private.
• One person or business per account. Don't create accounts to get around a suspension or to review yourself.

3. Posting jobs

• Describe the job honestly, including the site, the scope, access, known hazards, and anything a reasonable Operator would need to price the work.
• You must own the property or have the owner's permission for the work.
• The exact site address you enter is kept private. It's shared with the Operator you hire and pay, and with any Operator you choose to share it with before hiring so they can look at the site. Other bidders see only the general location.

4. Bidding

• Bids are sealed. Operators can't see each other's amounts.
• A bid is an offer to do the described work for the stated price. When a Client accepts a bid and pays into escrow, the Client and the Operator have an agreement for that work at that price, on the terms in the job post and the bid.
• Clients aren't required to accept any bid, including the lowest.
• Changes to scope or price after hiring must be agreed by both sides. The escrowed amount covers only the accepted bid.

5. Operator responsibilities

• You are an independent business. You decide how to do the work and supply your own equipment, labor, fuel and materials unless the job says otherwise.
• You're responsible for any licenses, registrations and insurance required where you work, and for carrying adequate liability coverage.
• Before digging, you're responsible for utility locates (call 811) and for any permits the work requires, unless you and the Client agree in writing that the Client will handle them.
• You're responsible for safe operation, for your crew, and for complying with safety, environmental and erosion-control rules.
• You're responsible for your own taxes. Payouts are made through Stripe, which may collect tax information from you.

6. Client responsibilities

• Give the Operator safe, legal access to the site at the agreed times.
• Tell the Operator about anything you know of that affects the work, such as buried lines, septic systems, drain tile, wells, property lines and easements.
• Review the work promptly when the Operator marks it complete, and release payment or report a problem in good faith.

7. Fees

Posting a job and bidding are free. When a job is paid, DirtBidder charges a service fee to both the Client and the Operator. The fee is calculated in brackets, like income tax brackets, so larger jobs pay a lower overall rate:

The Client's fee is added at checkout. The Operator's fee is subtracted from the payout. Both are shown before anyone pays. We may change fees for future jobs with notice. Changes never apply to a job that's already been paid into escrow.

8. Payment and escrow

• Payments are processed by Stripe, Inc. By paying or receiving payouts you also agree to Stripe's terms. DirtBidder never sees or stores your full card or bank numbers.
• When a Client hires an Operator, the Client pays the bid amount plus the Client fee. That money is held, and not paid to the Operator, until it's released as described in section 9 or decided as described in section 10.
• Escrowed money earns no interest for either party.
• Operators must set up a Stripe payout account to be paid. If an Operator hasn't finished setup when money is released, we hold their payout until they do.

9. Completion and release

• When the work is done, the Operator marks the job complete.
• The Client then has 72 hours to either release the payment or report a problem.
• If the Client does neither within 72 hours, the payment is released to the Operator automatically.
• Once payment is released, the Operator's payout (the bid amount minus the Operator fee) is sent to their bank through Stripe. A released payment can't be reversed through DirtBidder.

10. Disputes

• A Client can report a problem before payment is released. The payment is then frozen.
• Both sides can explain their position and submit photos. DirtBidder reviews what's submitted and decides how the escrowed money is handled. We can pay the Operator in full, refund the Client in full, or split the amount.
• Our decision covers only the escrowed money. It isn't a legal ruling. Either party keeps any rights they have against the other under the law, such as small-claims court, for anything beyond it.
• If the money is split, the Operator fee is recalculated on the amount the Operator actually receives.

11. Cancellations and refunds

• A Client can close a job at no cost any time before hiring.
• After payment, if both sides agree to cancel before work starts, contact us and we'll refund the Client, including the Client fee.
• If work has started and the parties don't agree, it's handled as a dispute under section 10.

12. Staying on the platform

If you meet someone through DirtBidder, don't arrange to pay for that job outside DirtBidder to avoid the fee. Payments made outside DirtBidder aren't protected by escrow or our dispute process. We may suspend accounts that repeatedly steer jobs off the platform.

Messages sent through DirtBidder are between the Client and the Operator, but they aren't private from DirtBidder. We can review messages, bids and job posts to settle disputes, enforce these Terms and prevent fraud.

13. Reviews and badges

• Clients can rate an Operator after a paid job. Reviews must be honest and about the actual job.
• Don't offer anything in exchange for a review, and don't threaten a bad one to get a discount.
• Badges are awarded automatically based on completed jobs, ratings and dispute history. They can't be bought.
• We may remove reviews that are fake, abusive, off-topic, or reveal private information.

14. Prohibited conduct

Don't use the Service to break the law, commit fraud, post false jobs or bids, harass anyone, collect other users' personal information, upload malicious code, interfere with the Service, or scrape or copy it. We may remove content and suspend or close accounts that violate these Terms.

15. Disclaimers

The Service is provided "as is." We don't verify every user, license or insurance policy, and we don't guarantee the quality, safety, legality or timeliness of any work, or that any job or bid is accurate. Badges and reviews reflect activity on DirtBidder and aren't an endorsement. To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

16. Limits of liability

To the fullest extent the law allows, DirtBidder isn't liable for property damage, personal injury, lost profits, or indirect or consequential damages arising from any job or from dealings between users. Our total liability for any claim related to the Service is limited to the greater of (a) the DirtBidder fees you paid on the job the claim relates to, or (b) $100. Some places don't allow these limits, so they may not apply to you.

17. Indemnity

You agree to defend and hold harmless DirtBidder LLC and its owner from claims, losses and costs, including reasonable attorneys' fees, arising from your jobs, your work, your content or your violation of these Terms or the law.

18. Ending your account

You can stop using the Service at any time. To close your account, email us. We may suspend or close accounts that violate these Terms. Money already in escrow is still handled under sections 9 and 10.

19. Governing law

These Terms are governed by the laws of the State of Iowa. Any lawsuit between you and DirtBidder will be brought in the state or federal courts located in Iowa, except that either party may bring a claim in small-claims court where it qualifies.

20. Changes and contact

We may update these Terms. If we make a material change, we'll post the new version here with a new date and, for significant changes, notify you by email. If you keep using the Service after a change, that means you accept it.

Questions: support@dirtbidder.com · DirtBidder LLC, Gilmore City, Iowa.