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| Digerati Global, Inc. and its auction site www.dgbid.com (“the Company” or “the Site”) are dedicated to serve public’s needs for excess/obsolete IT equipment, hard-to-find components, and electronic test equipments. Hence, the Site does not allow any item that is defined as either illegal or hazardous by any local, state, or federal agency. The Site reserves a right to refuse or remove any item that the Site considers inappropriate at any time. |
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If the Site determines that an item listed violates the Prohibited Items Policy, the item will be removed immediately and the seller of the item will be notified of the violation. Any user violating the Prohibited Items Policy will receive up to two (2) warnings from the Company. Any additional violation will result in loss of membership and the privileges of using the site without any additional notice to the user.
The Site encourages all users to report any violation to the Company immediately. In addition, it is both seller’s and buyer’s best interest to inspect and determine the appropriateness of each item prior to listing to the Site or purchasing from the Site. |
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| The Company prohibits the following items, but not limited to, from being listed: |
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• Any bio-hazardous or toxic material |
| • Any dry or liquid chemical |
| • Any drug, drug-like substance, prescription drugs |
| • Any types of fire arms, knifes, or weapons |
| • Any item in pornographic in nature |
| • Any item that depicts or promotes discriminations in any nature or form |
| • Any electronic surveillance equipment |
| • Any item that rightfully does not belong to you |
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| The Prohibited Items Policy will be updated ongoing basis at the Company’s sole discretion. Hence, it is advisable that the user of the Site visits this page to review the list on regular basis. |
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| DG Tech Inc. and its auction site www.dgbid.com (“the Company” or “the Site”) are dedicated to serve public’s needs for excess/obsolete IT equipment, hard-to-find components, and electronic test equipments. Hence, the Site does not allow any item that is defined as either illegal or hazardous by any local, state, or federal agency. The Site reserves the right in its sole discretion to remove any content for any reason, including but not limited to, your violation of any laws or the terms and conditions of this Acceptable Use Policy. |
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| If the Site determines that an item listed violates the Basic Acceptable Use Policy or Prohibited Items Policy, the item will be removed immediately and the seller of the item will be notified of the violation. Any user violating the Basic Acceptable Use Policy or Prohibited Items Policy will receive up to two (2) warnings from the Company. Any additional violation will result in loss of membership and the privileges of using the site without any additional notice to the user. The Site encourages all users to report any violation to the Company immediately. In addition, it is both seller’s and buyer’s best interest to inspect and determine the appropriateness of each item prior to listing to the Site or purchasing from the Site. |
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| The Basic Acceptable Use Policy below describes certain actions relating to the content and operation of the Site which the Company considers to be inappropriate and thus prohibited. The examples identified in this list are provided as examples only for your guidance. If you are unsure whether any contemplated use or action is permitted, please contact the Company. The Site's right to remove inappropriate content under this Policy shall not place an obligation on the Site to monitor or exert editorial control over the Website. |
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| Actions which the Site considers inappropriate and grounds for removal of offending material or termination of access to the Website include, but are not limited to, the following: |
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• Using the Site to sell any goods or services that are unlawful in the location at which the content is posted or received or the goods or services delivered; |
| • Using the Site to post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable; |
| • Using the Site to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence; |
| • Using the Site to post any content that holds the Site (including its affiliates), employees or shareholders up to public scorn or ridicule or would in any way damage or impair the Site's reputation or goodwill; |
| • Using the Site to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others; |
| • Failing to obtain all required permissions when using the Site to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws; |
| • Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner; |
| • Using the Site in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or |
• Introducing viruses, worms, Trojan horses, or other harmful code on the Internet.
The Site may revise in its sole discretion this Basic Acceptable Use Policy, without prior notice. Any such changes shall be posted by the Site on its Website (www.dgbid.com). You shall be responsible for periodically reviewing the online Basic Acceptable Use Policy to apprise yourself of any changes thereto. You agree to be bound by all such changes. |
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| The Site may revise in its sole discretion this Basic Acceptable Use Policy, without prior notice. Any such changes shall be posted by the Site on its Website (www.dgbid.com). You shall be responsible for periodically reviewing the online Basic Acceptable Use Policy to apprise yourself of any changes thereto. You agree to be bound by all such changes. |
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| THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOU TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE. |
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Introduction
By using the services at Digerati Global, Inc. (“the Company” or “We”) websites – www.dgbid.com or www.digeratiglobal.com – (“the Site” or “the Company’s site”), you are agreeing to the following terms, including those available by hyperlink, (the "Agreement"). If you are connecting to the Site from outside of the United States, you must obey your local and national applicable laws regarding internet commerce.
Before joining as a member of the Company, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and other policies. We strongly recommend that you access and read the linked information as you read the Agreement. These Terms and Conditions constitute the entire agreement between Digerati Global, Inc. and you pertaining to the subject matter of this Agreement.
The Site is not a traditional auction place. It is simply a venue for the public – individual or company – to sell and/or buy items on voluntary basis. Hence, we encourage you to read this Agreement and any other rules associated with the Site.
This Agreement is effective on December 1, 2008 for current users and upon acceptance for new users. However, in our sole discretion, we may modify these Terms and Conditions by posting the revised version on this Site. |
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Restrictions on Use
All pages within this Website and any material made available for user are the property of the Company and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of the Company. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by the Company. |
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Trademark Notice
The logos, trademarks, and service marks of the Company are sole properties of Digerati Global, Inc. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. |
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Using the Site
The Site is open to anyone or any entity that can legally enter binding contracts. The Company has a sole discretion to accept or refuse registration from anyone or any entity. |
| Following activities are not allowed while using the Site: |
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• Violating any laws, 3rd party rights and copy-rights, or the policies of the Company |
| • Listing and/or bidding on any item while being legally minor (under the age of 18) |
| • Listing of illegal and/or hazardous items in any nature |
| • Withholding or failure of delivering payments or items when a valid binding contract is formed |
| • Manipulating either the price or the content of listings |
| • Manipulating bid price to inflate the final bid prices of items |
| • Providing false user feedbacks to harm or undermine other sellers or buyers |
| • Providing false or invalid information during the registration or item listing processes |
| • Soliciting or collecting personal information from other users |
| • Soliciting other users for services or business |
| • Any other activities interfering with normal transactions or activities of the Company |
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Right to Recycle
In addition to the auction service, the Company can provide electronic recycling service for any item that does not get sold through the Site. When your item is not sold at the end of an auction, you have an option to recycle your item. You may not be charged for recycling your unsold item(s). However, you may be charged for other fees, such as logistics fees (transportation, warehousing, etc.), especially if your item(s) are located outside of local pick up area. If you are interested in finding out more about the recycling service, please contact the Company by sending us a message. |
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Liability
By using the Site, you agree not to hold the Company, its employees, directors, officials, or partners responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy any IT equipment, component, or any electronic related item, at anytime, from anywhere. You acknowledge that the actual transaction is between buyers and sellers and does not include the Company. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. |
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| IN NO EVENT SHALL DIGERATI GLOBAL INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF DIGERATI GLOBAL INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF DIGERATI GLOBAL INC. TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO DIGERATI GLOBAL INC. |
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Privacy
We do not sell your information to any 3rd parties for any reason. We do collect your information strictly to improve and better market our services to you. In addition, we use the information you provided to us to verify your identity. If you wish to know more about our policy, please visit our Privacy Policy page. |
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Exceptional Disclosures
| The Company does not intend to disclose its customer information to other 3rd parties. However, the following exceptions may apply: |
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• When the Company is asked by local, state, or federal law enforcement agencies in assisting their civil or criminal investigations. |
| • When the Company is implicated in a lawsuit where one or more parties involved in the litigation request certain client information in preparing their cases. |
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Indemnity
As a user of the Site, you shall indemnify and hold the Company harmless against any and all liabilities, losses, damages, judgments, claims, causes of action, and costs (including attorney fees and disbursements) which the Company may hereafter incur, suffer, or be required to pay, defend, settle (subject to any limitations set forth in this Agreement), or satisfy as a result of your use of the Service. To qualify for such defense and payment, the Company must: (1) provide you with prompt written notice of a potential third party claim; and (2) allow you to control, and fully cooperate with you in, the defense and all related negotiations. |
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No Agency Relationship
Even if you use the Site to sell or buy items, it does not explicitly or implicitly create an agency, partnership, or relationship of any kind whatsoever between you and the Company. Even if you request the Company to list and sell your items on your behalf, this policy may limit the Company’s responsibilities. |
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Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
DIGERATI GLOBAL, INC., ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although the Company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform the Company so that it can be corrected. Information contained on the Site may be changed or updated without notice. |
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Prohibited Items
The Company does not allow any item that is defined as either illegal or hazardous by any local, state, or federal agency, such as bio-hazard or toxic waste or chemicals. The Company reserves a right to refuse or remove any item that the Company considers inappropriate at any time.
The Company will actively monitor and remove any listing that violates the Prohibited Items Policy. However, it is both seller’s and buyer’s best interest to inspect and determine the appropriateness of each item listed in the Site. Please review the Prohibited Items Policy for further information. |
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Cancellation of Item Listing
Once an item is listed at the Site, the seller of the item is responsible for the content of the listing and the condition of the item until the auction is closed and the transfer of the item to buyer is completed. However, if the seller wishes to cancel his or her listing, he or she may do so as long as no bid has been made for the item. Once a buyer makes a bid for the item, the Company does not allow the seller to cancel or withdraw his or her listing.
When the seller does decide to cancel his or her listing, the seller will be still charged a cancelation fee as indicated in the Fee Schedule. Please review the Fee Schedule for further information. |
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Receiving and distribution of payment
When item(s) are sold via DGBid.com, the Company will collect payment(s) from all winning buyer(s) and hold the payment(s). The Company will release the payment(s), less any incurred fee(s), to the respective seller(s) once the company receives feedback(s) from the buyer(s) OR after ten (10) business day, unless otherwise specified, of shipping the item(s) to the buyer(s) regardless of any feedback from the buyer(s). The “waiting” period of ten (10) business days, unless otherwise specified, has been set up to accommodate and resolve any buyer dispute(s).
However, when a buyer files a dispute on the item(s) he or she has won within the time period specified above, the Company will not release money to a seller until the dispute is settled by all parties involved. Once the dispute is resolve, however, it is the responsibility of BOTH the buyer AND the seller to notify the Company of the resolution of the dispute so that the Company can release the payment or remove any restrictions imposed on the accounts. |
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Payment Types
The Company accepts the following payment types: |
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• PayPal |
| • Bank wire transfer |
| • Money order & Cashier’s check |
| • Company check (credit verification required) |
| • Cash (local pick up only) |
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Delivery of item
The seller of an item will typically ship the item to the buyer at an additional charge. Detailed delivery information will be available on the item listing. However, when the seller requests the Company and the Company agrees to handle the delivery of the item on his or her behalf, the Company will arrange the shipment of the item to the buyer and will charge the seller a fee for this service. Please contact the Company for further information. |
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Taxes
The Company will collect and remit any local, state (specifically California), federal, or any other sales taxes from sales of items from buyer. Tax will be calculated based on the ZIP code of the buyer’s shipping address and included in the final price. |
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Billing Policy
Once an auction closes successfully with a winning bid, the Company will deduct any fee(s) based on the Fee Schedule from the payment and distribute the remaining balance to the seller according to the schedule specified in the Receiving and distribution of payment section of this Agreement.
However, the seller cancels or withdraws his or her listing prior to getting any bid, the Company will charge the seller appropriate listing fees based on the Fee Schedule. When the Company charges any fee, the fee must be paid immediately to the Company. If you have any questions, please contact the Company by sending us a message. |
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Dispute Resolution
As a user of the Site, you are entitled to file a dispute with the Company if you are unhappy with the Company's service. When you do file a dispute with the Company, we request that you provide a detailed description of the “problem” to us. We will do our best to resolve the dispute. If you have any questions, please contact the Company by sending us a message.
When a dispute rises between a buyer and a seller, it is parties' responsibilities to resolve the dispute on their own effort. If you cannot resolve the dispute within 72 hours, you may provide the Company with the detail explanation and we will attempt to contact the other party and try to resolve your dispute. Although we will try to resolve the dispute as fairly as possible to all parties involved, we cannot guarantee that we can resolve the dispute. The duty and responsibility to resolve the dispute will continue to remain with the parties involved in the dispute.
As long as a dispute remains open between a buyer and a seller, the Company will not release any payment from the buyer to the seller until the dispute is resolved (See the Receiving and distribution of payment section of this Agreement). |
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Choice of Law and Venue
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Alameda in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. |
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Links to Additional Information
Here are links to the Company’s other important documents. The Company strongly encourages all users of the Site to read these documents since they contain information that may not be listed in this User. |
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| Agreement |
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• Fee Schedule |
| • Prohibited Items Policy |
| • Privacy Policy |
| • Basic Acceptable Use Policy |
| • FAQs |
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General Information
To contact the Company please send a message.
We have a reserved right to amend this Agreement and/or any other general Rules by updating the terms at this site at any time without notifying you in advance. If we amend the Fee Schedule policy, we will inform you at least 15 days in advance prior to putting the new fee structure in effect. |
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| You can have DGBid.com list and sell your item(s) without getting the DG Bid membership. However, you must register with DG Bid. Registration is free to anyone or any company that can legally sell his/her item(s) online. Seller of item(s) will be charged fee(s) based on closing price of an item. If you cancel your item(s) before receiving any bid, you will be charged cancellation fee(s). If your item is successfully sold with a winning bid, only the total closing fee will be charge. Please review the fee chart prior to listing your item(s). By listing your item(s) at www.dgbid.com, you are explicitly agreeing to pay the fee(s) specified in the Fee chart. If you have any further questions, please contact us by sending us a message. |
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| * Fee Chart * |
| Price Range |
Cancellation Fee
(Based on listing price) |
Total Closing Fee
(Based on closing price) |
| ~ $25.00 |
5 % |
7.90% |
| $25.01 ~ $50 |
4% |
5.9% + $0.50 |
| $50.01 ~ $1,000 |
2.5% |
2.9% + $2.00 |
| $1001.01 ~ $4,000 |
1% |
1.5% +$16.00 |
| $4,000.01 ~ |
0.8% |
1.00% + $36.00 |
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