Acceptance of User AgreementThis user agreement will be acting as a contract between you and servilance.com. It is mandatory for you as a user to go through the terms and conditions mentioned below before you start using the site. The acceptance of this agreement will depend on continuation of using the site for a particular span of time. This user agreement constitutes of all the policies and terms that are part of the entire agreement between you and Freelancer-clone.com. You should not be using the site once you don't agree with any of the terms and conditions. Carrying out activities that violate the user agreement will result to limitation, closure or suspension of your access to the services provided by the site. It may also result to limitation of your access to funds.
Amendment of User AgreementFreelancer-clone.com reserves the right to amend or modify the User Agreement in parts or as a whole during any period of time. The modification may be done without notice or without posting any such relevant links in the site. The modified or amended User Agreement will be immediately in effect from the time we post it.
1. ELIGIBILITYWe, Freelancer-clone.com provide our services to the users. We reserve the absolute right of discretion to accept or reject a particular applicant, willing to avail the service of the site. Our services are meant for individuals or corporate entities willing to abide by the legal contracts subjected to law. Our services are not meant for minors. Failing to qualify in accordance to the above mentioned clauses will bar the user from using the services of outonesource.com. Moreover, each of the users of our services is responsible for their account and must report to us in case of any unauthorized use.
2. USERSTerms like "You", "Your", "User" or "Users", used in the User Agreement refer to the people or users accessing the services provide by the site. The site acts a platform for those willing to deliver professional services and for those willing to avail these professional services. The site is a perfect place for users to work online in order to complete and invoice projects. It also enables payment for the projects.
2. LEGAL RELATIONSHIP BETWEEN YOU AND Freelancer-clone.com
Outsonesource.com reserves the right to terminate the participation of any user with or without reason. However, in most of the cases it is a result of violation of the User Agreement. The termination may also be based on the user's liability or if we think that he/she is trying to create problems or carrying out immoral or illegal activities. Contravening into other's intellectual property may also lead to termination of the user's participation.
3.2 Relationship between Users
The terms and conditions are made to offer protection to the hirer and the one, hired. The User Agreement will ensure that a hirer allotting a project to the hired and the hired accepts it. Once the hired accepts the project, the hirer gives his/her nod to purchase followed by the hired agreeing to deliver the project according to the needs. All these aspects are done with relevance to the User Agreement, the service agreement between the hirer and the hired, other provisions in accordance to the contracts and the project terms as mentioned in the site. However, the project terms should be relevant to the User Agreement.
Member contract or contractual provision that breaches the User Agreement will be treated as void. No member contract or contractual provision is expected to conflict with the User Agreement.
3.3 User ResponsibilitiesThe set of responsibilities from the part of the Hirer and the one, hired is clearly stated in the Service Agreement. Moreover, entering a transaction will make you legally bind you. It is confined to legal provisions unless prohibited by law in the User Agreement.
You also have to take the responsibility to ensure the fact that you comply with the obligations in respect to the other users. Failing to do so will make you liable to those users. You are also expected to be aware of the domestic and international laws along with ordinances and regulations related to the hirer and the hired or any other services provided by Freelancer-clone.com.
You are also responsible to make use of your rights that the law provides you. You can make use of it in case of breaches or obligation by any user. Freelancer-clone.com won't take any responsibility in these circumstances.
3.4 No InsuranceFreelancer-clone.com does not provide any insurance to the hirers or the hired. We only act as a platform to avail professional services. Moreover, we are also not involved by any way in the transactions or interactions between the hirers and the hired. However, we do offer some form of payment system mentioned in the site. They offer protection only up to a certain level. You must acquire vivid idea about these services before making any transaction through payment system.
3.5 Independent Contractors We treat each user as independent contractors so none of the provisions in the User Agreement supports partnership agreement or a joint venture or any sort of employment agreement between users or between the users and us.
3.6 Services offered by Freelancer-clone.comFreelancer-clone.com offers a variety of content, products, services, benefits, and other resources on the Site of particular interest to help in availing professional service. The Services provided are meant for use only during a non-transferable, non-exclusive and non-assignable license. No external party is allowed the right to sell or copy or make use of these for commercial purpose.
The sites also include feedback to questions by Users and opinions. Users can make use of this content at their own risk. We provide no warranty about the accuracy and reliability of these informations.
Content in the site pertaining to financial matters, legal matters, health matters are advisory. This information provided is informational and mainly serve non-advisory purposes. Users are free to confirm it from professionals of the respective field. Information provided by Freelancer-clone.com in legal, technical, professional, medical or other fields should not be regarded as ultimate.
This is a dynamic time sensitive web site. This makes it subjected to frequent changes. Information in this site may be harmful, inaccurate, offensive or deceptively labeled accidentally or purposefully by a third-party, with or without a legitimate business purpose.
We provide unmonitored access to the content of a third party. It is merely a platform which is not responsible to any third party content of the site. The content may be liable to laws of copyright, libel, defamation, obscene or any other legal discipline. This bars us from endorsing any content or link that may feature in our site. Users are asked not to treat any links or content as an endorsement.
Freelancer-clone.com is not equipped nor does it looks to have any resources to influence, verify, validate research or approve the content exchanged through this site. Users are suggested to take precautionary measures before making use of them.
3.8 PromotionIn absence of any explicit request, Freelancer-clone.com may display tour company name, logo and description of your projects as well as profile as part of its marketing tool.
3.9 Transfer between SitesAfter 20th September 2010, swapping your default currency will lead to the movement of agreement to the regional entity that corresponds to the selected currency.
4. FEESCharges for fees can be found on the site. Fees will be accepted in US dollars. Unless specified, all your transactions are displayed in terms of US dollars. Freelancer-clone.com charges fees for creating, maintaining and hosting a site that provides the user a platform to avail professional services. The fees also make for the cost that Freelancer-clone.com incurs to credit card companies, banks and other payment processors.
The fees are also charged in relevance to posting a project, hiding a project, hiding bids from other users and providing a number of other services. It also has a number of miscellaneous fees that are part of the fees structure of Freelancer-clone.com
Users are also free to choose from the various membership programs in order to determine their level of participation.
5. AFFILIATE PROGRAM
The affiliate program provides you the opportunity to receive payment from hired's Bonus. In order to participate, users are asked to comply with all the requirements. A good standing Account is also necessary for the participation.
5.2 Requirements for Referred Users
Referred users can also take part in the Affiliate program but the referred user should have a different IP address. The referred user needs to have pre-existing relationship with you. Obtaining referrals from group mail ids or third party bulk mailing system, customer list or other similar resources won't work. Sending spam for the process of recruitment may result to permanent closure of your account without the payment of any bonus.
5.3 Bonus Amount
The Bonus will be entirely based on the net project fee that is a result of total project fees minus chargebacks, refunds and reversals. The bonus will be based project fees and referrals.
5.4 Payout Period
Users are enabled to receive Bonus payouts for the initial 3 months of Referred User's Account ownership.
In order to avail the bonus, you need to sign up for the account through the supplied link or become a user or already have an account at the time of referral.
5.6 Discontinuance or modification of Program
Discontinuance or modification of Program can be bought into effect by providing you a seven days notice. In case of discontinuation of the Affiliate Program, you will get the bonus for all the referred Users, provided they have fulfilled the requirements.
Failure of fulfilling these terms will lead to termination of participation in the Affiliate Program.
6. MILESTONE PAYMENTS
6.1 Not an escrow service
Freelancer-clone.com is not operating an escrow service. However, it is not equipped with a specialized feature to ensure controlled payments in respect to the project or the hirer. Freelancer-clone.com may accept an advance payment from the hirer upon request. We are equipped with the expertise to hold that fund until the completion of the service. We will be ready to pay once instructed by the hirer to pay it to the desired hired individual or company.
However, we also have the expertise to block the payment until the work or the project is approved by the hirer.
6.2 Inactive Users
To handle inactive users, Freelancer-clone.com will refund the fund to the user in circumstances when the hirer has not provided any instruction or has not logged in during a prolonged time period.
7.1 Opening Account Opening an account in Freelancer-clone.com requires you to register for an "Account". You are expected to provide us true, accurate and complete information as required in the registration form. You are also suggested to update the information to maintain the completeness and truthfulness of the information.
You need to agree that you will not intervene in the other earnings or funds that Freelancer-clone.com manages. Moreover, in case of lost interest in those funds, we are not responsible by any means.
All payments will be made in US funds. We also reserve the right to suspend the source of fund if there is anything fraudulent. Funds received from any such sources are subjected to reverse immediately. In case, the transaction had been processed in spite of fraudulent funds, you are expected to return the funds to your account or else it may lead to termination of account. You are expected to assist us to curve transaction through fraudulent sources.
Users removed due to violation of User Agreement are not subjected to receive credit or payment. Moreover, the users will be liable to certain fees mentioned in the User Agreement.
Users are suggested to take payments through the transaction mechanism mentioned in the site. You are also expected to understand that we will not hold any funds but may deposit the funds along with other funds to make it accessible to other users. We may commingle the funds to pay to other users for general corporate services but will remain contractually obligated to make your payment as well for any purchase or sales of services provided by Freelancer-clone.com.
You must be aware that Freelancer-clone.com is not a licensed financial institution or a bank that offer you the respective services. The amounts displayed as deposit are unsecured obligations of Freelancer-clone.com to the user and not a separate account. We don't act as a trustee or fiduciary in respect to the funds. Amount transferred or stored are neither insured not guaranteed deposits. We will only act as an agent to obtain, hold ad transfer the funds to desired hired candidate.
7.4 Inactive Accounts
User Accounts that remain inactive for more than 365 days will have to incur a domain fee until the time their account is terminated or reactivated. Moreover, we reserve the right to cancel inactive accounts with nil or negative balance.
Accounts liable to chargebacks are completely the users' responsibility. You need to agree that Freelancer-clone.com may reverse any payments that are subjected to chargebacks.
7.6 Insufficient funds in Accounts
Freelancer-clone.com may make use of legal means to collect any amounts in case you have insufficient amount in your account to meet the outstanding fees.
You must be responsible for paying any taxes that includes goods and service taxes. You are also required to pay value added taxes that depends on the jurisdiction of the services provided by Freelancer-clone.com. If applicable, these taxes will be mentioned in the fees billed to you.
8. AVOIDING COMMISSIONS
8.1 Prohibition on negotiation of fee outside of Site
In all circumstances, you must avoid negotiating the fee for the project with the user directly outside the site. You need to take decisions regarding the fees on the provided platform once the project has been created and until it had been closed. This is also applicable for projects that were closed without choosing a service provider. The hirers and the hired are suggested to notify us in case the amount increases.
Under-bidding of projects must be avoided in order to renegotiate the actual price in private. This hampers the mechanism of an open playing field and is harmful for the open market place. In any way, Freelancer-clone.com will charge project commissions on the basis of transactions made through the account, irrespective of final bid amount. We are sure to offer a viable commission percentage for the services we provide. We strictly ensure full payment and don't entertain fee avoidance.
You are not required to post e-mail addresses on the site but you are required to fill in the "e-mail" field in the signup form. You can also make use of the message board that is available in the site to communicate to the service provider.
8.3 Providing contact information
You are also suggested not to make direct contact unless and until you are selected as a service provider for a project. The message board in the site is enough to communicate for pre-project planning. However, if you are picked for a full time project which requires the hirer to pay an advance fee, then exchanging contacts is suggested.
9. USER CONTENT
The User is entirely responsible for content or any other information the User provides. User need to understand the following:
9.2 Grant of License
You need to grant Freelancer-clone.com a perpetual, irrevocable, worldwide, exclusive, royalty-free license to make use of or copy or display or perform or modify User content free of liability to all worldwide intellectual property and proprietary rights worldwide. However, in order to get the license grant posting links of content in the portfolio that leads to content outside Freelancer-clone.com will not be of any use.
9.3 Feedback, Reputation and Reviews
While using the site as a hirer or a hired, you need to agree that with transferring the copyright of your reputation, reviews and feedback that consists of comments and rating to us. You also need to agree to the fact that the feedback belongs to us. We also reserve the right to use it on our Site as long as you remain a member. You are also barred from dealing with it in any way that counter Freelancer-clone.com's policies.
You also need to ensure that your activities will not destabilize the integrity of our feedback system. We have the sole right to terminate your membership at any time if feedbacks about you or the feedback rating system about you has the potential to create problem for our site.
Freelancer-clone.com also expects you not to make use of the feedback ratings. Though it is not limited but it is suggested to make use of the rating system to related companies in virtual venues only after a written permission from us.
10. USER RESTRICTIONS
We don't provide users any permission to advertise on our site. URLs posted on message board must be in relevance to the project description and project on Freelancer-clone.com. The permissible URL can only used on the resume of portfolio page.
Service providers are requested to bid in accordance to the total amount of the money asked for the project. They should avoid posting abnormal bids. This is also applicable for service buyers. This is only different in case of fulltime projects.
The Hirer must agree to the following:
The Hired must agree to the following:
10.5 Prohibited use of Site content
The content on the Site that includes data, messages, icons, software, information, text, sound, photos, music, feedback, reputation, graphics, video, reviews, code or other material entirely belongs to us. Using of the infrastructure that helps the mechanism of the site for any other purposes other than availing the services of the site is strictly prohibited. Users also need to agree that any material related to the site will not be used for the following purposes:
10.6 General restrictions
Users must also agree to the general restrictions which say that:
10.7 Consequences of termination
In case of termination due to violation of the User Agreement, the user will not be receiving any credit or payment from Freelancer-clone.com.
In fact, in case of violation of this User Agreement, you have to pay Freelancer-clone.com all fees that need to be paid for all the losses and costs along with the fees that we may incur while collecting such fees. You and Freelancer-clone.com have agreed that the damages that Freelancer-clone.com will sustain as a result of the breach the User Agreement will be substantial. It will be extremely difficult to ascertain such violation. In that case, Freelancer-clone.com may fine you with a certain amount. Moreover, if the damages caused by the violation of contract go beyond the amount of fine then you are liable to legal actions as well. We also reserve the right to deduct the amount from the account related to Freelancer-clone.com.
Moreover, in case of termination you will be left with no options to claim whatsoever on the ground of your membership.
11. DISPUTE RESOLUTION SERVICES
11.1 Dispute resolution services
Dispute Resolution Services are allowed only to those users who are registered to use of Milestone Payment Services. You must also be aware that we are not providing any legal services, no advisory legal services. If you are willing to avail legal services then you must avail it on independent legal counsel.
Dispute Resolution services can be availed on forwarding a request from the hirer or the hired. Our first step will involve notifying both the parties followed by the services of the Dispute Resolution Services. However, it is expected that you will always stick to fair play.
11.2 Dispute resolution process
To avail the Dispute resolution services, the users need to follow certain procedures. The users are expected to provide true informations during the procedure. This will help us to provide you the desired services. The various procedures on being properly followed will get you the desired result.
Round 1 - Automated resolution This process provides the parties to settle the disputes through our site. Each of the parties will be given 3 opportunities to settle the disputes. One party will offer a bid. One party needs to initiate the process by submitting 100%, 75%, 50% or 25% of the money of the Milestone Payment. It will leave the other party with 7 days to respond. In case of no response within 7 days, the opponent's party will be implemented. In case of response, the software in our site will compare the response to the opponent's bid. If it is equal, the dispute is settled.
Round 2 - Submit Evidence and Arbitration Fee is Estimated
The parties have 7 days to submit and upload the evidence. All the evidences will be reviewed by both the parties. We charge 2% or USD 10, which ever is greater. The parties are needed to accept the previously submitted bids or agree to proceed with the Arbitration. Failure of responding within 3 days will automatically settle the dispute in favor of the latest bid. However, if both the parties want to continue both the parties must deposit 50 % of the Arbitration Fee in advance. We reserve the right to offer credit to party. However, if a party fails to deposit the fee within 7 days the dispute will be settled in the favor of the opponent party. However, if both the parties succeed in depositing the fee, the Dispute resolution Process will proceed to the next level.
Round 3 - Arbitration
Freelancer-clone.com will be serving the role of an arbitrator in this dispute. We will be delivering our decision within 14 days. Evidences submitted within the given time will only be considered. However, during these 14 days time, we would like the two parties to settle the disputes. You have to agree about us acting as an arbitrator and in that case our decision will be rendered as final. After we deliver our decision, we will be disbursing the Milestone Payment as mentioned in the decision.
11.3 Freelancer-clone.com not a party to disputes
Disputes that are a result of arrangements between hirers and hired should be handled by the two only. We are not equipped to willing to provide you expertise to settle such disputes. You can't hold Freelancer-clone.com responsible for disputes with the other party. Hence, it is expected that users may have with the other users will be sorted out between them only.
12. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA
The personal information that you provide to us will be processed to complete the agreement. Your information may also be processed for marketing campaigns. On agreeing to the agreement, you are actually allowing us to process your personal information. However, we won't disclose your personal information for any such purpose which may make you liable to law.
Freelancer-clone.com also follows trademark policies.
14.1 Copyright of Freelancer-clone.com The content of the entire site belongs solely to oneoutsopurce.com. They are protected by the copyright law.
14.2 Copyright infringement In case of copyright infringement, we have a clear policy to deal with the cases. Subjected to copyright, we bar any concern or individual to make use of the information in order to gain commercial benefits. In case, we come across any such attempt, we will be left with no other but to take legal actions.
15. NO WARRANTY
Freelancer-clone.com has no involvement in the transaction between Hired and Hirers. The information provided in our site is not warranted. We don't provide the warranty that the information provided by out site will be accurate, reliable, free from viruses, error free, and free from other aspects that may damage your program.