User Agreement for Freelancer Now
This user agreement ("User Agreement" or "Agreement") is a contract between you and Freelancernow.net which operates the www.freelancernow.net website ("Site"). The Site is offered to you conditional on your acceptance of the User Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement.
This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and Freelancernow.net as to its subject matter.
If you do not agree to any of these terms and conditions you should immediately cease to use the Site. Please note that we may close, suspend, or limit your access to your Freelancernow.net account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to your funds if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.
1. ELIGIBILITY
Freelancernow.net offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities who can form legally binding contracts under applicable law. Without limiting the foregoing, this Site are not available to persons under 18 years of age. If Users do not qualify, they cannot use any of Freelancernow.net's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us.
2. USERS
The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.
Freelancernow.net.s provides a venue to introduce Users who wish to provide professional services ("Freelancers") and Users who seek such professional services ("Hirers")(respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together online to complete, invoice and pay for projects.
3. LEGAL RELATIONSHIP BETWEEN YOU AND GETAFREELANCER
3.1 Termination
Freelancernow.net reserves the right to terminate the participation of any User without reason but expressly including any User that Freelancernow.net judges to be in violation of the User Agreement. Without limiting the foregoing, Freelancernow.net may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else.s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
3.2 Relationship between Users
The only parties to a project are the Freelancer and the Hirer. Upon the Hirer awarding a project to a Freelancer and the Freelancer.s acceptance of a project on the Site, the Hirer agrees to purchase, and the Freelancer agrees to deliver the Provider Services in accordance with the following agreements: (1) the User Agreement; and (2) the User Services Agreement between the Hirer and Freelancer available on the Site, as amended from time to time; (3) any other contractual provisions accepted by both the Freelancer and Hirer uploaded to the Site, to the extent not inconsistent with the User Agreement; and (4) the project terms as awarded and accepted on the Site, to the extent not inconsistent with the User Agreement.
You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a member contract in conflict with the User Agreement is void.
3.3 User Responsibilities
The responsibilities of the Freelancer and Hirer are set out in the Services Agreement between Freelancer and Hirer.
When you enter into a transaction you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement.
You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law) international laws, statutes, ordinances and regulations relevant to you as a Hirer or Freelancer, or in any other uses you make of the Site.
If another user breaches any obligation to you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, Freelancernow.net has no responsibility for enforcing any User rights.
3.4 No Insurance
Freelancernow.net does not offer any form of insurance or other Hirer or Freelancer protection which will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Hirers and Freelancers. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.
Because user identification on the Internet is difficult, we cannot and does not confirm each User's purported identity.
3.5 Independent Contractors
Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
3.6 Services offered by Freelancer now
Freelancernow.net offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to freelancers and to enable freelancers to efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service.
Some of the Services offered at the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and Freelancernow.net and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.
3.7 Terms of use
The User understands and agrees to the following terms:
Our Site merely acts as an online venue to allow Users to offer and buy professional services. You acknowledge and agree that Freelancernow.net is not involved in the actual transaction between the Freelancers and Hirers. As a result, Freelancernow.net has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Freelancers to provide the services or the Hirers to pay for the services. We do not guarantee that a User will actually complete a transaction or act lawfully in using the Site.
Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that Freelancernow.net provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by Freelancernow.net or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
Freelancernow.net provides unmonitored access to third-party content. Freelancernow.net is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. Freelancernow.net does not control nor always review the web sites to which we link from the Site. Freelancernow.net, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
Freelancernow.net does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. Freelancernow.net expect that the User will undertake necessary activities and practices and will use caution and common sense when using Freelancernow.net for User's Account.
4. FEES
All fees are set forth in the summary of Freelancernow.net.s fees and charges which can be found on the Site. All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified.
Freelancernow.net does not charges fees to a hirer in relation to the posting of a project; selecting a Freelancer;or posting a featured project.
Freelancers must pay an annual membership fee to be able to exchange information with the hirers.
5. MILESTONE PAYMENTS
5.1 No milestone payments or escrow service
6. ACCOUNTS
6.1 Opening Account
To become a User and access the Site and Services you must register for an "Account.. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
6.2 Accounts
You agree that you will not receive interest or other earnings on the funds that Freelancernow.net handles as your contractor. Freelancernow.net may receive interest on those funds. Freelancernow.net will not be liable for any lost interest on such funds.
All amounts are stated in and all payments will be made in US funds. Freelancernow.net reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your Freelancernow.net account or face account termination and any other remedies available to Freelancernow.net to recover the funds.
Any User that Freelancernow.net removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.
6.3 Acknowledgement
Freelancernow.net is not responsible for any financial agreements between the Hirer and the Freelancer.
6.4 Inactive Accounts
User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will be deleted.
6.5 Chargebacks
You acknowledge and agree that any chargebacks (a chargeback occurs when a buyer rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Hirers through the Site are your responsibility and you will not hold Freelancernow.net liable for such. You agree that Freelancernow.net may reverse any such payments that are subject to chargeback via our Payment Processors. To cover the cost of processing chargebacks, Freelancernow.net assesses a US$20.00 fee to Users for credit and debit card payment chargebacks.
6.6 Insufficient funds in Accounts
If there are not sufficient funds in your User Account to meet outstanding fees and charges, Freelancernow.net reserves the right to collect any amounts owing to Freelancernow.net by any other legal means.
6.7 Taxes
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by Freelancernow.net.
7. AVOIDING COMMISSIONS
7.1 Email
Users agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by Freelancernow.net at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Service Provider (or you are the Service Provider chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, GTalk and Yahoo.
7.3 Providing contact information
You are prohibited of posting your contact information on the forum.
8. USER CONTENT
The User is solely responsible for content or any other information the User provides to Freelancernow.net. User understands and agrees to the following:
Freelancernow.net is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. Freelancernow.net has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for Freelancernow.net, harm its business operation or reputation, or cause Freelancernow.net to lose the services of its suppliers.
User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
By submitting User content to Freelancernow.net (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a project; sending messages through or to Freelancernow.net). You hereby grant to Freelancernow.net a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of Freelancernow.net (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
No copyrighted material can be posted on the Site.
9. USER RESTRICTIONS
9.1 Advertising
Users are prohibited from advertising a website on the Site. Any URL posted in a bid, project description, or the message board, must relate to a project on Freelancernow.net. An example of a permissible URL would be a User's portfolio or resume page.
9.2 Bidding
Service Providers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This also applies to Service Buyers. Service Buyers cannot create projects that directly or indirectly require Service Providers to place hourly or other abnormal bids. The only exception, for both Service Buyers and Service Providers, is when the project is fulltime.
9.3 Hirer
The Hirer agrees that:
The Hirer is strictly forbidden from redistributing any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
The Hirer will not use the Hirer's Account to post false or misleading project descriptions.
The Hirer will not post project descriptions that, in the judgment and discretion of Freelancernow.net, are inappropriate to Freelancernow.net's audience, viewers, or visitors in the judgment and discretion of Freelancernow.net.
The Hirer agrees to pay featured project fee if project posted should have been posted as featured.
The Hirer agrees to pay fulltime project fee if project posted should have been posted as fulltime.
The Hirer will not falsify the Hirer's own or any other identity.
9.4 Freelancer
The Freelancer agrees that:
The Freelancer will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
The Freelancer will not falsify Freelancer's own or any other identity.
9.5 General restrictions
Users agree that:
Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of Freelancernow.net.
Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
Users will not contact employers or freelancers through the Site or through information gained from our Site with the intent of subverting them from using our Services.
Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Users will not create multiple user Accounts to avoid fees, suspension or bad ratings on the Site.
9.6 Consequences of termination
In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from Freelancernow.net.
Without limiting Freelancernow.net's other remedies, to the extent you are in violation of this User Agreement, you must pay Freelancernow.net for all fees owed to us and reimburse us for all losses and costs (including any and all Freelancernow.net employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You and Freelancernow.net agree that the damages that Freelancernow.net will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then Freelancernow.net may take legal action against you to recover losses that are in excess of the amount charged.
You agree that Freelancernow.net is entitled to deduct such charges directly from any existing balance in the offending Account, or any other Freelancernow.net Account owned by you.
In the event of termination, you will have no claim whatsoever against Freelancernow.net in respect of any such suspension or termination of your membership.
10. DISPUTE RESOLUTION
10.1 Dispute resolution
Freelancer now is a free exchange marketplace and we do not arbitrate on any dispute between a hirer and a freelancer.
It is agreed by You that You will make every endeavor at fair play and post reasonable and fair demands/offers.
10.1 Freelancernow.net not a party to disputes
Any disputes regarding arrangements between Freelancers and Hirers remain solely between Hirers and Freelancers. We are not involved in any transactions between you and any other users of Freelancernow.net. You acknowledge and agree that Freelancernow.net will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release Freelancernow.net from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
11. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA
Your personal data will be used only to the extend disclosed here such as membership fees, and user registration.
Freelancernow.net discloses sensitive personal information only if required to comply with legal obligations or with your consent.
12. TRADEMARKS
You can't use any trademarks without consent of the legal owner.
13. COPYRIGHT
13.1 Copyright of Freelancernow.net
The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Freelancernow.net and are protected by US laws.
13.2 Copyright infringement
It is our policy to respond to clear notices of alleged copyright infringement. Our policy, set out below, is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.
13.3 DMCA Digital Millennium Copyright Act (United States)
The Digital Millennium Copyright Act 1998 ("DMCA"), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider ("ISP").
14. NO WARRANTY
Freelancernow.net is not involved in the actual transaction between Freelancers and Hirers. Our Services, the Site and all content on it are provided on an .as is. basis and without warranties of any kind either express or implied. Without limiting the foregoing, Freelancernow.net does not represent or warrant that:
- the Site will be accurate, reliable, uninterrupted, secure or error-free;
- defects in the Site will be corrected;
- the Site or the server that makes it available are free of viruses or other harmful components.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
15. LIMITATION OF LIABILITY
15.1 Limitation of liability
In no event shall Freelancernow.net, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
any indirect, special, incidental or consequential damages that may be incurred by you;
any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and
any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
The limitations on Freelancernow.net.s liability to you above shall apply whether or not Freelancernow.net, its affiliates or staff have been advised of the possibility of such losses or damages arising.
15.2 Jurisdiction.s Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.
15.3 Bar to action
Freelancernow.net may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against Freelancernow.net for any matter arising out of any transaction or otherwise in respect of this User Agreement.
16. INDEMNITY
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
16. APPLICABLE LAW
Any dispute will be resolved according to the laws of the Unites States. 17. GENERAL
The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by Freelancernow.net to a third party without your consent in the event of a sale or other transfer of some or all of the assets of Freelancernow.net. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
Amendment of User Agreement
This agreement can be modified at any time, is the responsibility of the user to check periodically.
Please contact us to report violations of terms and conditions.
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