This document is a legal agreement between you, the “Freelancer” (as defined below) and Freelancertohire.com. These Freelancer’s Terms and Conditions (“Agreement”) sets forth the provisions under which the Freelancer may register and use the web-site for the purpose of
Site (s): Freelancertohire.com: (if applicable) is the parent company and owner of the site also hereinafter referred to Freelancertohire.com.
responding to solicitations for the acquisition of software solutions, services, and products.
Bid Requests: Users of the site desiring to purchase customer software solutions via a reverse auction make bid requests on the site to solicit bids from software developers.
Bids: Anyone that places a bid on a project in an attempt to gain employment.
Client” Individual (s) or a Company instigating a project in an effort to gain bids for same.
Freelancer: Individual (s) or a Company providing a service
The initial term of this Agreement shall be a period of one (1) year from the Effective Date. Thereafter, the Agreement shall automatically renew for subsequent one (1) year terms. At any time, either party may terminate this agreement, with or without cause, upon thirty (30) days prior written notice. Freelancertohire.com reserves the right to immediately terminate any Freelancer who commits fraud, slander, a denial-of-service attack, or commits any other action which it deems inappropriate. Neither party has made any commitments regarding the duration or renewal of this Agreement beyond those stated herein.
Upon completion of the Registration Form and after accepting the site Terms of Service and this agreement, the Freelancer is authorized to respond to Bid Requests. Final content of all responses to Bid Request documents is at the complete and sole discretion of the Freelancer. Freelancertohire.com reserves the editorial right to censor any responses that it feels are inappropriate. This is a master agreement between Freelancer and Freelancertohire.com and shall apply to all transactions and business conducted between the parties.
These rules of arbitration exist to ensure a fair and safe environment for the buying and selling of computer software and related systems. Should a dispute arise over the completion of a project, the allocation of funds, or any other issue, both Client, Freelancer andFreelancertohire.com agree to the following rules:
Freelancer represents that it has the full power and authority to execute this Agreement. Freelancer is the owner of, and/or has received all appropriate consent from the owners of, any and all material, information, intellectual property in any form, or other data that Freelancer makes available to Freelancertohire.com.
Upon Client’s receipt and acceptance of Freelancer’s service or product, they will promptly indicate acceptance via the web site. Upon acceptance, Freelancertohire.com shall credit the Freelancer’s account with the final amount, minus the Freelancertohire.com Fee. The Fee is calculated as a percentage of the amount of the funds and is based on the bidding type of the auction. If the Freelancertohire.com Fee falls below the minimum fee of ($3), the minimum Freelancertohire.com Fee will be charged.
Should there be any dispute regarding acceptance, both Freelancer and Client designate Freelancertohire.com as the final binding authority and arbiter of the dispute, and agree to abide by its decision.
Freelancertohire.com does collect taxes, duties, fees or other governmentally imposed excises, so Freelancer and Client agree to assume their respective responsibilities under the law.We follow Indian Online Marketplace Goverment Rules.
Trademarks. Freelancertohire.com may use Client’s Trademarks in Bid Requests, or related documentation. Freelancertohire.com’s or Freelancer’s use of Trademarks shall be consistent with proper trademark usage. Neither party grants to the other any right, title, or interest in any Trademarks except as provided in this Section. Freelancer is responsible for appropriately attributing any of its Trademarks or the trademarks of third parties.
Access to and Use of Confidential Information. A party receiving Confidential Information agrees (i) that it is claimed to be a trade secret of the other party, (ii) not to disclose or use any of such Confidential Information for any purpose except as necessary and consistent with the terms of this Agreement, (iii) to limit the use of and access to such Confidential Information to only those employees who have a need to know, and (iv) that it will immediately notify the other party in writing of any unauthorized disclosures and/or use thereof. Such notice shall include a detailed description of the circumstances of the unauthorized disclosure or use and the parties.
Exclusions. A party shall have no obligation as to Confidential Information that (i) is provided in a tangible form and not labeled as confidential or proprietary, or if provided orally, not designated as confidential or proprietary at the time of disclosure, (ii) is known to the receiving party at the time of disclosure, as evidenced by documentation in the receiving party’s possession at the time of such disclosure, (iii) is independently developed by the receiving party (provided the receiving party can show that such development was accomplished by or for the receiving party without the use of or any reference to Confidential Information), (iv) becomes rightfully known to the receiving party from another source without confidentiality restrictions, (v) is or becomes part of the public domain through no wrongful act of the receiving party, or (vi) is furnished by the disclosing party to a third party without confidentiality restrictions. A receiving party may disclose Confidential Information pursuant to a competently authorized judicial or governmental request, requirement or order, provided that the receiving party takes reasonable steps to give the disclosing party sufficient notice to contest such request, requirement or order and/or to seek a protective order.
Return of Confidential Information. In any event of termination or expiration of this Agreement, each party will, within five (5) business days return to the other party such party’s Confidential Information.
Infringement Claims. Freelancer will defend and hold Freelancertohire.com harmless in any suit or proceeding based on a claim that any equipment, products or services transacted under this Agreement, constitutes infringement of any copyright, patent or trademark. Freelancer will pay all settlements or damages awarded against Freelancertohire.com, provided that Freelancertohire.com (i) informs Freelancer of such suit or proceeding in writing and within thirty (30) days of actual notice of a claim, and provides Freelancer with all related information, (ii) grants Freelancer the authority to settle or litigate such suit or proceeding, and (iii) provides all necessary assistance to Freelancer.
IN NO EVENT SHALL Freelancertohire.com BE LIABLE TO Client’s, Freelancer’s, OR ANY OTHER PERSON FOR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE COST OF COVER, LOSS OF PROFIT, USE, SAVINGS OR REVENUE, OR THE CLAIMS OF THIRD PARTIES, WHETHER OR NOT Freelancertohire.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification by Freelancer. Freelancer shall indemnify, defend (with counsel approved in writing by Freelancertohire.com) and hold Freelancertohire.com, its officers, directors, shareholders, employees, insurers, attorneys, successors and assigns harmless against any and all claims for cost, damage, expense (including reasonable attorneys’ fees) or liability arising out of or related to the acts or omissions of Freelancer, its employees, representatives or agents.
Default. Should the Freelancer default, their account may be terminated by Freelancertohire.com. Freelancer shall be considered to have defaulted under the Agreement for any failure to perform its obligations to Client under any Bid request awarded to Freelancer and/or if Freelancertohire.com discovers any material misrepresentation or omission that Freelancer has made in this Agreement or its Registration. In the case of either party, the failure by such party to observe or perform any material covenant or obligation under this Agreement shall constitute default. Freelancer may also be considered in default if they violate the site terms of service, or violate the Custom Software Client Agreement (if they are also a Client), or if their service to Clients is poor (defined as receiving 2 or more below average ratings and/or complaints).
Survival. The parties’ obligations under Sections 7, 8 and 9 shall survive any termination and/or expiration of this Agreement.
Assignment. Freelancer shall not assign or transfer this Agreement without Freelancertohire.com’s prior written consent, which shall not be unreasonably withheld. Any attempted assignment shall be null and void.
Relationship of the Parties. This Agreement does not create a franchise, joint venture or partnership between the parties. Neither party hereunder is the agent, broker, partner, employee, or legal representative of the other for any purpose, except that Freelancertohire.com is the agent for Freelancer and Client in bringing the two, or more, parties together using the Freelancertohire.com website. Freelancertohire.com shall act as a fiduciary for Client and Freelancers for the limited purpose of collecting and disbursing funds. For all other purposes, the parties are independent contractors.
Excused Performance. Neither party shall be liable for failure to perform its obligations under this Agreement for causes beyond its reasonable control.
No Waiver. The failure of either party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party to thereafter enforce any such provision.
Unenforceable Provisions. If any term of this Agreement is found to be illegal or unenforceable, the remaining portions of this Agreement shall remain in effect, provided that the parties agree to negotiate in good faith substitute enforceable terms.
Modifications; Special Agreements; Entire Agreement. Note that Freelancertohire.com reserves the right from time to time to amend, modify or change this agreement. When this happens, Freelancertohire.com shall notate the new information clearly and post a notice in the ‘news’ section of the site about the update. Due to the majority of parties requesting not to be contacted via email about updates to the site, email notice will not always be given. Additionally, due to the financial costs associated with written notices…written notice will not always be given. If you are interested in keeping abreast of the latest changes to this agreement, then please bookmark this page and review it from time to time, or monitor the ‘news’ section of the site.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY PROVIDING NOTICE TO US. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Should Freelancertohire.com and the Freelancer come to a special understanding not outlined in this agreement it will be laid out in writing and signed by both parties.
This Agreement is the entire understanding between Freelancer and Freelancertohire.com with respect to the subject matter of this Agreement, and supersedes all (i) proposals, oral or written, (ii) negotiations, conversations or discussions between the parties and (iii) industry custom or past course of dealing, relating to the subject matter.
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