Agent Registration Step 1 - The online metals marketplace

Agent Registration Profile

	Business Name:
	Salutation:	*
	First Name:	*	Last Name:*
	Date of Birth:	*
	Address 1:	*
	Address 2:
	City:	*	State:
	ZIP Code:
	Country:	*

	Email 1:	*	Email 2:
	Phone 1:	*	Phone 2:
	Cell Phone 1:	*	Cell Phone 2:
	Fax:		Website:

Sorry! Password Cann't be changed
	User Name:	*
	Password	*	Confirm Password: *

Your Bank Account Details (to be used by MetalBids.com and Noblet Limited to transfer your commissions)
	Bank Name:	*
	Branch Name:	*
	City:	*	Country: *
	Account Title:	*
	Account Number:	*
	Bank Sort Code:		Bank SWIFT Code: *
	Bank IBAN:		PayPal Id:

Your Business or Personal Information
Please enter the information for your business (if any) or your personal details. Some fields are mandatory and are marked with a '*'. All other fields are optional.

Please enter your complete Street Address. Use both lines for the complete address if required.

You can enter (2) full email addresses which MetalBids will use to correspond with you. These email addresses will not be given out to third parties or other users of the MetalBids website, without your prior consent.

We may use your Phone and Fax Numbers to contact you from time to time, to alert you of transactions that need your immediate attention.

If your company has a website, please enter the website address here (for example: www.businessname.com)

User Names and Passwords
Please enter a User Name and Password that you will use on this site.

User Agreement & Privacy Policy

User Agreement

THIS AGREEMENT DESCRIBES THE TERMS ON WHICH YOU ARE GIVEN ACCESS TO OUR SERVICES THROUGH THE DOMAIN METALBIDS.COM

This is an agreement between the user and Noblet Limited, referred to as the "User Agreement" for the services offered through the site MetalBids.com (an online service by Noblet Limited). This Agreement describes the terms and conditions applicable to your use of our services available under the domain www.MetalBids.com (the "Site"). By using this site, you legally agree to the terms of the agreement with Noblet Limited. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. 
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of MetalBids.com. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a MetalBids.com user. Please note: that by becoming a member at this site, you have legally entered into an agreement with Noblet Limited. Furthermore, any underlined words and phrases in this 'User Agreement' are links to pages and websites. By accepting this User Agreement, you agree that your use of the MetalBids.com website will be governed by the User Agreement, Privacy Policy, Fee Protection Agreement (FPA) and Non Circumvent Non Disclosure (NCND) posted on the website. 
Any amendments to this Agreement at any time will be posted on the website with the amended terms clearly specified. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you in accordance with your Notification Preferences. This Agreement may not be otherwise amended except in writing signed by you and Noblet Limited. This Agreement is effective upon acceptance of registration for all registering users.

1. 	Membership Eligibility:
	Our services are available only to registered user individuals and organizations who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended MetalBids.com members. If you do not qualify, please do not use our Site. Further, your MetalBids.com account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

2. 	Fees and Services:
	2.1	Joining, searching, posting and bidding on items at MetalBids.com is free. We do not charge fees for registration or for listing items for sale or purchase through our Site, except in cases where a Store Front is opened. 2.2	There is, however, a charge/fee to the Seller, for all successful sales that mature through the use of our site and when you list/post an item as a Seller, you have an opportunity to review and accept the fees that you will be charged, which is fixed at 3% of the transaction amount.

The fees grid is as follows:

MetalBids Final Transaction Fees on Sellers Account
	Items posted	No fee
	Items not sold	No Fee
	Items sold valued at any amount 3% of the closing value

2.3	Fee Payments to Noblet Limited:
		2.3.1	The above fees and charges are on all Sales that mature and are on the Sellers account.
				These fees are charged to the Seller but paid by the Buyer. Noblet Limited must be paid by the Buyer directly by deducting the amounts accrued to Noblet Limited from the Seller's total payment, for each and every payment made to the Seller.
		2.3.2	Our fees are always on the entire transaction, therefore, our fee payment will span the entire contracted period and value. Payments are required to be made to us, as and when payments are made to the Seller.
		2.3.3	In all cases where Buyers pay Sellers through any form of Letter of Credits (LC's), the following clause must be added into the LC: 
				'An aggregate 3% commission is to be paid on this transaction to M/s. Noblet Limited at its HSBC Bank Account. A/c details are as follows:'

3.	All fees payable to Noblet Limited must be paid by the Buyer through any of the following means: direct wire transfer, certified cheque, PayPal and/or through a clause in the Letter of Credit issued to the Seller, to our designated bank account, simultaneously when the Buyer pays the Seller for the items purchased through the MetalBids.com website. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars or as a percentage of the Transaction Value. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

4.	Right of Refusal of Auction Sale
	Seller has the Right of Refusal in any Reserve Price auction where the High Bid for that Auction 	Item does not meet or exceed the agreed upon Reserve Price, pursuant to the User Agreement. 	Seller also has the Right of Refusal in a Fixed Price or Flexible Price sale, if the listed prices are 	not met.

5. 	MetalBids.com is a Venue:
	MetalBids.com is not a buyer, seller, trader or an Auctioneer. The Site acts as a venue to allow anyone to offer, sell and/or buy any type of metal, including but not limited to, ferrous, non-ferrous, scrap and mining products, at anytime, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, quantity or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, 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 British Law and the ICC, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

6. 	Identity Verification:
	We use several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, MetalBids.com cannot and does not confirm each user's purported identity. Thus, we encourage user-initiated feedback to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on the Site. You may also wish to consider using a third party escrow service or services that provide additional user verification.

7.	Release:
	Because we are a venue, in the event that you have a dispute with one or more users, you release MetalBids.com and its owning company Noblet Limited (and our officers, directors, agents, subsidiaries, joint ventures, partners, associates and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

8.	Information Control:
	We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and Noblet Limited (through its website MetalBids.com or otherwise) is not responsible for the acts or omissions of users on the Site.

9.	Buying:
	As a buyer, you are obligated to complete the transaction in all fairness with the seller. You are bound to be able to pay the highest amount you have bid for any item and the entire process of bidding or making a financial offer through any of the price mechanisms available on the metalbids website, is considered entering into a contract with the seller, provided the Seller notifies you that your bid or offer has been accepted. Also, it will be the responsibility of the buyer, on successful completion of the transaction, to deduct the fees payable to Noblet Limited from the final payment to the seller and deposit the said amount in Noblet Limited's designated bank account.

10.	Listing and Selling:

10.1 	Listing Description.
			You must be legally able to sell the item(s) you list for sale on the Site. You must describe 	your item and all terms of sale on the listing page of the Site. Your listings may only 	include text descriptions, graphics, pictures and other content relevant to the sale of that 	item. All listed items must be listed in an appropriate category.

10.2 	Binding Bids. 
			If you receive at least one bid at or above your stated minimum price (or in the case of 	reserve auctions, at or above the reserve price), you are obligated as the seller to 	complete the transaction with any one of the bidder(s) above your reserve price or stated 	minimum price upon the auction's completion, unless there is an exceptional 	circumstance, such as: all the buyer(s) that meet the above mentioned criteria fail to 	meet the terms of your listing (such as payment method, performance bond, etc).

10.3 	Fraud.
		Without limiting any other remedies, MetalBids.com may suspend or terminate your 	account if we suspect that you (by conviction, settlement, insurance or escrow 	investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

11.		Your Information: 
		11.1	Definition.
				"Your Information" is defined as any information you provide to us or other users in the 	registration, bidding or listing process or through any email or other feature on or on behalf 	of the website. You are solely responsible for Your Information, and we act as a passive 	conduit for your online distribution and publication of Your Information.

11.2 	Restricted Activities. 
				Your Information (or any items listed) and your activities on the Site shall not: (a) be false, 	inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen 	items; (c) infringe any third party's copyright, patent, trademark, trade secret or other 	proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or 	regulation (including, but not limited to, those governing export control, consumer 	protection, unfair competition, antidiscrimination or false advertising); (e) create liability for 	us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and 	(f) link directly or indirectly to or include descriptions of goods or services that: (aa) are 	prohibited under this Agreement; (bb) are identical to other items you have up for auction 	but are priced lower than your item's reserve or minimum bid amount; (cc) are 	concurrently listed for sale on a web site other than MetalBids.com (this does not prevent				k				linking to or advertising a MetalBids.com item from another web site); or (dd) you do not 	have a right to link to or include. Furthermore, you may not list any item on the Site (or 	consummate any transaction that was initiated using our service) that, by paying to us the 	final value fee, could cause us to violate any applicable law, statute, ordinance or 	regulation.

11.3 	License. 
				Solely to enable MetalBids.com to use the information you supply us with, so that we are 	not violating any rights you might have in that information, you agree to grant us a non-	exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple 	tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you 	have in Your Information, in any media now known or not currently known, with respect to 	Your Information. MetalBids.com will only use Your Information in accordance with our 	Privacy Policy.

12. 	Access and Interference:
		The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to MetalBids.com by our users or third parties. You agree that you will not use any automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Noblet Limited and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

13.		Breach:
		Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

14.		Privacy:
		We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States and the United Kingdom that are protected by physical as well as technological security devices. Our current Privacy Policy is available at http://www.MetalBids.com.com/help/policies/privacy-policy.html. If you object to your Information being transferred or used in this way please do not use our services.

15.		No Warranty:
		WE, OUR PRINCIPALS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

16.		Liability Limit: 
		IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). 
		OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE FORFEITURE OF THE FEE PAYABLE TO US IN THE DISPIUTED TRANSACTION. THIS FORFEITURE IS APPLICABLE ONLY ON THE FEE PAYABLE TO US RELEVANT TO THE DISPUTE, AND NOT ON THE ENTIRE FEE PAYABLE TO US FOR THE LIFE OF THE TRANSACTION THAT MAY BE CARRIED OUT.

17.		Indemnity:
		You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any party concerned or third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a party or third party.

18.		Legal Compliance:
		You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding, selling or buying on, listing, purchase, solicitation of offers to purchase, and sale of items.

19.		No Agency: 
		You and Noblet Limited (through MetalBids.com) are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

20.		Notices: 
		Except as explicitly stated otherwise, any notices shall be given by postal mail to Noblet Limited Suite 2, 137 Churchfield Road, Acton, London W3 6AH, United Kingdom (in the case of Noblet Limited or MetalBids.com) or to the email address you provide to MetalBids.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to MetalBids.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

21.		Resolution of Disputes:
		In the event a dispute arises between you and MetalBids.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Noblet Limited agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
 
21. 	Disputes:
		Noblet Limited , its agent, directors, partners, associates and the metalbids.com website will not be involved in any disputes between a Buyer and a Seller and will request that both attempt to work together to resolve any dispute.

22.		General:
		This agreement will be governed in all respects by the laws of the UK. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by a number of reasons beyond our control. If any provision of this Agreement is found to be invalid or not enforceable, such provision will be struck and the remaining provisions will be enforced. Headings are for reference only and in no way describe, limit, construe or describe the extent or scope of such section. Our failure to act on any breach by you or others does not waive our right to act against subsequent or similar breaches in future. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matters hereof: Section 2 (Fees and Services) with respect to fees owed to us; 3.3 (Release); 6.3 (License); 7 (Access and Interference); 11 (Liability Limit); 12 (Indemnify) and 16 (Resolution of Disputes) shall survive any termination or expiration of this
		Agreement.

23.		Disclosures:
		The services hereunder are offered by Noblet Limited located at Noblet Limited Suite 2, 137 Churchfield Road, Acton, London W3 6AH, United Kingdom, through our website MetalBids.com hosted on our servers or servers of third parties contracted by us, located in the USA, UK or any other country that we may decide from time to time.  Fees for our services are described in Section 2 of this Agreement.

24.		Disputes between you and MetalBids.com regarding our services may be reported to Customer Support of Noblet Limited at info@metalbids.com or by fax at +44 (0) 208-181-6671.

25.		We encourage you to report all user-to-user disputes to your local law enforcement or a certified mediation or arbitration entity.

26. 	This User Agreement hereby concludes and by using the services offered by Noblet Limited through the website www.MetalBids.com you agree to all clauses of this agreement.

Fee Protection Agreement (FPA) & NCND

Irrevocable Fee Protection and Non Circumvent Non Disclosure Agreement

This Irrevocable Fee Protection and Non Circumvent Non Disclosure Agreement is entered into on the Effective Date of Registration on the MetalBids.com website, by and between Noblet Limited ("the Service Provider") and you ("the User").

1.	User: The User or its appointed agent is hereby authorized to conduct a buying and/or selling transaction as per the other User(s) specifications or industry standard specifications on an exclusive basis, this agreement being specific, and limited to, such quantity and quality as detailed above.

2.	This Fee Agreement shall remain effective until payment in full of all commissions to Noblet Limited for all sales that successfully mature through the metalbids.com website.

The fee to be paid to Noblet Limited will be 3% of the entire transaction value.

This amount is independent of any and all costs related to making the product(s) marketable (including but not limited to cutting, cleaning in accordance with international standards, loading, any transportation by land or sea or air, inspection by international agencies or equivalent, etc), taxes, liabilities, liens, etc due on the seller at any given point during the course of this Agreement. Furthermore, the Agent reserves the right to ensure this Fee Protection with a third party payment clause in the contract and the Letter of Credit (LC) or LC's opened between the Buyer(s) or their Agent(s) and the Seller or their authorized representative(s).

3.	This Fee Agreement supersedes all prior agreements and understandings between the parties herein, it may not be modified, changed or altered by any of the parties without a further written contract signed by both parties.

4. 	The term of this Fee Protection Agreement is specific to each and every deal finalized, contracted, sourced, concluded and/or materialized through the metalbids.com website, for a period of 5 years from the date of a particular transaction at which time any and all contractual agreements between the parties shall cease.

5. 	All beneficiaries of any and all payment made via this transaction are solely responsible for their legal fees due to any and all payment(s) of taxes, expenses related to sale/purchase of the transacted commodities, broker fees, fines or legal fees due to any and all legal governments or other entities so required by law and covered by this agreement.

6. 	The users of the metalbids.com website, hereby irrevocably agree and accept for their agents, brokers, principles and other related parties to maintain confidentiality, not to disclose, to protect and preserve information relating to the current transaction(s), pending or future transaction(s), including but not limited to, investor names and information, payment of fees, commissions or any form of payment.

7. 	The users of the metalbids.com website, further agree to not circumvent, avoid or bypass Noblet Limited or the metalbids.com website, directly or indirectly in any way with regard to dealings, buying and/or selling. This non-circumvention shall include, but not be limited to, the terms of this Fee Agreement, any additions, renewals, extensions, roll-over amendments, re-negotiations, new contracts, parallel contracts or agreements, or any third party assignment thereof. This non-circumvention shall remain in force for a period of five (5) years after the parties have concluded active discussions through the facilities and/or processes of trade provided by the metalbids.com website.

8. 	Governing Law: This FPA shall be governed by and construed in accordance with the laws in the United Kingdom.

9.	This Fee Agreement is binding on the 'User', his or her assigns, agents, representatives, directors and associates. This FPA also applies to any and all transactions between the parties, whether made directly or indirectly. This FPA is transferable to the individual beneficiaries, their designees, assigns and heirs and shall not be amended without express written consent of all parties to this Agreement.

11 	By signing up with MetalBids.com you hereby agree and accept all the terms of this FPA, which shall be considered an original of the document and shall have the same effect and force as signed hardcopy originals of the Fee Protection Agreement (FPA) and shall be binding and legally enforceable as any full recourse commercial contract.

12. 	Effective date of this Agreement: will be from the date of Registration at MetalBids.com

I agree to the following:

I accept the User Agreement, Privacy Policy, FPA and NCND above.

I may receive communications from MetalBids and I understand that I can change my email notification preferences at any time in the My MetalBids section.

I agree to MetalBids sending me business leads and promotional emails.

User Agreement & Privacy Policy

These documents are designed to protect and inform you of your rights and obligations within the MetalBids service. As this site is a facilitator of business and does not control Buyers and Sellers, it also absolves MetalBids and its owning company, its directors, employees and agents from any damages arising out of using or transacting business on this site.

FPA & NCND

The Fee Protection Agreement (FPA) and NCND are designed to protect MetalBids interests in the transactions that materialize using the site. MetalBids has a percentage based fee which is determined and paid by the Seller when both the buyer and seller sign contracts. There is no charge to the seller if the sale is not concluded.

This section must be completed to sign up for MetalBids.