16. Special Provisions for Local Jobs

Each User acknowledges:

1. Frumlancers does not review, approve, recommend or verify any of the credentials, licenses or statements of capability in relation to Local Jobs (or, for the avoidance of doubt, any non-Local Jobs on the Website);

2. Frumlancers provides matchmaking and platform services only. Users agree that Frumlancers has no liability for any other aspect of service delivery or interaction between Buyer and Seller. Frumlancers is not a party to any disputes between Buyer and Seller, although we provide a dispute resolution mechanism to assist the parties in resolving issues;

3. Frumlancers may from time to time include map features and Frumlancers may display the location of Users to persons browsing the Website on that map. Every Buyer seeking services for Local Jobs will be asked to provide the location where the Local Job is to be performed. You expressly agree that Frumlancers has no liability for displaying such information.

4. A User must never disclose, in any Project posted, personal details such as the User's name, street number, phone number or the email address in any Project description for a Local Job or in any other public communication on the Website (these may be disclosed for Local Jobs as required in private direct messages); Exceptions to this may be made during the initial phases of this platform as detailed elsewhere in this document.

5. Frumlancers may collect location related data from you via technologies including but not limited to GPS, IP address location, Wi-Fi, and other methods. This data may be shared in the context of facilitating services for Local Jobs and each User specifically consents to this collection and sharing as part of this agreement;

6. Upon completion of a Local Job Project, Seller User must log on to the Website and click the "Complete" button for that Local Job, as soon as practicable.

7. Failure to complete the service or task will constitute a breach of this User Agreement; and

8. Our fees are applied to the amount of the awarded Seller's bid to perform the services for the Local Job. Any items purchased by the Seller as part of performing the service are between the Buyer and Seller.

 

 

17. Funds

You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. If you are a Seller, you may have positive funds if you have successfully completed a Project, or sold an item, and funds have been released to you. There are also circumstances where funds may have been credited to your Account in relation to an affiliate program or a referral program.

Funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User's Accounts.

You are not entitled to any interest, or other earnings for funds that are in your Account.

We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.

If your Account has negative funds, we may:

1. set-off the negative amount with funds that you subsequently receive into your Account;

2. if you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency (at an exchange rate applied by us);

3. reverse payments you have made from your Account to other User Accounts on the Website;

4. deduct amounts you owe us from money you subsequently add or receive into your Account; or

5. immediately suspend or limit your Account until such time as your Account no longer has a negative amount.

In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

1. we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;

2. the funds which may be shown in your Account (which may include Milestone Payments and/or any prepayment of fees and charges which you owe to us) represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Seller Services through the Website and provision of the Frumlancers Services;

3. to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;

4. we are not acting as a trustee or fiduciary with respect to such funds or payments;

5. the amount of funds showing in your Account is not insured and is not a guaranteed deposit;

6. funds may only be loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Seller Services;

7. any refunds required to be processed in your favor may be returned only to the source of the original deposit, and cannot be redirected to any other payment source;

8. we may hold funds in respect of the amount of your Account (including Milestone Payments) in an account held by us with a financial institution or in any manner that we decide in our sole discretion from time to time and such funds are not segregated into a separate account; and

9. we may commingle your funds with funds of other Users and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.

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18. Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.

If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction, this may be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.

We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:

1. we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;

2. we believe that the beneficiary of the payment is someone other than you;

3. we believe that the payment is being made to a country where we do not offer our Service; or

4. we are required to do so by law or applicable law enforcement agencies.

If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behavior, while we investigate any such matter.

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19. Refunds

You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to a Milestone Payment or relates to fees or charges payable to us.

If the amount the User has asked to refund relates to: (1) a Milestone Payment, the Dispute Resolution Process may be followed; or (2) our fees and charges, the process set out in the Clause "Disputes with Us" must be followed.

If we agree to the refund, the funds may be received by the User via the same payment method(s) that the User used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by using our customer support website or emailing us at support@frumlancers.com. Once you have made a milestone payment, you expressly agree to use the dispute resolution process in this agreement, expressly agree to be bound by its ruling and expressly agree not to initiate any chargeback request with your card issuer.

If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

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20. Withdrawals

Your withdrawal of funds earned may be delayed for up to fifteen days for security and fraud purposes.

We may impose a minimum and/or maximum withdrawal amount for funds earned. This is set out in our schedule of Fees and Charges. The maximum you can withdraw per month is $10,000 unless otherwise specifically agreed with support.

We may require you to be Frumlancers Verified before you can withdraw funds from your Frumlancers account, irrespective of whether or not a delay has been enforced

You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy, as outlined in the section on "Identity / Know Your Customer" sections of this agreement.

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21. Chargebacks

A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.

You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Buyers through the Website, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.

You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors). If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

 

22. Inactive Accounts

User Accounts that have not been logged into for a period of time will incur a maintenance fee per month, until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User's profile, portfolio storage, listing in directories, promotion of your profile on the Website and elsewhere file storage, message transmission, general administrative matters and message and other storage costs.

The length of the period and the amount of the maintenance fee is set out in our schedule of Fees and Charges.

We reserve the right to close an Inactive Account.

We reserve the right to close an account with nil or negative funds.

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23. Right to Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

1. if we determine that you have breached, or are acting in breach of, this User Agreement;

2. if you under-bid on any Project in an attempt to renegotiate the actual price privately, to attempt to avoid fees;

3. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;

4. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;

5. you do not respond to account verification requests;

6. you do not complete account verification when requested within 3 months of the date of request;

7. you are the subject of a United Nations, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;

8. to manage any risk of loss to us, a User, or any other person; or

9. for other reasons.

If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.

Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may take legal action against you to recover losses.

If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

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24. Milestone Payments

We do not operate an escrow service in relation to the Website. We may however, provide a service on this Website which allows controlled payments to be made with respect to a service, called Milestone Payments.

Subject to the User Contract, the Buyer can make a Milestone Payment, which will be locked from the Buyer's Account and cannot be claimed by the Seller until:

1. the Buyer and Seller agree that the funds can be claimed by the Seller;

2. if there is a dispute, the Buyer and Seller have concluded the Dispute Resolution Process and the Dispute is resolved in the Seller's favor;

3. the Buyer instructs us to pay a Seller for services performed by the Seller in respect of a Project or Contest; or

4. the Buyer acknowledges that the Seller has completed the services fully and satisfactory.

If a Buyer does not approve of the Seller's work product, the parties may elect to resolve the issue under the Dispute Resolution Process.

If we have not received any instructions or dispute from a Buyer or Seller in respect of a Milestone Payment within three months or any other reasonable length of time after the day that the Milestone Payment was paid and the Buyer has not logged into their Account during that time, the Milestone Payment will be unlocked and released back to the Buyer.

 

25. Milestone Dispute Resolution Services

Frumlancers offers Milestone Dispute Resolution Services to Users who have elected to use the Milestone Payment feature. You agree and acknowledge that: (i) Frumlancers is not providing legal services; (ii) Frumlancers 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 Frumlancers for any such counsel.

In the event of a dispute between a Buyer and a Seller regarding a return or release of Milestone Payments, either Buyer or Seller may elect to use the Milestone Dispute Resolution Services offered by Frumlancers as set out in the Milestone Disputes Policy. The Buyer and Seller will then be notified that the matter will be addressed through Milestone Dispute Resolution Services.

You agree to indemnify and (to the maximum extent permitted by law) hold Frumlancers and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Milestone Payments and/or Milestone Dispute Resolution Services.

Frumlancers will respond to disputes initiated by a Seller or a Buyer in accordance with the Milestone Dispute Resolution Services as set out in this clause and the Milestone Disputes Policy and in relation to disputes that arise in relation to the provision of the venue, and the hosting of the Website by Frumlancers as set out in the clause entitled Disputes with Us, along with the approach to disclosing information in relation to chargebacks set out in clauses of this agreement

 

26. Other Disputes with Users

You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.

If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Project we encourage you to contact us .

You agree that any dispute that is not related to a Milestone Payment (which must be dealt with in accordance with the Milestone Disputes Policy) arising between you and another User will be handled in accordance with this clause. Frumlancers will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Frumlancers shall have the right to request the Seller and the Buyer to provide documentation in support of their claim or position in relation to the dispute. You agree that Frumlancers has absolute discretion to accept or reject any document provided. You also acknowledge that Frumlancers is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Frumlancers and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.

In relation to disputes with any other users of the Website, you hereby agree to indemnify Frumlancers from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Milestone Dispute Resolution Services for Milestone Payments and/or for Other Disputes.

The Frumlancers Code of Conduct applies to all the services offered by Frumlancers, including, but not limited to, the Milestone Dispute Resolution Services. It is agreed by you that you will make every endeavor at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.

A User found to be in breach of the Code of Conduct during the Milestone Dispute Resolution Service process may automatically lose the dispute in favor of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Conduct may also incur further disciplinary action. For more information, read the Code of Conduct.

 

27. Disputes with Us

If a dispute arises between you and Frumlancers, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at support@ frumlancers.com.

For any claim, Frumlancers may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. Frumlancers may elect to resolve the dispute via Din Torah or arbitration in an orthodox Bet Din of its choice. If Frumlancers elects external arbitration, such arbitration may be initiated through an established alternative dispute resolution (ADR) provider, which may be selected by you from a panel of ADR providers that Frumlancers will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Frumlancers must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Frumlancers may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Frumlancers has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Frumlancers will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Frumlancers' failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

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28. Currencies

Some of the Websites may display rates in the local currency of that Website. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates may be only indicative.

You are responsible for all risks associated with converting and maintaining funds in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decreases in the value of your funds in aggregate. You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider.

All information included on the Website in respect of currency conversion is general information only. Use of currency conversion is at your own risk. Currency conversions are final and irreversible.

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29. Survival and Release

This agreement supersedes any other agreement between you and the Company. If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect. Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this documents. We may assign any of our rights and obligations under this document from time to time.

If there is a dispute between participants on this site, or between users and any third party, you agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

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30. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our API or application programming interface, for any purpose without our express written permission.

Additionally, you agree that you will not:

1. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;

2. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of Frumlancers and the appropriate third party, as applicable;

4. interfere or attempt to interfere with the proper working of the Websites, services or tools, or any activities conducted on or with the Websites, services or tools; or

5. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

 

31. Privacy

We use your information as described in the Frumlancers Privacy Policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details may be used for identity purposes in the normal course of conducting business in this online marketplace. This may include on invoices and purchase orders including but not limited to between transacting parties, including those automatically generated on awarding, accepting and payment.

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32. Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and Frumlancers Services.

In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.

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33. Security

You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, your Account or the Frumlancers Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.

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34. No Warranty as to Each User's Purported Identity

We cannot and do not confirm each User's purported identity on the Website. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.

We may provide an additional service where we verify part of a User’s information such as background. We shall make an effort to verify details by personal conversations and communication, but do not commit to the correctness even in that case.

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35. No Warranty as to Content

The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.

Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

1. the Website or any Seller Services or Frumlancers Services;

2. the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Seller Services or Frumlancers Services;

3. whether the Website or Seller Services or Frumlancers Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;

4. whether defects in the Website will be corrected;

5. whether the Website, the Seller Services or the Frumlancers Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Seller Services or Frumlancers Services;

6. any third party agreements or any guarantee of business gained by you through the Website, Seller Services or Frumlancers Services or us; or

7. the Website, Seller Services or Frumlancers Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

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36. Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

1. any indirect, special, incidental or consequential damages that may be incurred by you;

2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;

3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Frumlancers services again or the payment of the cost of having the Frumlancers services supplied again.

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37. Legal 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. We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

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38. Notices

Legal notices may be served to the email address you provide to Frumlancers during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Any notices to Frumlancers must be given by registered post.

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39. Law and Forum for Legal Disputes

Frumlancers may elect to resolve any dispute via Din Torah or arbitration in an orthodox Bet Din of its choice.

Laws of the United States, Israel, the EU and other jurisdictions may apply.

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40. Severability

The provisions of this User Agreement are severable, and if any provision of this User 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 us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

 

41. Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

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42. No Waiver

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 section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

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43. Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

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44. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the Frumlancers Website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our Websites, including but not limited to:

• Privacy Policy

• Code of Conduct

• Milestone Dispute Resolution Policy

• Copyright Infringement Policy

Each of these policies may be changed from time to time. Changes take effect when we post them on the Frumlancers Website. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

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45. General

This Agreement contains the entire understanding and agreement between you and Frumlancers. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.

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46. Abusing Frumlancers

Frumlancers reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.

Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:

1. use of our services for any illegitimate or non bona fide purpose

2. creating problems with other users or potential legal liabilities

3. infringing the intellectual property rights of third parties

4. acting inconsistently with the letter or spirit of any of our policies

5. abuse of any staff members including inappropriate or unreasonable communications

6. abuse or poor performance in the Preferred Frumlancers Program

7. any attempt to use Frumlancers platform or services for any objectionable purpose

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47. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by emailing us at support@frumlancers.com.