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Originally posted by BucksMSA

ValuAmerica recently sent me an email asking that I register with them. Naturally, I like getting work so I looked into the offer. Here is what I found.

The link provided http://www.valuamerica.com/register.html requires me to agree to certain specific terms and states, in part, as follows:

"5. Fees.

(a) Each Vendor shall be obligated to pay a technology transmission fee (a "Delivery Fee") to ValuAmerica for each order for Services that such Vendor receives and accepts using ValuNet xsp. The Delivery Fees are attached to this Agreement as Schedule A and are incorporated herein by reference.The Delivery Fees are subject to change and the Delivery Fees in effect at any particular time will be the Delivery Fees set forth on Schedule A, as the same may be amended from time to time by ValuAmerica without notice. Each Vendor shall be liable for payment of the applicable Delivery Fees to ValuAmerica as set forth on Schedule A at the time an order is received and accepted. Each Vendor must have an active valid method of payment with ValuAmerica at all times. A Vendor's method of payment will be charged upon its receipt and acceptance of an order for Services from a Buyer. All fees are nonrefundable and are due from Vendor regardless of whether Buyer pays Vendor for the Services. Vendors shall be responsible for all taxes arising out of the use of ValuNet xsp by them or their Buyers, other than taxes on ValuAmerica's net income." [emphasis mine]

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If I understand this correctly, I have to pay a fee. The Fee is to be disclosed PRIOR to me signing the Agreement. But it is not available. Even the provided link produced only the Agreement itself but there is NO SCHEDULE OF FEES, (i.e. "Schedule A."). How is one supposed to know what the agreement is binding anyone to if all terms are not disclosed?

Just exactly why would I pay a fee and what is it based on? According to this arrangement the fee is paid to ValuAmerica and is composed of a "maintenance fee" and a "technology integration fee." What the difference is there between a maintenance fee and the so-called technology integration fee and why do they show or include a list of both fees and the net total?

According to this agreement the fees would be automatically billed monthly whether I have been given an assignment or not. It is effective until terminated. I can only terminate the agreement by sending a written statement to ValuAmerica providing all fees are paid but it provides no alternative for fees in dispute. So if you disagree with a fee you have to continue to make payment and they will continue to deduct an unknown amount of money from your account. Sounds legit, right?

What is also troubling is that although ValuAmerica will at some point require verifiable payment information about me and bill my account monthly they state that they assume no liability whatsoever.

10. Limitation of Liability.

VALUAMERICA SHALL NOT IN ANY CASE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES INCURRED THAT ARISE UNDER OR RELATE IN ANY WAY TO VALUNET XSP, THE WEBSITE OR THIS AGREEMENT, EVEN IF VALUAMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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Seriously? Do you really believe that if ValuAmerica caused consequential damages it is immune from liability? I think that contradicts all previous legal theories about what limited liability really is and I would consider that clause extremely ambiguous.

I have written them for explanations but BE WARNED - they really want you to not read the agreement, click past this and sign up. DON'T DO IT.

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