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Welcome
to rentAfreelance.com.
USE OF THIS SITE OR THE SERVICES AVAILABLE FROM THE
DOMAIN/SUBDOMAINS OF RENTAFREELANCE.COM IMPLIES AN AGREEMENT TO
ABIDE BY AND BE BOUND BY THESE TERMS. Please read the following
terms and conditions carefully. We suggest that you
consult the Terms of Service and the linked information regularly
for updates. rentAfreelance.com may amend or modify
these terms and conditions without notice, effective immediately, by
updating this posting.
As used in the Terms of Service: “Member”
means a person or legal entity that registers for an Account with
rentAfreelance.com for use of the rentAfreelance.com Services
available from the 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
rentAfreelance.com
“User” means a person who is a
Member, using the Site on his or her own behalf, or a person who is
using the Site on behalf of a Member that is a company or
organization. “Service Provider” means a Member that offers and
delivers Services to Buyers on the Site. “Buyer” means a Member that
investigates and purchases Provider Services on the Site. “Visitor”
means a person who is only visiting the Site (i.e., not a Member or
User)
MEMBER
ELIGIBILITY
Our Services are
available only to legal entities and individuals in business who can
form legally binding contracts. It is rentAfreelance.com’s sole
discretion to refuse, suspend, or terminate service to anyone. In
order to protect the legal rights and recourse of both bidders and
sellers, all users of the site affirm that they are legal adults,
able to enter into contracts and at least 18 years of age. Persons
not meeting this requirement are not allowed to use any of
rentAfreelance.com's services including, but not limited to, those
that require the User's ability to form legally binding contracts.
REGISTRATION
To use the services available from
rentAfreelance.com you must register for an "Account". You must
provide true, accurate and complete information as prompted by the
registration form, and update such information to maintain its
truth, accuracy and completeness. rentAfreelance.com reserves the
right to suspend or terminate your Account if information you
provide is not complete or accurate.
SAFEGUARDING
YOUR PASSWORD
You agree to safeguard the User ID and
password you use to access rentAfreelance.com. You authorize us to
assume that any person using the Site with your User ID and password
either is you or is authorized to act for you. Your
rentAfreelance.com Account User ID may not be transferred or sold to
another party.
ENFORCEMENT OF SITE
POLICIES
We may issue a warning, suspend, or
terminate your account and refuse to provide any Services to you if:
(a) you breach any terms and conditions of the Terms of Service or
the linked policies and information incorporated herein by
reference, including our written policies and procedures posted on
the Site; (b) we are unable to verify or authenticate any
information you provide to us; or (c) we believe that your actions
may cause legal liability for you, our Members or for
rentAfreelance.com. In such event, you shall
continue to be obligated to pay rentAfreelance.com and any Service
Providers for any Services for which you have engaged from
rentAfreelance.com or such Service Providers in order to complete
any such transactions.
Once suspended or terminated, you may not
continue to use the rentAfreelance.com service under a different
Account or re-register under a new Account. In addition, violations
of the Terms of Service and the Site Policies may be prosecuted to
the fullest extent of the law and may result in additional penalties
and sanctions. rentAfreelance.com reserves the right to terminate
any User for any reason, at its sole discretion and to refuse to
provide registration and membership to you in the future. We will
notify you if we cancel your membership, unless in our judgment
giving notice would cause a risk of further violation or damages.
However, we will notify you that your Account will be canceled if
the law requires such notification. When your membership is
canceled, you may no longer have access to data, messages, files and
other material you keep on the Site.
Without limiting rentAfreelance.com’s other
remedies, to the extent you engage in actions or activities which
circumvent the rentAfreelance.com Site or otherwise reduce fees owed
rentAfreelance.com under the Terms of Service, you will pay
rentAfreelance.com for all fees owed to rentAfreelance.com and
reimburse rentAfreelance.com for all losses and costs (including any
and all rentAfreelance.com employee time) and reasonable expenses
(including attorney fees) related to investigating such breach and
collecting such fees.
COPYRIGHT POLICY
All pages on this Internet site are the
property of rentAfreelance.com. The pages may not be redistributed
or reproduced in any way, shape, or form without the written
permission of rentAfreelance.com. Pages in the site may not be
encased in a frame from the referring site, without express written
permission of rentAfreelance.com.
No copyrighted material can be posted on
rentAfreelance.com. This includes scripts which are sold by the
author.
WARRANTY
DISCLAIMER
THE SERVICES PROVIDED BY RENTAFREELANCE.COM
ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR
CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN
LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO
REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD
PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY
ANY THIRD PARTY.
The possibility exists that the site and
its contents may contain inaccuracies or errors. rentAfreelance.com
makes no guarantees regarding the accuracy of the site or its
contents. If you discover that the site or its contents contains
errors, please contact us so
these can be corrected.
LIMITATION OF
LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR
ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR
PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT
LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS
OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
LINKS
The Site may contain links to other Web
sites or resources. You acknowledge and agree that
rentAfreelance.com is not responsible or liable for: (i) the
availability or accuracy of such Sites or resources; or (ii) the
content, advertising, or products on or available from such Sites or
resources. The inclusion of any link on the Site does not imply that
we endorse the linked Site. You use the links at your own
risk.
Automated bots
Automated bots cause stress on the site
servers and when proper precautions are not in place, can prevent
legitimate "real" users from accessing the site. You may not create
any automated bot to access rentAfreelance.com without first
notifying rentAfreelance.com and receiving expressed written
approval for its design. If rentAfreelance.com approves your bot's
design, then you must adhere to the specifications that
rentAfreelance.com approves. rentAfreelance.com reserves the right
to revoke permission previously granted, and you agree that if so
revoked you will immediately cease use of the bot and take all
available actions to prevent other users of the bot from using it as
well.
SCOPE OF
SERVICES
The Site delivers the following Services
(“Services”):
“Project Venue” The Site is a venue
where: (1) Buyers can define and source projects ("Projects") and
look for and engage Service Providers directly; and (2) Service
Providers can advertise their capabilities, bid on Projects, look
for consulting opportunities, and provide Services directly to
Buyers. rentAfreelance.com only provides the venue for Buyers and
Service Providers to find and contract with each other for Projects.
“Professional Services” The Site
is also a venue where: (1) Buyers can engage rentAfreelance.com and
rentAfreelance.com can provide assistance to Buyers to define and
scope Projects, source proposals from Service Providers and select
the best proposals for Buyer to choose from; (2) Buyer can use the
Project Testing facility provided by rentAfreelance.com at defined
fees. And; (3) Buyer can use the Complete Project management
facility provided by rentAfreelance.com at defined fees. Please
refer to our FAQs to know more about fees
structure. Unlike the Project Venue where Buyers and Service
Providers find and contract with each other with no assistance from
rentAfreelance.com, in the case of Professional Services
rentAfreelance.com actually assists Buyer. The buyer understands
that rentAfreelance.com does not have any bias towards either party
and it tries to provide most accurate service to both the parties
(here buyer and providers). rentAfreelance.com accepts no liability
or obligations towards buyers while providing these professional
services to them. In case if buyer feels that the services are not
accurate, rentAfreelance.com will try to look into this as much as
possible by us but in no situation rentAfreelance.com may take
liability for the services provided by rentAfreelance.com and buyers
need to abide by this while using the professional services provided
by rentAfreelance.com or any third party contracted by
rentAfreelance.com for providing these services. rentAfreelance.com
may even choose to deny offering these service on situational and
case to case basis. In this event, the buyer may need to do
this on his own or can choose to use third party service.
“rentAfreelance.com Services”
means any of the above Services delivered by rentAfreelance.com
through the Site.
“Provider Services” means all
Projects and any other Services delivered by Service Providers
through the Site.
Fees
You agree to pay all fees applicable to
your use of the rentAfreelance.com Services, and you agree not to
circumvent rentAfreelance.com’s fee structure, all in accordance
with the Site Policies.
LEGAL
RELATIONSHIP
Contracts between Service Providers and
Buyers
By registering as a Member, you acknowledge
and agree that you contract directly with other Members of the Site
to buy or sell Provider Services. rentAfreelance.com is not a party
to any contract for any purchase and sale of Provider Services on
the Site, including without limitation Projects. All rights and
obligations for the purchase and sale of any Project Services,
including without limitation the purchase and sale of Projects, are
solely between Service Providers and Buyers. Each Member is solely
responsible for the enforcement and performance of its rights and
obligations for the purchase and sale of Provider Services,
including without limitation Projects.
Upon acceptance of a
bid, Buyer agrees to purchase the Services and Service Provider
agrees to provide the Services according to the terms of the final
bid or other terms agreed to by the
parties.
rentAfreelance.com reserves the right to
refuse to post, alter or remove any bid request, bid or other
transmitted information. rentAfreelance.com may exercise this
right without any advance notice to the individual submitting the
bid or bid request.
rentAfreelance.com acts as a "marketplace"
between bid requester and bidder. It is in its best interest
to attempt to make sure that every transaction proceeds smoothly and
to the mutual satisfaction of both parties. However, In the
event that an irresolvable dispute arises as a result of a
transaction, both bidder and coder agree that as a "marketplace",
rentAfreelance.com is completely harmless and not liable in any way
for said dispute.
As the purpose of rentAfreelance.com is to
facilitate financial transactions via the site, Bid Requesters and
bidders who post bid requests or bids that go against this purpose
will have their postings deleted and their rentAfreelance.com
account terminated. This includes, but is not limited to, bid
requests asking for 'pro-bono' work, work in exchange for a
commission/percentage of sales of a product, or a swap for non-cash
compensation. It also includes bids where the bidder offers to do
the work or provide a solution 'pro-bono'.
Those who choose to access this Web Site
are responsible for compliance with applicable local laws.
Information available on this Web Site and transactions occurring as
a result of your use of the site may be subject to Indian Export
Control Laws and/or other applicable export and import laws. You are
solely responsible for compliance with all applicable export/import
laws, regulations, taxes, licenses and fees.
Period of
Exclusivity
IF YOU ARE A BUYER, YOU AGREE THAT FOR A
PERIOD OF ONE YEAR AFTER ACCEPTANCE OF A BID PROPOSAL, IF YOU POST,
SOLICIT, OR PURCHASE ANY SERVICES FROM THE SAME SERVICE PROVIDER YOU
WILL DO SO EXCLUSIVELY ON THE SITE, WHETHER SUCH SERVICES ARE THE
SAME PROJECT, A FOLLOW-UP PROJECT, OR NEW UNRELATED
SERVICES.
IF YOU ARE A SERVICE PROVIDER, YOU AGREE
THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF A BID PROPOSAL, IF
YOU PROPOSE, BID OR PROVIDE ANY SERVICES TO THE SAME BUYER YOU WILL
DO SO EXCLUSIVELY ON THE SITE, WHETHER SUCH SERVICES ARE THE SAME
PROJECT, A FOLLOW-UP PROJECT, OR NEW UNRELATED
SERVICES.
Taxes, Reporting and Legal
Responsibilities
Each Member is solely responsible for
satisfying all income tax, payroll tax, payroll withholding, sales
and use tax, governmental reporting and other legal requirements
under applicable law, including without limitation those applicable
to the purchase and sale of Services from and by independent
contractors.
PROVIDING CONTACT
INFORMATION
Members 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
rentAfreelance.com at any other time. You 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, messenger id, ICQ number,
phone number, or any other method of contact outside of this site.
rentAfreelance.com provides you with message boards, which should be
sufficient for pre-project planning as well as when project is going
on.
CIRCUMVENTION OF PROJECT
FEES
You agree not to engage in any action or
activity meant to circumvent the Project Fees. Prohibited practices
include (but are not limited to) the
following:
1.
Placing low value or placeholder bids,
with unreasonably high final service charges.
2.
Failing to report changed bid amounts or
final service prices through the rentAfreelance.com Payment Service.
3.
Suggesting or soliciting Buyers to hire
you outside the rentAfreelance.com system.
4.
Submitting bids or proposals for a
project posted on the Site outside of the rentAfreelance.com system.
5.
Reporting on the Site a project
amount different than that agreed between Buyer and Service
Provider.
AVOIDING COMMISSIONS
You are strictly prohibited from attempting to negotiate
the fee for a project with another member directly (outside of
rentAfreelance.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
rentAfreelance.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
rentAfreelance.com staff of a payment received above the amount of
his bid (a total payment above US$100), rentAfreelance.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
rentAfreelance.com.
USER RESTRICTIONS
User Content
User is solely responsible for content or any other
information User provides to RentAfreelance.com. User understands
and agrees to the following:
rentAfreelance.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. rentAfreelance.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 rentAfreelance.com, harm our business operation or
reputation, or cause rentAfreelance.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; (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; (g) Will not
post any unlawful, fraudulent, threatening, abusive, defamatory,
obscene or otherwise objectionable content; (h) Post or transmit
information in violation of site rules and/or legal agreements; and
(i) will not distribute unsolicited commercial messages ("spam")
through user's account.
rentAfreelance.com reserves the right to
change or delete user public content and/or private communications
sent through rentAfreelance.com. Additionally, it may refuse service
and/or block any user who does not adhere to these guidelines, or
for any other reason for which rentAfreelance.com deems prudent.
Additionally, legal action may be pursued at rentAfreelance.com's
discretion. rentAfreelance.com may take this action without prior
notice or explanation to the
user.
Advertising
Users are prohibited from advertising your website on
rentAfreelance.com. Any URL posted in a bid, project description, or
the message board, must relate to a project on rentAfreelance.com.
DISPUTE
RESOLUTION /
ARBITRATION
If a dispute arises between buyer and
service provider, our goal is to resolve such dispute quickly and
cost effectively. Please allow 5 business days to the other party
before seeking arbitration from rentAfreelance.com. For any claim
arising between buyer and service provider, the party requesting
relief may elect to resolve the dispute in a cost-effective manner
through binding non-appearance-based arbitration. A party electing
arbitration should initiate such arbitration by either visiting contact us page or sending
email to dispute@rentAfreelance.com.
Both the parties must comply with the following rules: (a) the
arbitration will be conducted either online, by telephone,
and/or be solely based on written submissions,
the specific manner will be chosen by rentAfreelance.com on
situational basis; (b) the arbitration will not involve any personal
appearance by the parties or witnesses unless otherwise mutually
agreed by the parties; (c) Once rentAfreelance.com sends
communication to a party, the other party will have maximum 5
business days to respond to the communication and in case if the
party does not respond in 5 business days, the final decision will
be in favor of the other party. Both parties must abide by the
resolution suggested by rentAfreelance.com and that will be
considered as final and no party can choose to take any legal route
nor can disagree with the resolution provided for further looking
into the matter. It is implied that both parties agree to these
conditions once a bidder is chosen and initial transaction is
initiated at rentAfreelance.com. Also please understand that
rentAfreelance.com will decide the percentage of amount being
refunded as well as being paid to the service
provider.
BILLING AND PAYMENT SERVICE
POLICY
Accounts
Funds in an Account may be used to pay
Service Providers, to pay Project fees, Professional Services fees
or any other applicable fees.
A Buyer may add funds to its Account
while accepting a bid request and may pay either using credit card
or Paypal
A Service Provider may earn funds in
the Account by directing that Buyers’ payments for Services
purchased on the site or by any of the methods available on the
Payment Service Web pages.
You acknowledge that: (1)
rentAfreelance.com is not a bank and the Payment Service is a
payment processing service rather than a banking service; and (2)
rentAfreelance.com is not acting as a trustee or fiduciary with
respect to your funds, but is acting only as an agent and custodian.
(3) rentAfreelance.com IS NOT A BANK, AND AMOUNTS TRANSFERRED
THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS.
In addition, your Account will not constitute an escrow.
By
initiating and sending payments through the payment Service or
adding funds to your Account, you appoint rentAfreelance.com as your
agent to obtain the funds on your behalf and to transfer the funds
to the recipient that you designate, subject to the terms and
conditions of this Agreement.
Charge-backs
rentAfreelance.com reserves the right to
seek reimbursement from you as a Service Provider, and you will
reimburse rentAfreelance.com, if rentAfreelance.com discovers
erroneous or duplicate transactions, or rentAfreelance.com receives
a charge-back from any Buyer's credit card issuer for any reason.
rentAfreelance.com may obtain such reimbursement by charging the
applicable Service Provider's Account, deducting amounts from future
payments owed to the Service Provider, charging such Service
Provider's credit card, or obtaining reimbursement from such Service
Provider by any other lawful means. Failure to pay for
reimbursements of charge-backs is cause for termination of
Services.
Currency
With the exception of service providers
from India as described below, for rest all users, the Payment
Service operates in US Dollars and therefore rentAfreelance.com is
not responsible for currency fluctuations that occur when billing or
crediting a credit or debit card denominated in a currency other
than US Dollars, nor is rentAfreelance.com responsible for currency
fluctuations that occur when receiving or sending payment to and
from your Account.
For service providers from
India
For
service providers from
India
, rentAfreelance.com
provides a unique facility of paying through cheque in Indian
Rupees. The currency conversion rate from US dollars to Indian
Rupees for sending earnings in Indian Rupees will be decided by
rentAfreelance.com and rentAfreelance.com will announce the rate by
email to the users who intend to receive earnings via cheque in
India Rupees. In case if the service provider does not agree with
the currency conversion rate, then the amount will be transferred to
Paypal account as specified in the user
profile.
Hold on Account
Funds
rentAfreelance.com will make funds
deposited in your Account generally available for you to use or
withdraw. rentAfreelance.com reserves the right, at its sole
discretion, to place a hold on funds for Buyer payments to clear, or
if rentAfreelance.com suspects money may be subject to charge back
or if fraud is suspected. rentAfreelance.com will release a hold as
soon as practical.
Agreement to Pay
If, for any reason, rentAfreelance.com does
not receive payment for any amounts that you have authorized to be
paid through your use of the Payment Service or other
rentAfreelance.com Services, you agree to pay such amount
immediately upon demand by rentAfreelance.com. You also agree to pay
any interest charges, attorney's fees and other costs of collection
incurred by rentAfreelance.com in collecting from you the authorized
but unpaid amount. In such case, rentAfreelance.com may, at its
option, stop processing any further payments made by you and apply
any amounts then held by rentAfreelance.com on your behalf toward
any deficiencies, losses or costs that we have incurred as a result
of your use of the Payment Service or other rentAfreelance.com
Service. We may also make appropriate reports to credit reporting
agencies, financial institutions, tax agencies and law enforcement
authorities, and cooperate with them in any resulting investigation
or prosecution.
ESCROW TERMS AND
CONDITIONS
Buyer and Service Provider would need to
establish an escrow with rentAfreelance.com pursuant to the Business
Terms page at the Site, to provide for the retention,
administration, and controlled release of the escrowed funds in
accordance with the Business Terms and subject to and conditioned on
these Escrow Terms and Conditions unless explicitly agreed upon by
buyer, service provider(s) and
rentAfreelance.com.
Term and Termination of
Escrow
The Escrow will terminate automatically
upon Release of all funds in the Escrow Account. rentAfreelance.com
reserves the right to terminate the Escrow, for any reason, by
providing Buyer and Service Provider 15 days written notice or via
email.
Survival of Terms Following
Termination
Upon termination of the Escrow, the
remaining provisions of the Terms of Service will survive,
including, without limitation, obligations to pay rentAfreelance.com
any amounts, provisions concerning dispute resolution, limitation of
liability, and indemnification obligations.
No Third Party
Rights
These Escrow Terms and Conditions are
intended solely for the benefit of Buyer, Service Provider,
rentAfreelance.com, and their respective permitted successors and
assigns, and no other person or entity will have or acquire any
right by virtue of these Escrow Terms and Conditions unless
otherwise agreed to by Buyer, Service Provider, and
rentAfreelance.com.
Successors and
Assigns
rentAfreelance.com will have no obligation
in performing the Escrow Terms and Conditions, to recognize any
successor or assign of Buyer or Service Provider unless
rentAfreelance.com receives clear, authoritative, and conclusive
written evidence of the change of such parties.
Not Insured
Deposit
YOU ACKNOWLEDGE THAT rentAfreelance.com IS
NOT A BANK, AND AMOUNTS DEPOSTED IN THE ESCROW ACCOUNT ARE NOT
INSURED DEPOSITS. You agree that you will not receive interest or
other earnings on the funds in the Escrow Account.
rentAfreelance.com may earn and retain interest on those funds, or
may receive a reduction in fees or expenses charged for banking
services or other compensation in respect to any balances in Escrow
Accounts.
Release and Delivery of
Amounts in Escrow
rentAfreelance.com is authorized to and
will release applicable portions of the Escrow Account (each portion
a “Release”) to Service Provider or Buyer only pursuant to one or
more Release Conditions provided
below.
Release
Conditions
As used in these Escrow Terms and
Conditions, “Release Conditions” means any of the following:
-
Buyer’s or Service Provider’s Approval
of a Release on the Site.
-
Buyer’s or Service Provider’s failure to
timely upload to the Site Contrary Instructions pursuant to the
Dispute Resolution Process below
-
In case if Buyer and Service Provider
both agree upon cancellation a project for which the amount has
already been funded into escrow account. rentAfreelance.com may
deduct cancellation fees either 10% of project amount or $5
whichever is more.
-
The final binding determination of an
arbitrator
CONTACTING CUSTOMER
SERVICE
If you wish to report a violation of Site
Policies, have any questions or need assistance, please contact
rentAfreelance.com Customer Service at Contact us
page.
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