1. OVERVIEW AND DEFINITIONS
“We Do Freelance Jobs” is an online freelance jobs board that enables buyers of professional services (“Clients”) to search for and enter into with providers of professional services (“Freelancers”). The Website contains features that enable Freelancers and Clients to do, among other things, the following:
Clients: Create profiles, post jobs or projects, search for Freelancers, communicate with Freelancers, and negotiate with Freelancers, award jobs or projects to Freelancers.
Freelancers: Create profiles, submit quotes, negotiate with Clients, and obtain project awards.
We also provide Registered Users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms of Service have the following meanings:
“Account” means the account created by the Website upon registration.
“Website” means the World Wide Web site operated by “We Do Freelance Jobs” at https://www.wedofreelancejobs.com/ or any replacement URL.
To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Job or Project Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. “We Do Freelance Jobs” reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
To become a Registered User and to access 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 Website, and to update this information to maintain its truthfulness, accuracy and completeness.
C. Accounts and Profiles.
General. Once you have registered with the Website as a Registered User, the Website will create your Account with “We Do Freelance Jobs” and associate it with an account number.
Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize “We Do Freelance Jobs” to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
A. Client and Freelancer.
- Job or Project Agreement. The engagement, contracting and management of a project are between a Client and a Freelancer. Upon acceptance of a quote, the Client agrees to purchase, and the Freelancer agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Client and Freelancer including the Project Description, and other terms and conditions as communicated between Client and Freelancer on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by “We Do Freelance Jobs” (collectively, the “Project Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. Client is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. Freelancer is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner. Client and Freelancer each covenants and agrees to act with good faith and fair dealing in performance of the Project Agreement.
- Independence. Client and Freelancer each acknowledges and agrees that their relationship is that of independent contractors. The Freelancer shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Freelancer and Client or between “We Do Freelance Jobs” and any Client or Freelancer.
B. Registered Users and “We Do Freelance Jobs”
- General. “We Do Freelance Jobs” is not a party to the dealing, contracting and fulfillment of any Job or Project between a Client and a Freelancer. “We Do Freelance Jobs” has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of Jobs or project listings, the qualifications, background, or abilities of Registered Users, the ability of Freelancers to perform services, the ability of Client to pay for services, or that a Client or Freelancer can or will actually complete a Job or Project. “We Do Freelance Jobs” is not responsible for and will not control the manner in which a Freelancer operates and is not involved in the hiring, firing, discipline or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Client and a Freelancer. “We Do Freelance Jobs” will not provide any Freelancer with any materials or tools to complete any Job or Project. Client and Freelancer must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
- Agency. These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and “We Do Freelance Jobs”, except and solely to the extent expressly stated.
- Taxes. Registered Users are responsible for payment and reporting of any taxes. “We Do Freelance Jobs” is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by “We Do Freelance Jobs”. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common
4. TERM; TERMINATION AND SUSPENSION
- These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or “We Do Freelance Jobs” as provided for under the terms of this section.
- Any termination of an Account will automatically lead to the termination of all related profiles.
- Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) We are unable to verify or authenticate any information you provide to us; or (3) We believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for “We Do Freelance Jobs” or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
- In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
- When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the “We Do Freelance Jobs”. The material may be deleted.
5. PRIVACY AND CONFIDENTIALITY.
A. Registered User Content.
- You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content”), (c) any other content of a personal nature including but not limited to your resume, biography, work history. You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
- You hereby assign to “We Do Freelance Jobs” your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing “We Do Freelance Jobs” products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
- Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
- We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
B. Removal of Content for which Copyright Infringement Is Claimed.
- Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act, “We Do Freelance Jobs” has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a User of the Website, please fill out a Notice of Infringement form and email it to email@example.com
- The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at such website.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Freelancer to locate the material.
(d) Information reasonably sufficient to permit the Freelancer to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(g) Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
- Additionally, you are required to provide a Notice of Infringement form each time you wish to report alleged acts of infringement and email it.
6. REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
- not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
- to be fully responsible and liable for any action of any user who uses your Account.
- not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
- not to allow any third party who is not authorized to do so to use your Account at any time.
- not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website.
- not to intercept or expropriate any system, data or personal information from the Website.
- not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
- that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
- that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
- that they will not use the Website or its services to defraud or mislead any person or entity, including without limitation “We Do Freelance Jobs” or any Register User.
- that they will not use the Website to violate any law or regulation of the United States of America or any international law or treaty.
- that they are not currently and have never been listed as a Specially Designated National by the United Stated Department of Treasury’s Office of Foreign Assets Control (“OFAC”).
B. Warranty Disclaimer. THE SERVICES PROVIDED BY “We Do Freelance Jobs” 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 WEBSITE BY ANY THIRD PARTY.
C. Limitation of Liability. IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER 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.
D. General Release. If you have a dispute with another Registered User, you release “We Do Freelance Jobs” from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
E. Links. The Website may contain links to third-party web sites not under the control or operation of “We Do Freelance Jobs”. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
F. Data. You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on “We Do Freelance Jobs” part to store, backup, retain, or grant access to any information or data for any period.
7. MISCELLANEOUS TERMS AND CONDITIONS
- Compliance with Law. You are responsible for compliance with applicable U.S. state, U.S. federal and international laws, regulation and treaties.
- Modification and Waiver. “We Do Freelance Jobs” will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of “We Do Freelance Jobs”. No delay or omission by “We Do Freelance Jobs” in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
- Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of “We Do Freelance Jobs”, and any attempt to do so will be null and void. “We Do Freelance Jobs” may assign these Terms of Service in its sole discretion.