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This agreement sets out the terms and conditions ('Terms
and Conditions') applicable to users of the service operated by
FreelanceOne.com ("the service"). Applicants (referred to as 'users') must
agree to the following Terms and Conditions. In the event a user breaches
or otherwise fails to comply with any provision of these Terms and
Conditions then in addition to any other remedy available to
FreelanceOne.com,
FreelanceOne.com may terminate the participation of such user in the service
and/or may withhold any payments due to the user.
By clicking on the "SIGNUP" link and/or any
other links thereafter on this website, you will be automatically
confirming that you have read, understand, and will abide by the terms and
conditions of this website. In no event will FreelanceOne.com and
the operators of this website be held responsible and liable for any
claims or demand arise, nor makes any warranty, guarantee, express or
implied, regarding the fitness of the product or services offered.
You further acknowledge and agree to
released and discharged the providers, owners, operators and creators of
this website from any and all liability that might arise. You
understand that bookmarking this page and/or any other pages thereafter on
this website to your system shall constitute an implicit acceptance of the
foregoing agreements set forth herein.
Eligibility Requirements All persons applying for participation in
the FreelanceOne.com service shall be aged 18 years or over. Programmers/ITs
applying for participation in the service must have a minimum of two (2)
years commercial programming/IT experience. FreelanceOne.com shall have
absolute discretion with regard to the acceptance of each application for
participation in the service.
User Accounts You are authorized to create only one (1) user
account either as a Webmaster/Client or as a Programmer/IT at any given time. You are strictly prohibited from creating user accounts as both a
Webmaster/Client and a Programmer/IT or creating multiple user accounts under
different usernames, identities and business entities. Any violations will
result in full suspension of your user account(s) without further notice.
Offensive Material Users may not use the FreelanceOne.com website to post
offensive or abusive material nor to make any kind of defamatory remark
concerning other FreelanceOne.com users. If you have any concerns or complaints
about any other FreelanceOne.com user please contact us.
Removal From Network FreelanceOne.com reserves the right to
terminate the participation of any user or site without reason but
expressly including any user site that FreelanceOne.com judges to be in violation
of the Terms and Conditions. Users in violation of the Terms and
Conditions will be banned from further participation in the service and
their account(s) terminated with immediate effect and without further
notice. Users in violation of the Terms and Conditions will not receive
any credit or payment due from FreelanceOne.com. Users that are terminated by
FreelanceOne.com on any basis other than violation of these Terms and Conditions
will be entitled to receive any payment due from FreelanceOne.com.
Referral Commissions The referral commission paid by
FreelanceOne.com is
set out on the Referrals page. FreelanceOne.com reserves the right to change the
rate of such commission without prior notice. In the event that the rate
of referral commission is changed, such change shall take immediate effect
and shall be applied to all new referrals, but shall not be backdated nor
applied to any referrals in place prior to notification of such rate
change. You may not refer yourself, nor sign up for multiple
accounts, to collect referral fees, nor partner with any other
FreelanceOne.com
user to share/transfer the commission made from your own account. Any
breach of this condition will result in both parties being immediately
banned from the service.
Payments FreelanceOne.com will, at the user's request, print and mail
checks (cheques) PROVIDED the user has sufficient funds available in their
FreelanceOne.com account and the request for funds is for an amount not less than
the minimum permissible withdrawal set. This provision also applies to
payments made by bank wire and the PayPal service. All amounts are quoted
and paid in US$ Dollars. As previously stated, any user site that
FreelanceOne.com
removes from the service due to violation of the Terms and Conditions will
receive no credit or payment.
Copyrights Any unauthorized use of intellectual property without
the explicit written permission of it's owners may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes. No copyrighted material may be posted on the
FreelanceOne.com website except by the author of such material, or by way of an
example constituting no more than 10% of the whole of the copyrighted
material. This condition is intended to protect the author's rights.
Modifications FreelanceOne.com reserves the right to make
changes and modify the user Terms and Conditions at anytime without prior
notices. It is the user's responsibility to check these
Terms and Conditions from time to time for any such changes. In the event
that FreelanceOne.com offers any additional or replacement services, this
agreement shall apply to such services in the absence of any new agreement
specific to such services which is entered into between the parties.
Ownership Users agree that all information contained in the
FreelanceOne.com website , and all information compiled by
FreelanceOne.com through
operation of the affiliate program, is the proprietary information of
FreelanceOne.com. Personal information provided by users to
FreelanceOne.com will be
kept confidential and will not be distributed to any third party.
E-mail Addresses Users are strictly prohibited from posting
any email
addresses or contact information to the FreelanceOne.com website except where required in the sign-up
form. See "Avoiding Commissions" below.
Providing Contact Information Users may not , other than to provide
examples of work, demos or with the express permission of
FreelanceOne.com, post
details of URLs to the FreelanceOne.com website. Furthermore users may not post
details of email addresses, ICQ, AIM, MSN Messenger, telephone numbers,
postal addresses, or any other form of contact information, to the
FreelanceOne.com website except where requested in the signup process. Additionally, during the bidding period (before a Programmer/IT has been
selected for a project) users may not contact any other FreelanceOne.com user
except to discuss details of a project via the FreelanceOne.com message boards. When a Programmer/IT is selected for a project,
FreelanceOne.com will notify both
Webmaster/Client and Programmer/IT of the other user's email address and only
then are users permitted to contact each other directly.
Avoiding Commissions Under no circumstances must Programmer/IT
post deliberately misleading or false bids in an attempt to win a project
and then re-negotiate their fee directly (outside of FreelanceOne.com) with the
Webmaster/Client. You are strictly prohibited from attempting, by whatever
means, to negotiate the fee for a project with another user directly
during the bidding period (before a Programmer/IT has been selected for a
project). This condition also applies to any project that was closed
without a Programmer/IT being selected. Should any user approach you in such
regard, you are obliged to report the matter to FreelanceOne.com
immediately. The FreelanceOne.com website is closely monitored at all times and
any attempt to defraud FreelanceOne.com will result in immediate termination of
the relevant user(s) account(s), permanent banning of the user(s) from
the FreelanceOne.com website and may also lead to the instigation of appropriate
legal action against the user(s) involved.
Furthermore, both parties are responsible for notifying FreelanceOne.com if the
payment amount for a project increases (above the bid amount) after the
project is closed. Receiving/paying a larger amount than the original
project bid, without notifying us, will be considered an attempt to
defraud FreelanceOne.com of commissions.
Users must pay all amounts owing to FreelanceOne.com within 21 days of such
amounts becoming due for payment. Any amounts still outstanding after such
period will result in the immediate suspension of the user's account and
may also lead to the instigation of appropriate legal action.
Selecting a Programmer/IT Users are aware that by awarding a project
to a Programmer/IT via the FreelanceOne.com website and the Programmer/IT accepting
such offer, both parties are entering into, and will be bound by, a
legally enforceable contract. You cannot withdraw from a project
once you have given your agreement via FreelanceOne.com except by mutual consent
with the other party.
Right to Reject All requested projects, descriptions and bids are
subject to FreelanceOne.com approval. FreelanceOne.com reserves the right to reject,
cancel or remove any projects, descriptions and bids at any time for any
reason whatsoever.
Featured Projects The following
conditions are here to prevent abuse of the "Featured project" feature on
FreelanceOne.com. The maximum amount of money a Programmer/IT can
receive for a "Featured project", through the FreelanceOne.com, without
being charged a fee, is US$2,500. Any amount received above US$2,500
will be subject to the regular fee of 5%. Note that this condition
only applies to money received with the FreelanceOne.com; you can receive
more than US$2,500 for a single "Featured project", without being charged
a fee, if the payment is made outside of FreelanceOne.com. If this
condition applies to a payment you received on FreelanceOne.com, you must
notify us of the amount so that we can apply a 5% fee to the amount above
US$2,500. Failure to notify us could result in temporary account
suspension.
Advertising You are prohibited from advertising your website, or
any other website on FreelanceOne.com without prior approval from
FreelanceOne.com.
Any URL posted in a bid, project description, or the message boards, will
constitute a breach of these Terms and Conditions.
The Role of FreelanceOne.com FreelanceOne.com functions as a venue to connect
Webmaster/Client and Programmer/IT in a virtual marketplace. As a neutral
facilitator, FreelanceOne.com is not directly involved in the actual transactions
between users of it's website. As a result, FreelanceOne.com has no control over
the truth, accuracy, quality, legality, or safety of postings made by it's
users. Furthermore, FreelanceOne.com cannot and does not, at present , confirm
the identity of users, nor confirm nor verify the qualifications,
background, or abilities of it's users. We therefore recommend that you
exercise due diligence when dealing with any user(s) on the
FreelanceOne.com
website. Users are strongly urged to read the User Guidelines before
entering into any transaction via the FreelanceOne.com website. If you have any
concerns or complaints about any FreelanceOne.com user please contact us.
FreelanceOne.com cannot refund any monies transferred (erroneously or otherwise)
to, and withdrawn by, another user via the FreelanceOne.com payment system and
will not be held liable for any financial loss resulting from the use or
misuse of the FreelanceOne.com payment system. All financial transactions which
take place on the FreelanceOne.com website are made at the user's own risk. However,
FreelanceOne.com under no obligation to do so, FreelanceOne.com will, without
prejudice, make every effort to mediate in any dispute, financial or
otherwise, that may from time to time arise between it's user's. You are
encouraged to report any irregularities, breaches of these Terms and
Conditions and/or any other contentious matters to us
as soon as possible.
Privacy Statement To view our
Privacy Statement, please
Click Here.
Miscellaneous This agreement supersedes all prior
and/contemporaneous agreements and users have relied upon no
representations, oral or otherwise, not contained within this agreement.
FreelanceOne.com reserves the right to change the terms upon which it offers its
bid program to the public and may from time to time change this agreement. Users continued participation in the bid program following such changes
shall be deemed an assent to such changes. Breach of these Terms and
Conditions will result in legal action under local copyright and trademark
laws and international treaties. FreelanceOne.com may at any time revise the
contents of these Terms and Conditions by updating this posting. You are
bound by any such revisions and should therefore periodically visit this
page to review the current Terms and Conditions.
The contents of this web site are registered
and fully protected under the United States Copyright Act. No
portion of this web site may be copied, reproduced, distributed,
duplicated, downloaded, transmitted, store, sell, resell or exploit for
any commercial purposes, any portion of the service, use of the service,
access to the service or otherwise used without the express written
consent of FreelanceOne.com is prohibited by law.
Willful infringement of copyright and intellectual property may result in
the award of statutory damages of up to US$100,000 per act of
infringement, attorneys fees, seizure and destruction of infringing
materials, and injunction against further acts of infringement.
The Federal Bureau of Investigation (FBI) investigates criminal acts of
copyright infringement.
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