GetMeAFreelancer.com

Company & Conditions

User Agreement for GetMeAFreelancer.com

This is an important document which you must consider carefully when choosing whether to use the www.GetMeAFreelancer.com website at any time.

This Agreement was last modified on 30 November 2009.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH GETMEAFREELANCER OFFERS YOU ACCESS TO OUR SERVICES.

Acceptance of User Agreement

This user agreement ("User Agreement" or "Agreement") is a contract between you and GetMeAFreelancer.com(together "GetMeAFreelancer.com", "we" or "us") which operates the www.GetMeAFreelancer.com website ("Site"). The Site is offered to you conditional on your acceptance of the User Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement.

This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and GetMeAFreelancer.com as to its subject matter.

If you do not agree to any of these terms and conditions you should immediately cease to use the Site. Please note that we may close, suspend, or limit your access to your GetMeAFreelancer.com account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to your funds if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.

Amendment of User Agreement

GetMeAFreelancer.com may amend or modify this User Agreement in whole or in part from time to time, without notice, by posting an amended User Agreement on the Site or any linked information. Such updated version of the User Agreement will be effective at the time we post it.

1. ELIGIBILITY

GetMeAFreelancer.com offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities who can form legally binding contracts under applicable law. Without limiting the foregoing, this Site are not available to persons under 18 years of age. If Users do not qualify, they cannot use any of GetMeAFreelancer.com's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us.

2. USERS

The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.

GetMeAFreelancer.com.s provides a venue to introduce Users who wish to provide professional services ("GetMeAFreelancer") and Users who seek such professional services ("Hirers")(respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together online to complete, invoice and pay for projects.

3. LEGAL RELATIONSHIP BETWEEN YOU AND GETMEAFREELANCER

3.1 Termination

GetMeAFreelancer.com reserves the right to terminate the participation of any User without reason but expressly including any User that GetMeAFreelancer.com judges to be in violation of the User Agreement. Without limiting the foregoing, GetMeAFreelancer.com may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else.s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

3.2 Relationship between Users

The only parties to a project are the Freelancer and the Hirer. Upon the Hirer awarding a project to a Freelancer and the Freelancer.s acceptance of a project on the Site, the Hirer agrees to purchase, and the Freelancer agrees to deliver the Provider Services in accordance with the following agreements: (1) the User Agreement; and (2) the User Services Agreement between the Hirer and Freelancer available on the Site, as amended from time to time; (3) any other contractual provisions accepted by both the Freelancer and Hirer uploaded to the Site, to the extent not inconsistent with the User Agreement; and (4) the project terms as awarded and accepted on the Site, to the extent not inconsistent with the User Agreement.

You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a member contract in conflict with the User Agreement is void.

3.3 User Responsibilities

The responsibilities of the Freelancer and Hirer are set out in the Services Agreement between Freelancer and Hirer.

When you enter into a transaction you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement.

You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). 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 Hirer or Freelancer, or in any other uses you make of the Site.

If another user breaches any obligation to you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, GetMeAFreelancer.com has no responsibility for enforcing any User rights.

3.4 No Insurance

GetMeAFreelancer.com does not offer any form of insurance or other Hirer or Freelancer protection which will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Hirers and Freelancers. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.

Because user identification on the Internet is difficult, we cannot and does not confirm each User's purported identity.

3.5 Independent Contractors

Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.

3.6 Services offered by GetMeAFreelancer.com

GetMeAFreelancer.com offers a wide range of tools, content, products, services, benefits, and other resources on the 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 the Site 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. No warranty is made that the information is accurate or reliable and GetMeAFreelancer.com and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.

3.7 Terms of use

The User understands and agrees to the following terms:

Our Site merely acts as an online venue to allow Users to offer and buy professional services. You acknowledge and agree that GetMeAFreelancer.com is not involved in the actual transaction between the Freelancers and Hirers. As a result, GetMeAFreelancer.com has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Freelancers to provide the services or the Hirers to pay for the services. We do not guarantee that a User will actually complete a transaction or act lawfully in using the Site.

Some of the content provided at the Site 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 GetMeAFreelancer.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.

The Site is a dynamic time-sensitive web site. As such, the information on the Site 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 GetMeAFreelancer.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.

GetMeAFreelancer.com provides unmonitored access to third-party content. GetMeAFreelancer.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. GetMeAFreelancer.com does not control nor always review the web sites to which we link from the Site. GetMeAFreelancer.com, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.

GetMeAFreelancer.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. GetMeAFreelancer.com expect that the User will undertake necessary activities and practices and will use caution and common sense when using GetMeAFreelancer.com for User's Account.

4. FEES

All fees are set forth in the summary of GetMeAFreelancer.com.s fees and charges which can be found on the Site. All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified.

GetMeAFreelancer.com earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by GetMeAFreelancer.com that are accessible through the Site and to cover expenses and fees GetMeAFreelancer.com incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, GetMeAFreelancer.com transfers the remaining payment amount to the Freelancer.

GetMeAFreelancer.com charges fees in relation to the posting of a project; selecting a Freelancer; posting a featured project; hiding a project from search engines; hiding bids from other Users; posting a full time project; project commission fees; and other miscellaneous fees that are described on the Site.

Users can choose various membership programs to subscribe to different levels of participation on the Site which will incur additional fees.

5. MILESTONE PAYMENTS

5.1 Not an escrow service

GetMeAFreelancer.com does not operate an escrow service. GetMeAFreelancer.com does have, however, a special, non-compulsory feature, which allows controlled payments to be made with respect to a project to a GetMeAFreelancer. At your request, GetMeAFreelancer.com will accept an advance payment from a Hirer for a project. We will hold such funds ("Milestone Payments") 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 GetMeAFreelancer.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.

GetMeAFreelancer.com will then disburse the Milestone Payment to the Freelancer. If a Hirer does not approve of the Freelancer.s work product, the Parties agree to be bound by the terms of the Dispute Resolution Services set out below.

5.2 Inactive Users

In the event that the Hirer has not provided any instruction to GetMeAFreelancer.com with respect to a Milestone Payment within 1 year after the day that the Milestone Payment was made, and has not logged in during that time period, such Milestone Payment will be refunded to the User account of the person who initially paid it.

6. ACCOUNTS

6.1 Opening Account

To become a User and access the Site and Services you must register for an "Account.. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.

7.2 Accounts

You agree that you will not receive interest or other earnings on the funds that GetMeAFreelancer.com handles as your contractor. GetMeAFreelancer.com may receive interest on those funds. GetMeAFreelancer.com will not be liable for any lost interest on such funds.

All amounts are stated in and all payments will be made in US funds. GetMeAFreelancer.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 credit card) 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 GetMeAFreelancer.com account or face account termination and any other remedies available to GetMeAFreelancer.com to recover the funds.

Any User that GetMeAFreelancer.com removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.

GetMeAFreelancer.com requires you to make all payments to GetMeAFreelancer.com and to make payments to and accept payments from other Users in the purchase and sale of Services for GetMeAFreelancer.com projects directly through the mechanisms available on the Site. You understand and agree that GetMeAFreelancer.com will not hold funds (including Milestone Payments) delivered to GetMeAFreelancer.com from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of GetMeAFreelancer.com in any account, at any institution, or in any other manner GetMeAFreelancer.com may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by GetMeAFreelancer.com for general corporate purposes or otherwise, provided that GetMeAFreelancer.com will remain contractually obligated to make payment to you, as a Freelancer or Hirer, for any purchases and sales of Services provided by you through GetMeAFreelancer.com. To the extent GetMeAFreelancer.com is obligated to make payment to you, you will be an unsecured creditor of GetMeAFreelancer.com.

6.3 Acknowledgement

You acknowledge that: (1) GetMeAFreelancer.com is not a bank or other licensed financial institution and does not provide banking services; (2) the amounts shown as on deposit, including Milestone Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of GetMeAFreelancer.com to the User with respect to the purchase and sale of Services through GetMeAFreelancer.com; (3) GetMeAFreelancer.com is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute an escrow. By initiating and sending payments through GetMeAFreelancer.com, you appoint GetMeAFreelancer.com as your agent to obtain the funds and hold and to transfer such funds to the Freelancer or Hirer for Services, subject to these terms and conditions.

6.4 Inactive Accounts

User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will incur a dormant account fee of US$5 per month until either the Account is terminated or reactivated.

GetMeAFreelancer.com reserves the right to cancel Inactive Accounts with a nil or negative balance.

6.5 Chargebacks

You acknowledge and agree that any chargebacks (a chargeback occurs when a buyer rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Hirers through the Site are your responsibility and you will not hold GetMeAFreelancer.com liable for such. You agree that GetMeAFreelancer.com may reverse any such payments that are subject to chargeback via our Payment Processors. To cover the cost of processing chargebacks, GetMeAFreelancer.com assesses a US$20.00 fee to Users for credit and debit card payment chargebacks.

6.6 Insufficient funds in Accounts

If there are not sufficient funds in your User Account to meet outstanding fees and charges, GetMeAFreelancer.com reserves the right to collect any amounts owing to GetMeAFreelancer.com by any other legal means.

6.7 Taxes

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 by GetMeAFreelancer.com. These taxes will be added to fees billed to you, if applicable.

7. AVOIDING COMMISSIONS

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