This Agreement was last modified on 27 August 2019.
This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.
In this User Agreement:
"Account" means the account associated with your email address.
"Buyer" means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.
"Dispute Resolution Process" means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
"Frumlancers", "we", "our", "company" or "the company" or "us" means Frumlancers or the current website owner.
"Inactive Account" means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
"Local Job" or "Local Jobs" means a service we provide to match a Buyer with a Seller in relation to the provision of location specific services.
"Milestone Payment" means a payment made by the Buyer for the provision of Seller Services under a User Contract and which will be released in accordance with the section "Milestone Payments" of these terms and conditions.
"Project" or "Listing" means a job offered or awarded by a Buyer via the Website, which may include a Project listed by a Buyer, a Project awarded by a, a service bought by a Buyer from a Seller, and service awarded by a Buyer to a Seller.
"Seller" means a User that offers and provides services or identifies as a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.
"Seller Services" means all services provided by a Seller.
"Frumlancers Services" means all services provided by us to you.
"User", "you" or "your" means an individual who visits or uses the Website, including via the API.
"User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.
"Website" means the Websites operated by Frumlancers and available at: Frumlancers.com and any of its regional or other domains or properties, and any related Frumlancers service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.
By accessing the Website, you agree to the following terms with Frumlancers.
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website enables Users to work together online to complete and pay for Projects, buy and sell items or services and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties.
We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.
Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.
You will not use the Website if you:
are not able to form legally binding contracts;
are under the age of 18;
a person barred from receiving and rendering services under the laws of an applicable jurisdiction;
are suspended from using the Website; or
do not hold a valid email address.
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Subject to your local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.
Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not only the business or company) and Users remain responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
We may also, at our absolute discretion, cancel a User account.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
4. Using Frumlancers
While using the Website, you will not attempt to or otherwise do any of the following:
Post content or items in inappropriate categories or areas on our Websites and services; Frumlancers and its management reserve the right to remove or disqualify any content or images at their sole discretion, and this is a condition of use of the platform. In particular we discourage posting personal content and images.
infringe any laws, third party rights or our policies, such as the Code of Conduct;
fail to deliver payment for services delivered to you;
fail to deliver Seller Services purchased from you;
circumvent or manipulate our fee structure, the billing process, or fees owed to Frumlancers;
post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
transfer your Frumlancers account (including feedback) and Username to another party without our consent;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm Frumlancers, the Website, or the interests or property of Frumlancers users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization;
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
copy, modify or distribute rights or content from the Website or Frumlancers' copyrights and trademarks; or
harvest or otherwise collect information about Users, including email addresses, without their consent.
use Frumlancers to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc.).
5. Intellectual Property Rights Infringement
It is our policy to respond to clear notices of alleged intellectual property rights infringement. If you believe that your Intellectual Property Rights have been violated, please notify us and we will investigate.
6. Fees and Services
We may charge fees for certain services, such as introduction fees for Projects, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.
Unless otherwise stated, all fees are quoted in United States Dollars.
This section related to all promotions of free site credit provided under any program, including but not limited to site or email promotions.
From time to time, Frumlancers may provide site credits (for example US$20 off your next project) limited to certain users as a promotion. In these cases, the credit may be given in the form of coupon links or codes, emails, sms or advertisements.
This is subject to the following conditions:
All members of the program are subject to all other terms and conditions of the website, which in case of dispute, this section will prevail over.
All members of the program must be over the age of 16 years.
Users may be asked to provide verification of payment or other user information before receiving the credit.
Any site credit that has been given in relation to this promotion may expire at any time determined by the Company.
Any site credit will expire no longer than 30 days unless otherwise written on the promotion.
This site credit may only be used for the purpose of establishing a milestone payment, funding a prize for a new Contest, or payment of site fees including but not limited to project fees, contest fees, upgrades and memberships.
Frumlancers may require that redeeming users fill in and complete their profiles and/or pass identity checks before payments are released.
This promotion may be withdrawn for a specific user or set of users, if significant reversals, fraud or chargebacks are observed, if Frumlancers believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes, or for any other reason.
For any specific user, Frumlancers may choose to cap the maximum value of site credit accrued by an individual or collection of related individuals.
For avoidance of any doubt, no individual or collection of related individuals may accumulate more than US$1,000 of site credit.
Frumlancers reserves the right to disallow use of this promotion in its sole and absolute discretion, with respect to fair use of this promotion, or to prevent any suspected fraud.
Frumlancers reserves the right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes, in particular to request evidence of bona fide work being done in relation to any Project funded with the site credit.
Frumlancers reserves the right to cancel or amend this promotion at any time.
Frumlancers reserves the right to cancel the promotion in any region if it is deemed or becomes unlawful to offer the promotion to any resident of that region.
Frumlancers reserves the right to cap the total site credit available under the program.
For avoidance of any doubt, the total site credit available under any program is capped to US$10,000.
Any site credit may not be duplicated, sold, traded or transferred in any manner, including but not limited to being withdrawn for cash.
Frumlancers reserves the right to remove credit or remove users from participating in the program if the company determines the users to be acting in bad faith and are abusing the program.
The decisions of management are final. No correspondence will be entered into.
Any term or condition in these terms found to be void, unenforceable or illegal may be severed and the remaining terms and conditions will continue in full force and effect.
Frumlancers reserves the right to set the bonus credits for each individual user and to release said bonus credit in any currency the company sees fit.
Frumlancers is not liable for any loss or damage whatsoever which is suffered (including but not limited to, direct or consequential loss) or for any personal injury suffered or sustained in connection with entry into the competition or acceptance of the prize.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
Depending on your residency or location, you may be subject to certain ad valorem or other taxes (for example, GST in Australia), on certain fees that we charge. These taxes may be added to fees billed to you, if applicable.
You acknowledge that you must comply with your obligations under income tax and other tax provisions in your jurisdiction.
8. Payment Administration Agent
You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf.
Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by Frumlancers.
We may display your company or business name, logo, images or other media as part of the Frumlancers Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.
You acknowledge that we may use the public description of your Projects and the content of your profile information on the Website for marketing and other related purposes.
When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
will not violate any law or regulation;
will not be defamatory or trade libelous;
will not be obscene or contain pornography;
will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
will not contain material linked to terrorist activities
will not include incomplete, false or inaccurate information about User or any other individual; and
will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Will not contain content, projects or discussions which are not within accepted norms for this website’s community or the norms of the Jewish ultra-orthodox community. Frumlancers reserves the right to be the sole arbitrator and to decide what acceptable content is.
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of the United States, Israel or the EEC-area. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Frumlancers Services and may close your Account.
Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
11. Feedback, Reputation and Reviews
You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Frumlancers feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Frumlancers or its related entities, without our written permission.
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Project, Contest, item listed, user or service being performed on the Website.
We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorized by Frumlancers or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
13. Communication with Other Users
Internal communication systems of Frumlancers are still under development at this time. Initial communications and agreeing on project details should be conducted via the website or with Frumlancers’ staff involvement (email).
You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website’s public profile area, except for at our request or as otherwise permitted by us on the Website.
During this stage of development of the platform, exchanging contact information directly between a job poster and a freelancer is permitted.
In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function. During the development time that these features are not yet available, these terms should be confirmed in writing either in the available website communication systems or by email with Frumlancers’ staff included.
Frumlancers may use information such as your name, location, display or username, and/or your provided image/logo, in relation to the provision messaging services on the Website or in the mobile apps.
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
14. Identity / Know Your Customer
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your passport or drivers' license). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or Frumlancers Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
We reserve the right to update your particulars on the website in order to match any KYC documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided KYC documents and account information.
If you are not Frumlancers verified you may not be able to withdraw funds from your Frumlancers account, and other restrictions may apply. See the Know Your Customer and Identity Verification Policy for more details.
15. User Services
Upon the Buyer awarding a Project to the Seller, and the Seller's acceptance on the Website, or the purchase of an item by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Website.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.
Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Frumlancers and any User.
16. Special Provisions for Local Jobs
Each User acknowledges:
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);
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;
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.
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.
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;
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.
Failure to complete the service or task will constitute a breach of this User Agreement; and
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.
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:
set-off the negative amount with funds that you subsequently receive into your Account;
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);
reverse payments you have made from your Account to other User Accounts on the Website;
deduct amounts you owe us from money you subsequently add or receive into your Account; or
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:
we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
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;
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;
we are not acting as a trustee or fiduciary with respect to such funds or payments;
the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
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;
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;
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
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.
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:
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;
we believe that the beneficiary of the payment is someone other than you;
we believe that the payment is being made to a country where we do not offer our Service; or
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.
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 email@example.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.
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.
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.
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:
if we determine that you have breached, or are acting in breach of, this User Agreement;
if you under-bid on any Project in an attempt to renegotiate the actual price privately, to attempt to avoid fees;
if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
you do not respond to account verification requests;
you do not complete account verification when requested within 3 months of the date of request;
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;
to manage any risk of loss to us, a User, or any other person; or
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.
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:
the Buyer and Seller agree that the funds can be claimed by the Seller;
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;
the Buyer instructs us to pay a Seller for services performed by the Seller in respect of a Project or Contest; or
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.
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.
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."
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:
take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
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;
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;
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
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
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.
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.
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.
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:
the Website or any Seller Services or Frumlancers Services;
the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Seller Services or Frumlancers Services;
whether the Website or Seller Services or Frumlancers Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
whether defects in the Website will be corrected;
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;
any third party agreements or any guarantee of business gained by you through the Website, Seller Services or Frumlancers Services or us; or
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.
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:
any indirect, special, incidental or consequential damages that may be incurred by you;
any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
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.
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.
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.
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.
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.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
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.
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.
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:
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.
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.
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:
use of our services for any illegitimate or non bona fide purpose
creating problems with other users or potential legal liabilities
infringing the intellectual property rights of third parties
acting inconsistently with the letter or spirit of any of our policies
abuse of any staff members including inappropriate or unreasonable communications
abuse or poor performance in the Preferred Frumlancers Program
any attempt to use Frumlancers platform or services for any objectionable purpose
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 firstname.lastname@example.org.
Frumlancers Code of Conduct
Frumlancers has an obligation to conduct its business in accordance with all applicable rules, regulations and laws. We are committed to helping all Users act in a way that preserves trust and respect. This Code is meant as a guide to using our Site appropriately and must be followed at all times. Breaches of this Code are handled according to our Violations Policy will result in disciplinary action, up to, and including, account termination. Any questions regarding this Code should be addressed to the Frumlancers Support Team where we can provide you with additional information regarding the correct procedure(s) to follow, and address any concerns you may have.
I will act ethically and with integrity.
I will comply with all of Frumlancers’ policies.
I will respect the rights and sensitivities of all Users.
I will not abuse confidential information, or participate in any other illegal practice.
I will have regard for Users' interests, rights and safety.
I will not harass, bully or discriminate.
I will not falsify my own or any other identity and I will provide true and correct information.
I will not seek to communicate or receive payments off-site.
I will not agree to do work I am not capable of doing.
I will not request the upfront release of Milestone Payments before I have delivered work.
I will not use the website in a way which is incompatible with the sensitivities of the website’s intended communities.
I am responsible for the content I post on Frumlancers and:
I will not post content that infringes upon any copyright or other intellectual property rights.
I will not post content that violates any law or regulation.
I will not post content that is defamatory.
I will not post content that is obscene or contains pornography.
I will not post content that includes incomplete, false or inaccurate information about any person.
I will not post content that contains any viruses or programming routines intended to damage any system.
I will not post content that creates liability for Frumlancers or harms its business operations or reputation.
I will not post content that is incompatible with the sensitivities of the website’s intended communities.
I will respect confidentiality and privacy.
I will not disclose information or documents I have acquired, other than as required by law or where authorization is given by Frumlancers.
I will not ask other Frumlancers users for their private contact details and will communicate with them only through official website features.
I will not engage in fraud.
I will not create multiple accounts.
I will not use the Site to illegally transfer funds.
I will not use the Site to generate false feedback.
I will avoid exaggeration, derogatory remarks, and inappropriate references.
I will not engage in personal attacks, negative or other unfair criticism, and any unprofessional conduct.
I will not engage in any personal communication which is not relevant to the projects on the site and to professional or business needs.
I will not underbid to avoid fees.
I will not participate in projects involving illegal behavior.
I will only bid on projects that I plan to complete.
Spam or Advertising
I will not spam or advertise my website or service unless otherwise allowed.
I will not refer myself for the Affiliate Program.
I will not obtain names from mailing lists, group emails, etc to send unsolicited emails ("Spam").
I will not use Frumlancers to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).
Modified 27 August 2019
Our privacy obligations
We will review this policy regularly, and we may update it from time to time.
The types of personal information we collect and hold
We collect personal information about our users in order provide our products, services, and customer support. Our products, services, and customer support are provided through many platforms including but not limited to: websites, phone apps, email, and telephone. The specific platform and product, service, or support you interact with may affect the personal data we collect.
How we collect personal information
Information that you specifically give us
While you use our products and services you may be asked to provide certain types of personal information. This might happen through our website, applications, online chat systems, telephone, paper forms, or in-person meetings.
We may request, collect, or process the following information:
Account Details - username, password, profile picture.
Contact Details - email address, phone number.
Location Details - physical address, billing address, time zone.
Identity Details - full name, proof of identity (e.g. drivers license, passport), proof of address (e.g. utility bill), photograph of the user.
Financial Information - credit card details, wire transfer details, payment processor details (e.g. skrill, paypal), tax numbers.
User Generated Content - project descriptions and attachments, bid description, user profiles, user reviews, contest descriptions and attachment, user messages etc.
Information that we collect from others
Users may have the ability to invite non-users to our platform by providing contact details such as email address. In these situations, the information will be collected and stored by us to contact the non-user and to prevent abuse of the invite systems.
Your payment provider may transmit information about the payment that we may collect or process.
In some situations, personal information of users may be collected from public sources.
We may collect or process the following information:
Basic Details - username, profile picture.
Contact Details - email address, phone number.
Location Details - Physical Address, billing address, time zone.
Financial Information - payment account details (e.g. PayPal email address and physical address), and wire transfer details.
List of contacts - email provider address book.
User Generated Content - user profile.
Information we collect as you use our service
We maintain records of the interactions we have with our users, including the products, services and customer support we have provided. This includes the interactions our users have with our platform such as when a user has viewed a page or clicked a button.
In order to deliver certain products or services we may passively collect your GPS coordinates, where available from your device. Most modern devices such as smartphones will display a permission request when our platform requests this data.
When we are contacted we may collect personal information that is intrinsic to the communication. For example, if we are contacted via email, we will collect the email address used.
We may collect or process the following information:
Metadata - IP address, computer and connection information, referring web page, standard web log information, language settings, time zone, etc.
Device Information - device identifier, device type, device plugins, hardware capabilities, etc.
Location - GPS position.
Actions - pages viewed, buttons clicked, time spent viewing, search keywords, etc.
Links to other sites
How we use personal information
The information we request, collect, and process is primarily used to provide users with the product or service they have requested. More specifically, we may use your personal information for the following purposes:
to provide the service or product you have requested;
to facilitate the creation of a User Contract (see Terms of Service for more information);
to provide technical or other support to you;
to answer enquiries about our services, or to respond to a complaint;
to promote our other programs, products or services which may be of interest to you (unless you have opted out from such communications);
to allow for debugging, testing and otherwise operate our platforms;
to conduct data analysis, research and otherwise build and improve our platforms;
to comply with legal and regulatory obligations;
if otherwise permitted or required by law; or
for other purposes with your consent, unless you withdraw your consent for these purposes.
The 'lawful processing' grounds on which we will use personal information about our users are (but are not limited to):
when a user has given consent;
when necessary for the performance of a contract to which the user is party;
processing is necessary for compliance with our legal obligations;
processing is necessary in order to protect the vital interests of our users or of another natural person.
processing is done in pursuing our legitimate interests, where these interests do not infringe on the rights of our users.
We may use automated decision when helping matching users to jobs. The primary way this occurs is through how we rank users. These rankings may be produced by analyzing user generated content, user activity and the outcome of jobs; in this context, user generated content will include reviews that users receive when completing jobs. More information on these ranking guides can be found in our community articles. Automated or non-automated decision making may also be used to recommend potential jobs to our users and as a part of our marketplace security systems.
When we disclose personal information
Our third party service providers
The personal information of users may be held or processed on our behalf, including 'in the cloud', by our third party service providers. Our third party service providers are bound by contract to only use your personal information on our behalf, under our instructions.
Our third party service providers may include:
Cloud hosting, storage, networking and related providers
Payment and banking providers
Marketing and analytics providers
Other disclosures and transfers
We may also disclose your personal information to third parties for the following purposes:
if necessary to provide the service or product you have requested;
if we receive court orders, subpoenas or other requests for information by law enforcement;
if otherwise permitted or required by law; or
for other purposes with your consent.
Accessing, correcting, or downloading your personal information
You have the right to request access to the personal information Frumlancers holds about you. Unless an exception applies, we allow you to see the personal information we hold about you, within a reasonable time period, and without unreasonable expense for no charge. Most personal information can be accessed by logging into your account. If you wish to access information that is not accessible through the platform, or wish to download all personal information we hold on you in a portable data format, please contact us.
You also have the right to request the correction of the personal information we hold about you. All your personal information can be updated through the user settings pages. If you require assistance please contact our customer support.
Exercising your other rights
You have a number of other rights in relation to the personal data Frumlancers holds about you, however, there may be restrictions on how you may exercise the rights. This is largely due to the nature of the products and services we provide. Much of the data we collect is in order to facilitate contracts between users, facilitate payments, and provide protection for the legitimate users of our marketplace - these data uses are protected against the below rights.
You have the right to:
seek human review of automated decision-making or profiling
opt-out of direct marketing
Erasure - Most personal information and user generated content cannot be deleted as they are used to support contracts between users, document financial transactions, and are used in providing protecting other legitimate users of the marketplace.
To contact our Privacy Officer
If you have an enquiry or a complaint about the way we handle your personal information, or to seek to exercise your privacy rights in relation to the personal information we hold about you, you may contact our Privacy Officer as follows:
By Email: email@example.com
For the purposes of the GDPR, our Privacy Officer is also our Data Protection Officer (DPO).
While we endeavor to resolve complaints quickly and informally, if you wish to proceed to a formal privacy complaint, we request that you make your complaint in writing to our Privacy Officer, by mail or email as above. We will acknowledge your formal complaint within 10 working days of receipt.
If you are in the European Union, you can choose to instead lodge a complaint with your local Data Protection Authority (DPA). The list of DPAs is at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
Frumlancers Fees and Charges
Frumlancers is free to sign up, post a project, receive bids from freelancers, review the freelancer's portfolio and discuss the project requirements. If you choose to award the project, and the freelancer accepts, we charge you a small project fee relative to the value of the selected bid, as an introduction fee.
Note: During the initial stages of frumlancer.com, we may provide some or all of the services for free, until such a time as we decide to start charging as described here.
The cost and how this fee is charged depends on the type of project.
For fixed price projects, a fee of 3% or $3.00 USD (whichever is greater) may be levied at the time a project that has been awarded by you has been accepted by each freelancer you award. If you subsequently pay the freelancer more than the original bid amount we will also charge the project fee on any overage payments.
For hourly projects, a fee of 3% is levied on each payment that you make to the freelancer.
Optional project upgrades may be purchased.
Freelancer is free to sign up, create a profile, select skills of projects you are interested in, upload a portfolio, receive project notifications, discuss project details with the employer and bid on projects (free members may initially receive a limited amount of bid credits per month).
Once supported, optional bid upgrades may be purchased to promote a bid.
Note: During the initial stages of frumlancer.com, we may provide some or all of the services for free, until such a time as we decide to start charging as described here.
If you are awarded a project, and you accept, we charge you a small project fee relative to the value of the selected bid, as an introduction fee. If you are subsequently paid more than the original bid amount, we will also charge the project fee on any overage payments.
The fee for projects is 10% or $5.00 USD, whichever is greater.
During the early stages of Frumlancers.com, we do not provide any membership plans. Once we introduce them, the following will be relevant:
Select from a range of membership plans to determine the fees you pay for our service. You can work on the site as either an employer or freelancer as a free member, or gain additional benefits as a paid member by upgrading to a paid plan.
Memberships will recur on either a monthly or annual basis on the anniversary of your subscription, unless cancelled. If funds are insufficient we will try to renew your membership for up to 30 days, until funds are made available.
You may cancel your membership at any time from the user settings page, which will cease billing at the end of your subscription period without additional costs.
Note: During the early stages of Frumlancers.com, there are no or few additional features with additional fees. We do plan to occasionally provide new services. Check here for updates.
Transaction fees incurred for using Credit Card, PayPal or other payment providers.*
$0.30 USD + 2.3%
The arbitration fee for a milestone dispute is $5.00 USD or 5%, whichever is greater.
Our dispute resolution system is designed to allow both parties to resolve issues regarding milestone payments amongst themselves without arbitration.
After 4 days of a dispute being filed (or 7 days if the dispute is filed by the freelancer) either party may elect to move the dispute to paid arbitration. The other party will then have a further 4 days to agree to pay this fee and for both parties to submit any final evidence. If the other party fails to pay within time, they will lose the dispute.
Fees may be optionally levied depending on the method of withdrawal. Additional fees may be levied by the third party offering the withdrawal method.
We may impose a minimum withdrawal, after fees, of USD $30.
At the initial stage of Frumlancers, no maintenance fee is planned. We may impose such a fee at a later stage, as described below. In that case, we shall let you know about the change by your registered email.User Accounts that have not logged in for six months may incur a maintenance fee of up to $10.00 USD per month until either the account is terminated or reactivated for storage, bandwidth, support and management costs of providing hosting of the user's profile, portfolio storage, listing in directories, file storage and message storage.
Government taxes may apply, depending on your region.
The fees and charges summarized on this page are governed by the terms of the Frumlancers User Agreement and related site policies. The User Agreement includes other important terms and should be read in full. In particular, the User Agreement specifies the consequences of termination for violations of the User Agreement. Those consequences can include fines for damages that Frumlancers will sustain as a result of actions that breach the User Agreement.
Milestone Dispute Resolution Policy
Note: at the early stages of the Frumlancers website, the Milestone Resolution Process is not yet completely in place. We may not be able to enforce or handle all disputes as described here. In particular, we do initially not plan to take a fee. However, the users do commit to following this policy if Frumlancers so chooses.
This Policy sets out the dispute process to be followed when a Buyer and Seller who have used the Milestone Payment system elect to use to the Milestone Dispute Resolution process to resolve a dispute between them.
The Milestone Dispute Team
Both parties of the Dispute case can elect to have their dispute arbitrated by the Dispute Team. The role of the Dispute Team extends to making all actions necessary to resolve the case in an impartial manner. You acknowledge that the verdict of the Dispute Team is final, binding, and irreversible.
Once a dispute is opened, a Buyer is given 14 days to respond to it. Otherwise, they will automatically lose the dispute and the pending Milestone will be transferred to the Seller's account.
Once a dispute is opened, a Seller is given 4 workdays to respond to it. Otherwise, they will automatically lose the dispute and the pending Milestone will be returned to the Buyer's account.
Milestone Dispute Resolution Process
·STAGE 1 - 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 a Buyer) or wish to get paid for the Project (if a Seller). The amount could be between 0 and the total amount of the Milestone Payment(s) in question.
·STAGE 2 - Negotiations
At this stage, either party can negotiate for partial compensation, or (after a period of time) choose to have Frumlancers' 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.
·STAGE 3 - 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 may no longer be allowed to submit evidence. The dispute will be resolved based upon the evidence provided through the Dispute System, or that is otherwise available to the Dispute Team, such as the project description and correspondence between the parties.
Once the dispute has proceeded to Stage 4, further evidence may no longer be accepted.
·STAGE 4 - Arbitration
At Stage 4, the Dispute Team will review all evidence and other information provided to reach a decision (usually within 72 hours). Dispute verdicts are final, binding, and irreversible. The party who wins the dispute will be refunded their Arbitration Fee.
In the event that one of the parties of the Dispute has paid the Arbitration Fee, the other party will be given 4 days to pay the Arbitration Fee to move into Arbitration, and failure to do such will close the dispute by default, in favor of the party who initiated stage 4, with the arbitration fee initially paid refunded.
Evidential Requirements for Your Dispute
Should you elect to have the Dispute Team arbitrate your dispute, you agree to allow the Dispute Team to read all correspondence made on the Site and download or access, and test (if necessary), all uploaded files, programs, and websites related to the dispute for the sole purpose of having your dispute resolved.
You are highly encouraged to submit all the documents that would support your claims on your dispute.
Submit e-mail correspondences as screenshots or as *.eml files. If submitting screenshots, ensure that the "To", "From", and the "Date" bar is visible. E-mail correspondences sent in *.txt or *.doc or any word processing software will not be honored. For proof of external correspondence, users should provide screenshots of their entire unedited conversation.
IM (instant messenger) conversations should be submitted as screenshots of the conversation from the IM software. Correspondences sent in *.txt, *.doc, or any word processing software will not be honored.
Provide the products, contracts, and other files relating to the project and the dispute.
Frumlancers will retain the confidentiality of the project and the privacy of the involved users and will not release the collected information to any party unless required by law.
The fee for a milestone dispute is $5.00 USD or 5%, whichever is greater, payable by each party. The fee may then be refunded to the winner of the dispute. See the Fees and Charges for details.
COPYRIGHT INFRINGEMENT POLICY
Frumlancers respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Frumlancers' Copyright Agent with the information specified below in the form of a "Notification of Alleged Infringement." It is Frumlancers' policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are a User (as defined in the User Agreement) or subscriber and concerned about the removal of or blocked access to your content, please provide Frumlancers' Copyright Agent with the written information specified below in the form of a "Counter-Notification." The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).
DMCA NOTIFICATION OF ALLEGED COPYRIGHT INFRINGEMENT
If you would like to submit a claim of copyright infringement for material, please substantiate each claim by sending Frumlancers' registered Copyright Agent a Notification of Claimed Infringement at the email address below:
To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information:
Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed
Identification of the copyrighted material claimed to have been infringed
Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled
Information reasonably sufficient to permit Frumlancers to locate the material that is claimed to be infringing or to be the subject of infringing activity
Information reasonably sufficient to permit Frumlancers to contact person submitting the Notification, such as a physical address, email address, and telephone number
A statement that the person submitting the Notification 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
A statement that the information in the Notification is accurate, and under penalty of perjury, that the person submitting the Notification is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
If you elect to send us a Counter-Notification, please send an email or letter to Frumlancers's registered Copyright Agent at the email address below:
To be considered effective, a Counter-Notification must be submitted in writing and include the following information:
Physical or electronic signature of the User or subscriber or a person authorized to act on behalf of the User or subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the User or subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The User’s or subscriber's name, address, and telephone number, and a statement that (1) the subscriber consents to the jurisdiction of (a) (for USA addresses) the Federal District Court for the United States of America’s judicial district in which the address is located, or (b) (for non-USA addresses) the Federal District Court for the Northern District of California, USA, and (2) the User or subscriber will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.
Please note that under Section 512(f) of the United States Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of Users or subscribers who are repeat infringers.