Terms of Use
Terms of Use
Last Updated: January 20, 2012
By signing up for the Freelancify service ("Service") or any of the services of Freelancify Company, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: http://www.Freelancify.com/terms. Freelancify reserves the right to update and change the Terms of Service by posting updates and changes to the Freelancify website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. Except as specified in these Terms of Service, the maximum liability of Freelancify is the amount paid to Freelancify by the customer. Violation of any of the terms below will result in the termination of your Account.
Account Terms
1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of your account and password. Freelancify cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
6. One person or legal entity may not maintain more than one free account.
7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, reverse engineering of software, and patent infringement).
8. Freelancify, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Freelancify service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. Freelancify reserves the right to refuse service to anyone for any reason at any time.
Fees, Escrow, Payment, and Refund Terms
1. A valid credit card is required for paying Escrow.
2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
3. Fees charged to the Freelancer will be 10% of the milestone amount. This charge will be taken out while the payment made from the Buyer is in the Escrow fund and before released to the Freelancer's account.
4. Once a payment is submitted from a Buyer to the Escrow to fund a milestone; that payment is non-refundable unless a dispute claim is submitted and approved. The process for approval for escrow refunds takes 2 weeks and incurs a 3% fee of the amount funded (as the banks do not refund back the card transaction fee to us).
5. The Escrow account is kept in good faith and guaranteed to pay out for any amount funded into it from a Buyer by Freelancify company.
6. The Freelancer has the right to request a cashout for the amount they have earned by providing services via Paypal or direct check sent to a valid shipping address. We are not responsible for checks sent that are lost due to wrong addresses given from Freelancers.
Relationship Between Buyer And Freelancer
1. Freelancers are Independent Contractors and not to be mistaken as a partnership, joint venture, agency or employment relationship.
2. You are strictly prohibited from attempting to negotiate the fee for a Project with another user directly (outside of Freelancify.com) after that Project has been created/opened and before that Project has been closed (i.e. during an ongoing project). This also applies to any Project that was closed without a Freelancer being chosen, and then contacting them about the Project anyway.
3. Both parties are responsible for notifying Freelancify.com if the payment amount increases (above the bid amount) after the Project is closed.
4. You are strictly prohibited from under-bidding on Projects in an attempt to renegotiate the actual price privately, avoiding fees. We aim to provide a fair and open playing field at Freelancify.com, and such activities interfere with providing such a marketplace.
5. No private contact information (email, phone, skype, etc.) is to be shared in the Q&A discussion board in a Project.
6. Any copyrightable works or works for hire prepared by Freelancer in connection with a Project for Buyer shall be owned by the Freelancer until payment has been made by the Buyer and accepted by the Freelancer, then it becomes under the ownership of the Buyer. If the Buyer pays an amount less than the amount agreed to in the terms of the Contract, the Freelancer may refund the amount paid within two (2) weeks of the payment date and retain ownership of the Work Product. To the extent that under applicable law, Proprietary Rights cannot be assigned, Freelancer hereby irrevocably agrees to grant, and hereby grants, to Buyer an exclusive (excluding also Freelancer), perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and commercialize Work Product in any manner now known or in the future discovered. To the extent such license grant is not fully valid, effective or enforceable under applicable law, Freelancer hereby irrevocably agrees to grant, and hereby grants, to Buyer, such rights as Buyer reasonably requests in order to acquire, as close as possible, all rights equivalent to full legal ownership. In order to ensure that Buyer will be able to acquire, perfect and use such Proprietary Rights, Freelancer will: (i) transfer possession, ownership, and title to media, models, and other tangible objects containing Work Product to Buyer; (ii) sign any documents at Buyer's request to assist Buyer in the documentation, perfection and enforcement of its rights; and (iii) provide Buyer with support and reasonable access to information for recording, perfecting, securing, defending, and enforcing such Proprietary Rights. Freelancer also irrevocably authorizes Buyer to act and sign on Freelancer's behalf and take any necessary steps in order to perfect Buyer's rights under this Agreement. In case that under applicable law, Freelancer retains any rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights" (collectively "Moral Rights") or other inalienable rights to Work Product or Confidential Information under this Agreement, Freelancer irrevocably agrees to waive, and hereby waives, all such rights, or, to the extent Freelancer cannot waive such rights, Freelancer agrees not to exercise such rights, until Freelancer has provided prior written notice to Buyer and then only in accordance with any reasonable instructions that Buyer issues in the interest of protecting its rights. Freelancer agrees to assist Buyer in every proper way to obtain and enforce the Proprietary Rights and other legal protections for the Work Product in any and all countries. Freelancer will sign documents that the Buyer may reasonably request for use in obtaining and enforcing such protection, including, but not limited to, any assignment deed which the Buyer may select at its sole discretion.
Disputes
1. Freelancify.com offers the Dispute Center to registered users who have elected to use the Milestone Payment feature. You agree and acknowledge that: (i) Freelancify.com is not providing legal services; (ii) Freelancify.com will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on Freelancify.com for any such counsel. In the event of a dispute between an Buyer and a Freelancer regarding a return or release of Milestone Payments, either Buyer or Freelancer may elect to use the Dispute Center offered by Freelancify.com. The Buyer and Freelancer will then be notified that the matter will be addressed through the Dispute Center. You agree to indemnify and hold Freelancify.com and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Milestone Payments and/or Dispute Center.
2. Identifying the issue - The complainant should select the project and the Milestone payment or payments to be disputed. A user could contest all the Milestones related to a single project in one dispute. After which, a description of the issue and an explanation of why the dispute is being opened should be given. From this stage until Stage 3, users are encouraged to attach any files that could support their claims. Finally, the complainant is requested to enter the amount he or she is prepared to pay for the Project (if an Employer) or wish to get paid for the Project (if a Freelancer). The amount could be between 0 and the total amount of the Milestone Payment(s) in question.
3. Negotiations - At this stage, either party can negotiate for partial compensation, or (after a period of time) choose to have Freelancify.com's Dispute Team arbitrate the dispute. Both parties will have the opportunity to tell their side of the story and also negotiate terms to resolve the issue between themselves. Only the party who originally filed for the dispute can cancel the dispute. If the issue cannot be resolved through negotiation, either party can choose to pay the Arbitration Fee to have the dispute arbitrated by the Dispute Team. The Arbitration Fee will be refunded if the dispute is either settled through mutual agreement or cancelled before reaching arbitration.
4. Final Offers and Evidence - After one of the involved parties has paid the Arbitration Fee, the other party has 4 days to also pay the fee. Either party still has the option in this period to negotiate with the other party. If the responding party does not pay the arbitration fee within the 4 days, the result will be in favor of the party who escalated the dispute into arbitration first. If a solution is found before the responding party pays the fee, the party who paid the Arbitration Fee will be refunded this fee. Stage 3 is the last stage where both users can submit their final evidence to support their case. After Stage 3, the involved parties are no longer allowed to submit evidence. The dispute will be resolved based solely on the evidence provided through the Dispute Center. Once the dispute has proceeded to Stage 4, further evidence will no longer be accepted.
5. Arbitration - the Dispute Team will review all evidence and other information provided to reach a decision (usually within 48 hours). Dispute verdicts are final, binding, and irreversible. The party who wins the dispute will be refunded their Arbitration Fee.
Modifications To The Service And Prices
1. Freelancify reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Freelancify website (Freelancify.com) or the Service itself.
3. Freelancify shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright And Content Ownership
1. All content posted on the Service is must comply with U.S. copyright law.
2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly within your company, you agree to allow others to view and share your Content.
3. Freelancify does not pre-screen Content, but Freelancify and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
4. The look and feel of the Service is copyright ©2011 Freelancify. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Freelancify.
Ratings And Feedback
1. Freelancify provides its feedback and rating system as a means through which Users can express their opinions publicly and Freelancify does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability.
2. You acknowledge and agree that the Freelancify Platform will contain public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that Freelancify may calculate a composite feedback number based on these individual ratings.
3. You may be held legally responsible for damages suffered by other Freelancify Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Freelancify is not legally responsible for any feedback or comments posted or made available on the Freelancify Platform by any Users or third parties, even if that information is defamatory or otherwise legally actionable.
4. Any effort to falsify feedback, manipulate or coerce another User by threatening negative feedback or offering to sell or buy Services in exchange for feedback is in violation of this Terms of Service. Freelancify reserves the right to delete ratings and feedback as it deems appropriate.
General Conditions
1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
2. You understand that Freelancify uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Freelancify, or any other Freelancify service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Freelancify.
5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Freelancify customer, employee, member, or officer will result in immediate account termination.
7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Freelancify) of other Freelancify customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
11. Freelancify does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
12. You expressly understand and agree that Freelancify shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Freelancify has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
13. The failure of Freelancify to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Freelancify and govern your use of the Service, superseding any prior agreements between you and Freelancify (including, but not limited to, any prior versions of the Terms of Service).
Limitation Of Liability
IN NO EVENT SHALL WE OR OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100, OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SITE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Warranty Disclaimer
THE SITE SERVICES PROVIDED BY FREELANCEFUL OR ANY OF OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Definitions
1. "You" and "Users" refers to any registered user or visitor to the Freelancify.com site.
2. "Buyers" are those registered users that post a project to be completed by the freelancers.
3. "Freelancers" provide the services to accomplish a project for a Buyer.
4. "Service" is defined as all activity and services provided from Freelancify.
5. "Content" is any information provided, uploaded, or entered into Freelancify's site during use.
6. "Escrow" is defined as the payment 'escrow' holding system provided by Freelancify.
7. "Project" is defined by any work posting from a Buyer in attempt to find a Freelancer.
8. "Work Product" is the completed milestone(s) of a Project by a Freelancer. This includes source codes, all files, structures, organizations, etc.
9. "Dispute Center" is the service offered by Freelancify in case of disputes, disagreements, etc. while using the service
10. "Milestone" refers to any project's portion of work segmented in order to create smaller deadlines and goals.
11. "Milestone Payment" refers to any payment submitted into Escrow to fund a Milestone for work to be completed from a Freelancer.
12. "Dispute Team" refers to the employees of Freelancify that handle the Dispute Center's operations.
13. "Arbitration Fee" refers to the $50 fee imposed for using the Dispute Center.
14. "Account" refers to a registered user and including all Content they have inputted into Freelancify.
Questions?
Any questions and concerns can be directed to our team via the contact page here during Monday - Friday, 9AM - 5PM (Central US).