Wednesday, May 6, 2009
Tuesday, May 5, 2009
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TERMS AND CONDITIONS OF SERVICE
Please review carefully the terms and conditions set forth below before using the GetAFreelancer.com web site. The terms "You", "Your", "User", or "Users" refer to anyone accessing our services or web site for any reason. The terms "We", "Us", or "Our" refer to GetAFreelancer.com (or GetAFreelancer). The GetAFreelancer.com web site is offered to you conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein. GetAFreelancer.com may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your use of the GetAFreelancer.com web site constitutes your agreement to all such terms, conditions, restrictions and notices. Note: For purposes of this agreement, Users are classified as Service Buyers or Service Providers, or Hirers or Freelancers, respectively or jointly as the "Parties" and individually as a "Party".
ELIGIBILITY FOR REQUIREMENTSGetAFreelancer.com shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service. GetAFreelancer.com's web site is available only to individuals who can form legally binding contracts under applicable law. The services of this web site are not available to minors. If Users do not qualify, they cannot legally use any of GetAFreelancer.com's services including, but not limited to, those that require the User's ability to form legally binding contracts.
REMOVAL FROM NETWORKGetAFreelancer.com reserves the right to terminate the participation of any member or site without reason but expressly including any member site that GetAFreelancer.com judges to be in violation of the Terms and Conditions.Members in violation of GetAFreelancer.com's Terms and Conditions will be immediately deactivated. GetAFreelancer.com may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from GetAFreelancer.com. Members that are terminated by GetAFreelancer.com on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from GetAFreelancer.com.
DESCRIPTION OF SERVICESGetAFreelancer.com offers a wide range of tools, content, products, services, benefits, and other resources on its GetAFreelancer.com web site of particular interest to freelancers and to enable freelancers to efficiently and cost effectively manage their careers, professions, and businesses. These services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services or content (in whole or in part), access to this service or use of this service.
Some of the services offered at GetAFreelancer.com may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. User understands and agree to the following:
Some of the content provided at GetAFreelancer.com may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that GetAFreelancer.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
GetAFreelancer.com is a dynamic time-sensitive web site. As such, the information on GetAFreelancer.com will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by GetAFreelancer.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
GetAFreelancer.com provides unmonitored access to third-party content. GetAFreelancer.com is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. GetAFreelancer.com does not control nor always review the web sites to which we link from GetAFreelancer.com. We, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from GetAFreelancer.com, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
GetAFreelancer.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. We expect that the User will undertake necessary activities and practices and will use caution and common sense when using GetAFreelancer.com for User's account.
REFERRAL COMMISSIONSThe referral commission paid out will be the one listed on the Referrals page. You may not refer yourself, nor sign up for multiple accounts to collect referral fees. You may also not partner with any other GetAFreelancer.com user to share/transfer the commission made from your own account, or else both parties will be kicked from the service without payment. GetAFreelancer.com reserves the right to delay or cancel sending affiliate earnings if we believe the referred user will not pay the fees they were charged, since affiliate commissions are based on those fees.
PAYMENTSGetAFreelancer.com will typically print and mail cheques if the member requests it AND their account balance is equal to or greater than $30. This also applies to payments made through the PayPal service. All amounts are stated in and all payments will be made in US funds. GetAFreelancer.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen creditcard) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your GetAFreelancer.com account or face account termination.As previously stated, any member site that GetAFreelancer.com removes from the service due to violation of the Terms and Conditions will receive no credit or payment.
ESCROW SERVICES
At your request, GetAFreelancer.com will accept an advance payment from a Hirer for a project. We will hold such funds ("Escrowed Funds") until the Hirer and the Freelancer agree that the funds should be released to the Freelancer or until the Hirer and the Freelancer have concluded the process of the Dispute Resolution Services (as defined below) Once a Hirer instructs GetAFreelancer.com to pay a Freelancer that performed a service for him/her, the Hirer acknowledges that the Freelancer has completed the service fully and satisfactory. GetAFreelancer.com will then disburse the Escrowed Funds to the Freelancer. If a Hirer does not approve of the Freelancers work product, the Parties agree to be bound by the terms of Dispute Resolution Services below.
By using GetAFreelancer.com for the Escrow Services, You expressly acknowledge that GetAFreelancer.com is not acting in a fiduciary capacity for either Hirer or Freelancer.
Dispute Resolution Services (valid since 11/22/2008 00:00 EST)
GetAFreelancer.com offers the Dispute Resolution Services only to those registered users that have elected to use the Escrow Service. You agree and acknowledge that (i) GetAFreelancer.com is not providing legal services,(ii) GetAFreelancer.com will not advise you regarding any legal matters and (iii) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on GetAFreelancer.com for any such counsel. You agree to indemnify and hold harmless GetAFreelancer.com and any of our affiliates against any damages or liability you may suffer as a result of using the Escrow Services and/or Dispute Resolution Services.
In the event of any dispute between a Hirer and a Freelancer regarding return/release of Escrowed Funds, either Hirer or Freelancer may request Dispute Resolution Services through GetAFreelancer.com. We will then notify both Hirer and Freelancer that the matter will be addressed through the Dispute Resolution Services.
It is agreed by You that You will make every endeavor at fair play and post reasonable and fair demands/offers.
Our dispute resolution services are applied to the escrows with the amount equal to or more than $30 only.
Dispute Resolution Process
Round 1 - Automated Resolution
GetAFreelancer.com's automated resolution process allows the Parties to settle disputes through the GetAFreelancer.com's Web Site software. The software compares the Parties' offers and demands on a round-by-round basis.
Each Party will have 3 opportunities to settle the dispute. One offer/demand ("Bid") is entered for each round and each Party. A Party initiates the process by submitting a Bid to pay/return the opponent party 100%, 75%, 50% or 25% of the money in Escrow. The responding Party is instantly notified through the Web Site and then has 7 days to respond with his/her Bid. If no Bid is submitted within 7 days, the opponent Party's Bid is implemented. If a responding Bid is submitted, the software compares the response to the opponent Party's Bid. When the responding Bid is equal to the opponent Party's Bid, the dispute is settled.
If no Bids match after 3 rounds the software will suggest a solution ("Auto-offer") based on the Parties Bids. The Auto-offer is presented to both parties. The Parties then have 7 days to either accept or reject the Auto-offer. If any Party rejects the Auto-offer the Dispute Resolution Process proceeds to round 2. In case if one of the parties fails to respond to the Auto Offer, this fact will mean that this party agrees with the Auto Offer.
Round 2 - Submit Evidences and Arbitration Fee Estimates
The Parties have 7 days to submit/upload all the material ("Evidences") the Parties want GetAFreelancer.com to consider if the dispute has to be resolved through Arbitration. Within 7 days from the time when all Evidences have to be submitted both Parties will be able to review the Evidences submitted/uploaded and also review GetAFreelancer.com estimated Arbitration Fee (GetAFreelancer.com charge 2% or USD 10, whichever is greater, from Escrowed Funds for estimating the Arbitration Fee). Within 3 days each Party must either (i) accept one of the opponents previously submitted Bids, (ii) accept GetAFreelancer.com's Auto-offer, or (iii) agree to proceed to Arbitration (see Round 3 below). If a Party fails to react within 3 days the dispute is decided in the opponents favor and the latest Bid submitted by that Party is implemented. If both Parties want to continue each Party must deposit 50% of the estimated Arbitration Fee in advance (min. Arbitration fee is USD 10). GetAFreelancer.com may, at its own discretion, decide to offer a credit to a Party. If a Party fails to deposit its part of the Arbitration Fee within 7 days (or get a credit by GetAFreelancer.com) the dispute is decided in the opponents Party's favor. If both Parties deposit their part of the Arbitration Fee the Dispute Resolution Process proceeds to Arbitration (round 3). If both parties fail to deposit fees, auto offer is implemented
Round 3 - Arbitration
GetAFreelancer.com shall serve as the arbitrator in a dispute between the Parties that have elected to use the Escrow Service and requested that a dispute shall be addressed through the Dispute Resolution Services. You acknowledge and agree that GetAFreelancer.com will only consider the Evidences submitted on time.GetAFreelancer.com shall render its decision within 14 days after the submission of a dispute to arbitration. During this time, the Parties are encouraged to continue to negotiate an amicable settlement. In the event that the Parties reach a settlement, the Party which initiated the Dispute Resolution Services shall notify GetAFreelancer.com of such settlement, and GetAFreelancer.com shall terminate the Dispute Resolution Services. You agree that the decision of GetAFreelancer.com, acting as an arbitrator during our rendering of the Dispute Resolution Services, shall be final and binding. Accordingly, after we have rendered a decision, we will disburse Escrowed Funds from our escrow account in accordance with our decision.
GetAFreelancer.com offers the Dispute Resolution Services only to those registered users that have elected to use the Escrow Service. Any other dispute regarding arrangements between Freelancers and Hirers remain solely between Hirers and Freelancers. We are not involved in any transactions between You and any other users of GetAFreelancer.com. You acknowledge and agree that GetAFreelancer.com will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release GetAFreelancer.com from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
Dispute Resolution Services (valid before 11/22/2008 00:00 EST)
Any disputes regarding arrangements between Freelancers and Hirers remain solely between Hirers and Freelancers. We are not involved in any transactions between you and any other users of GetAFreelancer.com. You acknowledge and agree that GetAFreelancer.com will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release GetAFreelancer.com from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
E-MAIL ADDRESSESMembers agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by GetAFreelancer.com at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Service Provider (or you are the Service Provider chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, etc... See "Avoiding Commissions" below for the reason.
PROVIDING CONTACT INFORMATIONYou are prohibited from making direct contact with another member, unless it's for a project you (a Service Provider) have been picked for, or you (a Service Buyer) have picked a Service Provider for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. GetAFreelancer.com provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Featured" projects. If a project has the "Featured" graphic on it, that means the Service Buyer has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board.
AVOIDING COMMISSIONSYou are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of GetAFreelancer.com) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). But this also applies to any project that was closed without a Service Provider being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying GetAFreelancer.com if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying us, will be considered an attempt to avoid the commissions. When a Service Provider requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the Service Provider has failed to notify GetAFreelancer.com staff of a payment received above the amount of his bid (a total payment above US$100), GetAFreelancer.com reserves the right to deduct double the fee for the amount that should have been reported. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on GetAFreelancer.com.
COPYRIGHTSNo copyrighted material can be posted on GetAFreelancer.com. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights.
USER CONTENTUser is solely responsible for content or any other information User provides to GetAFreelancer.com. User understands and agrees to the following:
GetAFreelancer.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. GetAFreelancer.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for GetAFreelancer.com, harm our business operation or reputation, or cause GetAFreelancer.com to lose the services of our suppliers.
User represents and warrants that User's content: (a) 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; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) 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.
By submitting User content to GetAFreelancer.com (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a Project; sending messages through or to GetAFreelancer.com). You hereby grant to GetAFreelancer.com a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of GetAFreelancer.com (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
USER RESTRICTIONSAdvertising
Users are prohibited from advertising your website on GetAFreelancer.com. Any URL posted in a bid, project description, or the message board, must relate to a project on GetAFreelancer.com. An example of a permissible URL: User's portfolio or resume' page.
Bidding
Service Providers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This applies to Service Buyers too. Service Buyers cannot create projects that directly or indirectly require Service Providers to place hourly or other abnormal bids. The only exception, for both Service Buyers and Service Providers, is when the project is featured. See featured project information at page.
Hirer agrees that:
Hirer will not redistribute any of the content on GetAFreelancer.com.
Hirer will not use Hirer's Account to post false or misleading project descriptions. Hirer will not post project descriptions that are inappropriate to GetAFreelancer.com's audience, viewers, or visitors in the judgment and discretion of GetAFreelancer.com.
Hirer agree to pay featured project fee if project posted should have been posted as featured.
Hirer will not falsify Hirer's own or any other identity.
Hirer will comply with all GetAFreelancer.com's policies.
Freelancer agrees that:
Freelancers are strictly forbidden to redistribute any of the content (information) on GetAFreelancer.com, including but not necessary limited to private messages, documents, support tickets.
Freelancer will not falsify Freelancer's own or any other identity.
Freelancer will comply with all GetAFreelancer.com policies.
General Restrictions
Users (Hirers and Freelancers) will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the GetAFreelancer.com web site or the content contained therein without the prior written permission of GetAFreelancer.com.
Users (Hirers and Freelancers) will not distribute unsolicited commercial messages ("spam") through User's account.
Users (Hirers and Freelancers) will not contact employers or freelancers through our site or through information gained from our site with the intent of subverting them from using our services.
Users (Hirers and Freelancers) will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Users (Hirers and Freelancers) will not create multiple user accounts to avoid fees, suspension or bad ratings on GetAFreelancer.com.
Registration and Processing of your Personal Data
Your personal information will be processed by Us in order to fulfil the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between Us and other companies in Our group of companies. At such transfer, personal data may be transferred outside the EEC-area. By entering into this agreement, You hereby approve such processing of your personal information as set forth above, including processing of your personal identification number, and hereby give such consent as required by the Swedish Personal Data Protection Act (Sw. personuppgiftslagen 1998:204). The consent hereby given can in whole or in part be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below.
GetAFreelancer.com discloses sensitive personal information only if required to comply with legal obligations or with your consent.
APPLICABLE LAW
Any dispute arising out of or in connection with these User Terms shall be settled by the Swedish courts. These User Terms shall be governed by Swedish law.
ELIGIBILITY FOR REQUIREMENTSGetAFreelancer.com shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service. GetAFreelancer.com's web site is available only to individuals who can form legally binding contracts under applicable law. The services of this web site are not available to minors. If Users do not qualify, they cannot legally use any of GetAFreelancer.com's services including, but not limited to, those that require the User's ability to form legally binding contracts.
REMOVAL FROM NETWORKGetAFreelancer.com reserves the right to terminate the participation of any member or site without reason but expressly including any member site that GetAFreelancer.com judges to be in violation of the Terms and Conditions.Members in violation of GetAFreelancer.com's Terms and Conditions will be immediately deactivated. GetAFreelancer.com may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from GetAFreelancer.com. Members that are terminated by GetAFreelancer.com on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from GetAFreelancer.com.
DESCRIPTION OF SERVICESGetAFreelancer.com offers a wide range of tools, content, products, services, benefits, and other resources on its GetAFreelancer.com web site of particular interest to freelancers and to enable freelancers to efficiently and cost effectively manage their careers, professions, and businesses. These services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services or content (in whole or in part), access to this service or use of this service.
Some of the services offered at GetAFreelancer.com may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. User understands and agree to the following:
Some of the content provided at GetAFreelancer.com may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that GetAFreelancer.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
GetAFreelancer.com is a dynamic time-sensitive web site. As such, the information on GetAFreelancer.com will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by GetAFreelancer.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
GetAFreelancer.com provides unmonitored access to third-party content. GetAFreelancer.com is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. GetAFreelancer.com does not control nor always review the web sites to which we link from GetAFreelancer.com. We, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from GetAFreelancer.com, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
GetAFreelancer.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. We expect that the User will undertake necessary activities and practices and will use caution and common sense when using GetAFreelancer.com for User's account.
REFERRAL COMMISSIONSThe referral commission paid out will be the one listed on the Referrals page. You may not refer yourself, nor sign up for multiple accounts to collect referral fees. You may also not partner with any other GetAFreelancer.com user to share/transfer the commission made from your own account, or else both parties will be kicked from the service without payment. GetAFreelancer.com reserves the right to delay or cancel sending affiliate earnings if we believe the referred user will not pay the fees they were charged, since affiliate commissions are based on those fees.
PAYMENTSGetAFreelancer.com will typically print and mail cheques if the member requests it AND their account balance is equal to or greater than $30. This also applies to payments made through the PayPal service. All amounts are stated in and all payments will be made in US funds. GetAFreelancer.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen creditcard) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your GetAFreelancer.com account or face account termination.As previously stated, any member site that GetAFreelancer.com removes from the service due to violation of the Terms and Conditions will receive no credit or payment.
ESCROW SERVICES
At your request, GetAFreelancer.com will accept an advance payment from a Hirer for a project. We will hold such funds ("Escrowed Funds") until the Hirer and the Freelancer agree that the funds should be released to the Freelancer or until the Hirer and the Freelancer have concluded the process of the Dispute Resolution Services (as defined below) Once a Hirer instructs GetAFreelancer.com to pay a Freelancer that performed a service for him/her, the Hirer acknowledges that the Freelancer has completed the service fully and satisfactory. GetAFreelancer.com will then disburse the Escrowed Funds to the Freelancer. If a Hirer does not approve of the Freelancers work product, the Parties agree to be bound by the terms of Dispute Resolution Services below.
By using GetAFreelancer.com for the Escrow Services, You expressly acknowledge that GetAFreelancer.com is not acting in a fiduciary capacity for either Hirer or Freelancer.
Dispute Resolution Services (valid since 11/22/2008 00:00 EST)
GetAFreelancer.com offers the Dispute Resolution Services only to those registered users that have elected to use the Escrow Service. You agree and acknowledge that (i) GetAFreelancer.com is not providing legal services,(ii) GetAFreelancer.com will not advise you regarding any legal matters and (iii) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on GetAFreelancer.com for any such counsel. You agree to indemnify and hold harmless GetAFreelancer.com and any of our affiliates against any damages or liability you may suffer as a result of using the Escrow Services and/or Dispute Resolution Services.
In the event of any dispute between a Hirer and a Freelancer regarding return/release of Escrowed Funds, either Hirer or Freelancer may request Dispute Resolution Services through GetAFreelancer.com. We will then notify both Hirer and Freelancer that the matter will be addressed through the Dispute Resolution Services.
It is agreed by You that You will make every endeavor at fair play and post reasonable and fair demands/offers.
Our dispute resolution services are applied to the escrows with the amount equal to or more than $30 only.
Dispute Resolution Process
Round 1 - Automated Resolution
GetAFreelancer.com's automated resolution process allows the Parties to settle disputes through the GetAFreelancer.com's Web Site software. The software compares the Parties' offers and demands on a round-by-round basis.
Each Party will have 3 opportunities to settle the dispute. One offer/demand ("Bid") is entered for each round and each Party. A Party initiates the process by submitting a Bid to pay/return the opponent party 100%, 75%, 50% or 25% of the money in Escrow. The responding Party is instantly notified through the Web Site and then has 7 days to respond with his/her Bid. If no Bid is submitted within 7 days, the opponent Party's Bid is implemented. If a responding Bid is submitted, the software compares the response to the opponent Party's Bid. When the responding Bid is equal to the opponent Party's Bid, the dispute is settled.
If no Bids match after 3 rounds the software will suggest a solution ("Auto-offer") based on the Parties Bids. The Auto-offer is presented to both parties. The Parties then have 7 days to either accept or reject the Auto-offer. If any Party rejects the Auto-offer the Dispute Resolution Process proceeds to round 2. In case if one of the parties fails to respond to the Auto Offer, this fact will mean that this party agrees with the Auto Offer.
Round 2 - Submit Evidences and Arbitration Fee Estimates
The Parties have 7 days to submit/upload all the material ("Evidences") the Parties want GetAFreelancer.com to consider if the dispute has to be resolved through Arbitration. Within 7 days from the time when all Evidences have to be submitted both Parties will be able to review the Evidences submitted/uploaded and also review GetAFreelancer.com estimated Arbitration Fee (GetAFreelancer.com charge 2% or USD 10, whichever is greater, from Escrowed Funds for estimating the Arbitration Fee). Within 3 days each Party must either (i) accept one of the opponents previously submitted Bids, (ii) accept GetAFreelancer.com's Auto-offer, or (iii) agree to proceed to Arbitration (see Round 3 below). If a Party fails to react within 3 days the dispute is decided in the opponents favor and the latest Bid submitted by that Party is implemented. If both Parties want to continue each Party must deposit 50% of the estimated Arbitration Fee in advance (min. Arbitration fee is USD 10). GetAFreelancer.com may, at its own discretion, decide to offer a credit to a Party. If a Party fails to deposit its part of the Arbitration Fee within 7 days (or get a credit by GetAFreelancer.com) the dispute is decided in the opponents Party's favor. If both Parties deposit their part of the Arbitration Fee the Dispute Resolution Process proceeds to Arbitration (round 3). If both parties fail to deposit fees, auto offer is implemented
Round 3 - Arbitration
GetAFreelancer.com shall serve as the arbitrator in a dispute between the Parties that have elected to use the Escrow Service and requested that a dispute shall be addressed through the Dispute Resolution Services. You acknowledge and agree that GetAFreelancer.com will only consider the Evidences submitted on time.GetAFreelancer.com shall render its decision within 14 days after the submission of a dispute to arbitration. During this time, the Parties are encouraged to continue to negotiate an amicable settlement. In the event that the Parties reach a settlement, the Party which initiated the Dispute Resolution Services shall notify GetAFreelancer.com of such settlement, and GetAFreelancer.com shall terminate the Dispute Resolution Services. You agree that the decision of GetAFreelancer.com, acting as an arbitrator during our rendering of the Dispute Resolution Services, shall be final and binding. Accordingly, after we have rendered a decision, we will disburse Escrowed Funds from our escrow account in accordance with our decision.
GetAFreelancer.com offers the Dispute Resolution Services only to those registered users that have elected to use the Escrow Service. Any other dispute regarding arrangements between Freelancers and Hirers remain solely between Hirers and Freelancers. We are not involved in any transactions between You and any other users of GetAFreelancer.com. You acknowledge and agree that GetAFreelancer.com will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release GetAFreelancer.com from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
Dispute Resolution Services (valid before 11/22/2008 00:00 EST)
Any disputes regarding arrangements between Freelancers and Hirers remain solely between Hirers and Freelancers. We are not involved in any transactions between you and any other users of GetAFreelancer.com. You acknowledge and agree that GetAFreelancer.com will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release GetAFreelancer.com from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
E-MAIL ADDRESSESMembers agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by GetAFreelancer.com at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Service Provider (or you are the Service Provider chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, etc... See "Avoiding Commissions" below for the reason.
PROVIDING CONTACT INFORMATIONYou are prohibited from making direct contact with another member, unless it's for a project you (a Service Provider) have been picked for, or you (a Service Buyer) have picked a Service Provider for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. GetAFreelancer.com provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Featured" projects. If a project has the "Featured" graphic on it, that means the Service Buyer has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board.
AVOIDING COMMISSIONSYou are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of GetAFreelancer.com) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). But this also applies to any project that was closed without a Service Provider being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying GetAFreelancer.com if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying us, will be considered an attempt to avoid the commissions. When a Service Provider requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the Service Provider has failed to notify GetAFreelancer.com staff of a payment received above the amount of his bid (a total payment above US$100), GetAFreelancer.com reserves the right to deduct double the fee for the amount that should have been reported. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on GetAFreelancer.com.
COPYRIGHTSNo copyrighted material can be posted on GetAFreelancer.com. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights.
USER CONTENTUser is solely responsible for content or any other information User provides to GetAFreelancer.com. User understands and agrees to the following:
GetAFreelancer.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. GetAFreelancer.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for GetAFreelancer.com, harm our business operation or reputation, or cause GetAFreelancer.com to lose the services of our suppliers.
User represents and warrants that User's content: (a) 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; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) 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.
By submitting User content to GetAFreelancer.com (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a Project; sending messages through or to GetAFreelancer.com). You hereby grant to GetAFreelancer.com a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of GetAFreelancer.com (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
USER RESTRICTIONSAdvertising
Users are prohibited from advertising your website on GetAFreelancer.com. Any URL posted in a bid, project description, or the message board, must relate to a project on GetAFreelancer.com. An example of a permissible URL: User's portfolio or resume' page.
Bidding
Service Providers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This applies to Service Buyers too. Service Buyers cannot create projects that directly or indirectly require Service Providers to place hourly or other abnormal bids. The only exception, for both Service Buyers and Service Providers, is when the project is featured. See featured project information at page.
Hirer agrees that:
Hirer will not redistribute any of the content on GetAFreelancer.com.
Hirer will not use Hirer's Account to post false or misleading project descriptions. Hirer will not post project descriptions that are inappropriate to GetAFreelancer.com's audience, viewers, or visitors in the judgment and discretion of GetAFreelancer.com.
Hirer agree to pay featured project fee if project posted should have been posted as featured.
Hirer will not falsify Hirer's own or any other identity.
Hirer will comply with all GetAFreelancer.com's policies.
Freelancer agrees that:
Freelancers are strictly forbidden to redistribute any of the content (information) on GetAFreelancer.com, including but not necessary limited to private messages, documents, support tickets.
Freelancer will not falsify Freelancer's own or any other identity.
Freelancer will comply with all GetAFreelancer.com policies.
General Restrictions
Users (Hirers and Freelancers) will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the GetAFreelancer.com web site or the content contained therein without the prior written permission of GetAFreelancer.com.
Users (Hirers and Freelancers) will not distribute unsolicited commercial messages ("spam") through User's account.
Users (Hirers and Freelancers) will not contact employers or freelancers through our site or through information gained from our site with the intent of subverting them from using our services.
Users (Hirers and Freelancers) will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Users (Hirers and Freelancers) will not create multiple user accounts to avoid fees, suspension or bad ratings on GetAFreelancer.com.
Registration and Processing of your Personal Data
Your personal information will be processed by Us in order to fulfil the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between Us and other companies in Our group of companies. At such transfer, personal data may be transferred outside the EEC-area. By entering into this agreement, You hereby approve such processing of your personal information as set forth above, including processing of your personal identification number, and hereby give such consent as required by the Swedish Personal Data Protection Act (Sw. personuppgiftslagen 1998:204). The consent hereby given can in whole or in part be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below.
GetAFreelancer.com discloses sensitive personal information only if required to comply with legal obligations or with your consent.
APPLICABLE LAW
Any dispute arising out of or in connection with these User Terms shall be settled by the Swedish courts. These User Terms shall be governed by Swedish law.
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