Terms of Service

These Terms of Service (the "Terms") set out the rights, obligations, and responsibilities between ACCEL and you when you use GearBid (the "Service"). By signing up, you are deemed to have agreed to these Terms. You are responsible for reading and understanding the Terms before using the Service. Matters not covered here follow the applicable laws and separate policies (such as the Privacy Policy and the Cookies Policy) published by ACCEL.

1. Service Overview

GearBid is a reverse-auction brokerage platform that connects demand and supply for construction equipment rental. Clients register the equipment specifications, site, and rental period they need and receive competitive bids from suppliers. Suppliers win business by proposing prices and conditions against published requests.

The Service is operated for Thailand's construction equipment rental market (Bangkok, Chonburi, and others) and is delivered as a mobile web application. To make the Service convenient and reliable, GearBid is involved across the transaction — request review, supplier verification, payment receipt, and settlement. GearBid provides a standardised process so that you can rent construction equipment on reasonable terms without having to organise bespoke price negotiations or open bidding on your own.

In these Terms, "Service" means all features and related services provided by ACCEL, including the GearBid website, mobile web application, message notifications, and customer support channels. The detailed features, operating scope, service fees, and policies may change in line with market conditions and the regulatory environment. Changes will be notified in advance under Section 12.

2. Definitions

Key terms used in these Terms are defined as follows.

1. Client: A construction company, contractor, sole proprietor, or similar party that seeks to rent equipment for use at a construction site. Clients can register RFQs on the platform.
2. Supplier: A business that owns or can rent out construction equipment. Suppliers can place bids against registered RFQs.
3. RFQ (Request for Quotation): An equipment rental request posted by a Client, including information such as the equipment type, specifications, site location, mobilisation date, rental period, and budget range.
4. Bid: A price and terms proposal submitted by a Supplier against a given RFQ. A bid includes the rental fee, transport cost, and earliest mobilisation date, with the rental fee and transport cost itemised separately.
5. Sublease Contract: A contract structure in which the Supplier rents the equipment to ACCEL and ACCEL in turn sublets (subleases) the equipment to the Client. See Section 7 for details.
6. Down Payment: An advance payment made to ACCEL by the Client after the Client selects a Supplier and signs the contract, equal to 10% of the winning rental fee (excluding transport and VAT). The down payment is a partial prepayment towards the sublease amount; it is not a refundable deposit, nor a separate brokerage fee.
7. Service Fee: An amount ACCEL receives from the Supplier when a contract is concluded, equal to 10% of the winning total (rental fee plus transport, excluding VAT), representing ACCEL's platform margin. The same 10% applies to the entire amount of any later addition, such as overtime (OT), period extension or additional transport.
8. Credit Score: A per-user reputation indicator (0–100) calculated from your contract performance history, mutual reviews, and penalty records. The Credit Score may be used for future bid exposure and matching.

3. Sign-Up and Account Management

1. You can create an account by completing OTP (one-time password) verification through a valid phone number held in your own name. Suppliers may also need to submit business registration information when signing up.
2. You must sign up using your real name and a contact method you actually use. Signing up with false information may lead to account suspension and restrictions on use of the Service.
3. The rule is one account per individual (or per business). Using multiple accounts to take both sides of the same transaction or to disrupt the platform's matching logic is prohibited.
4. You may not give or share your password or authentication means (OTP, LINE integration credentials, etc.) with anyone else, and you are responsible for all activity on your account. If you suspect your account has been taken over, notify ACCEL immediately.
5. Accounts may not be transferred, lent, or sold. Changes in business status (transfer, merger, trade-name change, and similar) must be notified to ACCEL in advance and follow a separate procedure.
6. ACCEL may, after prior notice, move an account to dormant status or terminate it if there has been no sign-in for a long period (12 months or more), or if we confirm that sign-up information is false.
7. You must update your profile information (contact details, business address, business information, etc.) without delay when it changes. You are responsible for missed notices or contract performance issues caused by failing to do so.

4. Client Rights and Obligations

1. When registering an RFQ, a Client must enter the equipment type, specifications, quantity, site address, site conditions, rental period, budget range, and other information accurately and in good faith. If the site location is different from reality or key conditions are missing, the fairness of bidding can be damaged; the Client bears any resulting disadvantages.
2. A Client may freely choose among multiple bids received against the registered RFQ, and may cancel the RFQ up to 3 hours before the bid deadline.
3. When a Client selects a specific bid and a contract is concluded, the Client must pay ACCEL a down payment equal to 10% of the winning rental fee (excluding transport and VAT). Supplier matching and equipment mobilisation only proceed once the down payment has been paid.
4. If a Client unilaterally changes key conditions such as mobilisation schedule, rental period, or site location after contract conclusion, the Supplier's agreement is required and additional costs may arise from the change.
5. During the rental period, the Client must use the equipment with the care of a prudent operator and must cover repair or restoration costs for damage caused by misuse or negligence.
6. After contract completion, we encourage Clients to write genuine reviews (star rating and comment) for the Supplier. Reviews feed into the platform's Credit Score calculation.
7. Clients may not use any information obtained during the transaction — such as the Supplier's personal data, contact details, or contract terms — for any purpose other than that transaction, and must not disclose or pass it on to any third party.

5. Supplier Rights and Obligations

1. Suppliers must hold a valid business registration or equivalent operating credentials and may be required to submit documents such as a business registration certificate or proof of equipment ownership at ACCEL's request.
2. When placing a bid, a Supplier must accurately disclose the proposed equipment's model, year, maintenance condition, and additional costs (transport, fuel, operator included or not, etc.). Any discrepancy between disclosed details and the equipment actually deployed may be treated as a contract breach.
3. A Supplier must deliver on the mobilisation date and conditions promised for any bid it has won. Unilateral cancellation without a valid reason, late mobilisation, or reducing agreed conditions may lead to a drop in Credit Score and restrictions on use.
4. Suppliers are responsible for complying with site safety rules and relevant laws (such as road traffic laws and occupational safety and health laws) at the site where the equipment is deployed.
5. Suppliers must recover the equipment at their own responsibility after the job is done, and must meet the agreed return schedule.
6. Suppliers should focus on honouring transactions and responding to reviews to keep their Credit Score healthy. Bidding may be restricted for Suppliers whose Credit Score falls below a set threshold.
7. Suppliers may not use any information obtained during the transaction — such as the Client's site information, contact details, or contract terms — for any purpose other than that transaction, and must not share it with suppliers in the same industry or use it for their own sales.

6. Bid → Contract → Settlement Flow

The standard transaction flow on the Service is as follows. ACCEL's operations team may be involved in each step.

1. RFQ registration: The Client enters and registers the equipment request in the app.
2. Admin approval: ACCEL's operations team reviews and approves the RFQ's basic information (site address, equipment specifications, etc.). Inappropriate requests may be rejected.
3. Supplier notification: Approved RFQs are sent to relevant Suppliers via email and in-app notifications.
4. Bid deadline: Suppliers submit prices and conditions up to the set bid deadline. No new bids are accepted after the deadline.
5. Client selection: The Client compares received bids and picks one. Non-selected bids are automatically closed.
6. Contract conclusion: Once the Client selects a bid and pays the down payment (10% of the rental fee), ACCEL forms separate contracts with the Client and the Supplier. An e-contract may be used where appropriate.
7. Equipment mobilisation: The Supplier delivers the equipment to the Client's site in line with the agreed schedule.
8. Job execution and completion: The Client uses the equipment for the agreed period and returns it to the Supplier at the end of use.
9. Settlement: Following the down payment, the Client pays the remaining amount (rental balance, transport, and VAT) to ACCEL, and ACCEL settles the supply-contract amount (90% of the rental fee, plus 90% of the transport charge and VAT, less withholding tax) to the Supplier. Mutual reviews and Credit Score updates are applied in the process. Details of settlement (payment cycle, tax invoice issuance, etc.) follow separate guidance; Suppliers submit supporting documents for settlement in good faith.

The detailed standards for each step (approval criteria, bid exposure logic, contract document templates, etc.) may evolve as the Service is operated, and changes will be announced through in-app notifications.

7. Role of GearBid

This section defines the legal status of ACCEL. You must review this section before using the Service.

1. ACCEL (Advanced Civil Construction & Engineering Co., Ltd.) is not a simple intermediary or information-provider platform. It participates in the transaction as a counterparty to the Sublease Contract.
2. The transaction structure is as follows: ACCEL is the lessee that rents the equipment from the Supplier, and at the same time the lessor that subleases that equipment to the Client. So the Client does not contract directly with the Supplier but enters into a sublease contract with ACCEL, and the Supplier enters into a rental contract with ACCEL.
3. Under this structure, ACCEL has direct responsibility and authority over contract performance, dispute resolution, and the receipt and payment of funds.
4. The flow of funds is as follows: the Client pays ACCEL the full sublease amount (100% of the rental fee, plus 100% of the transport charge and VAT), and ACCEL settles the supply-contract amount (90% of the rental fee, plus 90% of the transport charge and VAT, less withholding tax) to the Supplier. The difference — 10% of the winning total (rental fee plus transport, excluding VAT) — is ACCEL's service fee (its platform margin) and is borne by the Supplier. No separate escrow (third-party holding) is operated.
5. The down payment paid by the Client is a partial prepayment towards the sublease amount and is separate from the service fee above. ACCEL does not charge the Client any separate brokerage fee (if a platform usage fee is introduced in the future, it will be notified separately). The down payment is not a refundable deposit; it is applied towards the amount owed when the Client signs the contract and is not refunded unless the refund conditions in Section 10 are met.
6. The contract structure and service fee policy in this section remain in force even where the Client and Supplier are in direct contact with each other. Converting a transaction brought through the Service into a separate contract outside the platform is prohibited (see Section 8).
7. The sublease structure in this section is a core condition that both Client and Supplier must clearly understand when using the Service. You will receive separate notice of this section and agree to it at sign-up and at your first transaction.

8. Prohibited Conduct

You must not engage in any of the following conduct. Violations may lead to account suspension, a drop in Credit Score, and legal action.

1. Converting a match made through the platform into a separate off-platform transaction, or inducing offline payment with the aim of bypassing platform service fees.
2. Registering a fake RFQ with no real intent to mobilise equipment, or repeatedly registering and cancelling RFQs to harm competitors or other parties.
3. Dummy bids, collusive bids, or price manipulation through multiple accounts.
4. Impersonating or misusing another person's account, phone number, LINE account, or business information.
5. Publicly or privately exchanging external contact details (personal phone numbers, messenger IDs, etc.) to circumvent the platform, whether before or after the bid deadline.
6. Listing equipment that you do not actually own as if you do, or misrepresenting its year, maintenance condition, or performance.
7. Manipulating reviews of yourself, exchanging false reviews, or staging transactions with the aim of influencing Credit Score calculations.
8. Using automated tools (crawling bots, scripts, etc.) that disrupt normal operation of the platform, or exploiting security vulnerabilities.
9. Mobilising equipment in violation of applicable law (road traffic law, occupational safety and health law, tax law, etc.), conducting transactions for tax evasion, or engaging in anything connected with money laundering.
10. Reproducing or distributing the trademarks, logos, UI design, or content of GearBid without authorisation, or building imitation services.

9. Limitation of Liability

1. ACCEL performs its duties as sublease counterparty under Section 7, but is not liable, or its liability is limited, for losses caused by the matters below.
2. Hidden defects in the equipment itself supplied by the Supplier, or accidents or underperformance caused by the Supplier's poor maintenance.
3. Safety incidents at the Client's site, operator negligence, and personal injury or property damage caused by changes in site conditions.
4. Delay or non-performance of the contract caused by force majeure such as natural disasters, war, civil unrest, riots, infectious disease, government orders, or strikes.
5. Defamation, confidentiality breaches, intellectual property infringement, or other damages arising from disputes between users or with third parties.
6. Losses you incur by violating these Terms or applicable laws.
7. Even where wilful misconduct or gross negligence of ACCEL is found, liability is capped at the amount of service fee ACCEL has already received for the relevant transaction. Different rules apply where the law requires otherwise.
8. ACCEL may temporarily suspend all or part of the Service for maintenance, incident response, or feature improvements. In such cases we give notice in advance as far as possible. We are not liable for short, unannounced suspensions (such as emergency incident recovery).
9. ACCEL does not guarantee the accuracy of information you provide or that is exchanged on the platform (equipment specifications, photos, site information, etc.). You must review and use such information at your own responsibility.

10. Termination and Refunds

1. Cancellation up to 3 hours before bid deadline: Clients may freely cancel an RFQ up to 3 hours before the bid deadline. No service fee or down payment is incurred at this stage.
2. Cancellation before Supplier selection: You can also close an RFQ after the bid deadline if you have not yet selected a Supplier.
3. Client cancellation after contract conclusion: The down payment is a partial prepayment towards the amount owed and is not intended to be refundable. If a Client cancels after paying the down payment and the contract is concluded, as a rule the down payment is non-refundable. However, where the Supplier is clearly at fault (failure to mobilise, providing equipment different from what was disclosed, and similar), ACCEL may refund all or part of the down payment after confirming the facts.
4. Unilateral refusal by Supplier: If a Supplier refuses to mobilise equipment without a valid reason, ACCEL may impose a penalty on the Supplier and refund the down payment to the Client, and will try to match a replacement Supplier where possible.
5. Unilateral termination by ACCEL: If you violate Section 8, or if a serious issue arises — such as false information, failure to pay, or repeated drops in Credit Score — ACCEL may terminate your account and individual contracts after prior notice.
6. When a refund is approved, it will be processed back to the original payment method and we aim to complete it within a maximum of 14 business days. The refund amount is calculated taking into account the level of performance to that point, any actual costs incurred by the Supplier (such as transport), and the reason for cancellation.
7. Any objection concerning a refund or termination must be submitted in writing (including by email) through ACCEL's customer support channel within 30 days of the end of the related transaction. ACCEL will confirm the facts and respond within a reasonable period.

11. Dispute Resolution and Governing Law

1. Kingdom of Thailand governs the interpretation of these Terms and any dispute between you and ACCEL. Where these Terms are made available in Thai, English, and Korean at the same time, the Thai version prevails in interpretation for legal disputes within Thailand.
2. You must first try to resolve any question, request, or dispute arising from your use of the Service through ACCEL's customer support channel. ACCEL will confirm the facts in good faith and act as mediator.
3. If a dispute cannot be resolved by agreement between the parties, the competent court is Courts of Bangkok, Thailand. Different rules apply where you qualify as a consumer and applicable law provides otherwise.
4. Because the Service runs on the assumption of transactions within Thailand, legal procedures based on the equipment deployment site or project location may be required separately. The governing law and jurisdiction clauses in this section also apply to cross-border transactions or transactions involving foreign users, unless separately agreed otherwise.
5. If any provision of these Terms is held invalid under applicable law, the remaining provisions remain effective. The parties will work together to interpret and apply the invalid provision in a way that preserves its intended purpose to the extent valid.

12. Changes to the Terms

1. ACCEL may change these Terms as a result of changes in applicable law, improvements to service policy, introduction of new features, and similar reasons.
2. When we change the Terms, we will give notice of the change through in-app notification and, where you have provided an email address, by email to contact@gearbid.io at least 7 days before the effective date.
3. For changes that are unfavourable to you, we will give separate notice at least 30 days before the effective date. In that case, you have the right to refuse to agree to the changed Terms.
4. If you continue to use the Service after the effective date of a change, you are deemed to have agreed to the changed Terms. If you do not agree, you may request account termination before the effective date.
5. ACCEL keeps previous versions of the Terms for a reasonable period, and on request you may obtain a copy of the version you had agreed to at a specific point in time.

13. Contact

For questions about the Service or these Terms, please use the contact details below.

• Company (legal entity): Advanced Civil Construction & Engineering Co., Ltd.
• Brand name: ACCEL
• Representative: Eun Sung Jeong (James)
• Business registration number: 0215-5530-0353-7
• Address: No. 68 Bangna-Trad 23, Bangna Nuea, Bangna, Bangkok 10260
• Email: contact@gearbid.io
• Phone: +66-(0)81-378-0115