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Project-Freelancer
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TERMS AND CONDITIONS
The terms "You", "Your", "Member", "User", or "Users" refer to anyone accessing our services or web site for any reason. The terms "We", "Us", or "Our" refer to project-freelancer.com. The terms "Service", "Services" refer to services provided by our web site. Our web site is offered to you conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein. We may amend or modify these terms and conditions without notice, effective immediately, by updating this web page. Your use of our web site constitutes your agreement to all such terms, conditions, restrictions and notices. 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 us, we may terminate the participation of such user in the service and/or may withhold any payments relating to participation in the service due to such user from us. ELIGIBILITY REQUIREMENTS We shall have absolute discretion as to whether or not it accepts a particular applicant or site for accessing the service. SERVICE ACCESS TERMINATION We reserve the right to terminate access to service to any member or site without reason but expressly including any member that we judge to be in violation of the Terms and Conditions. Members in violation of our Terms and Conditions will be immediately deactivated. We may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from us. Members that are terminated by us on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from us. REFERRAL COMMISSIONS The referral commission paid out will be the one listed on our Referrals page. If the commission rate is changed, it will only affect referrals made after the new commission was announced. You may not refer yourself, nor sign up for multiple accounts to collect referral fees. You may not be a partner with any other user to share/transfer the commission made from your own account, or else service will be cancelled to both parties without payment. We 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. PAYMENTS All amounts are stated in and all payments will be made in US funds. We will typically make payments/withdrawals on member requests it AND their account balance is equal to or greater than . We verify all deposits and might ask you to verify yours deposits. If you refuse to send verification information via E-mail, Fax or Phone, we reserve the right to refund the deposit and terminate your account. New members cannot withdraw funds within 30 days of their first project payment. We reserve 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 must return the funds received from fraudulent source to your account. We cannot be held liable for deposits reversed without its authorization due to reasons, including, but not limited to, fraud, chargebacks or complaints. As previously stated, any member that was removed from the service due to violation of the Terms and Conditions will receive no credit or payment. DEPOSIT DISPUTES Members may not file a complaint with any of our payment processors, including PayPal, 2checkout, etc, regarding the funds deposited into their account. We will do our best to resolve any problem a member may have. Refunds will be processed, if deemed necessary, at a time we chose. Due to the incompatible communication systems between our payment processors, payment disputes logged directly with those processors cannot be properly managed and will cause further delays. Due to this, members who make a complaint to our payment processor will face account termination without notice. COPYRIGHTS To protect the author's rights no copyright material can be posted on our web site. Only posting sections of articles or scripts, as examples, will be permitted. A "section" means no more than 10% of the contents. We also do not tolerate projects requesting unauthorized reproduction of copyrighted or patented material. OWNERSHIP Members agree that all information contained on a website operated by us and all information compiled by us through operation of the affiliate program, is our proprietary information. Personal information provided by members to us will be kept confidential and will not be distributed to any third party. E-MAIL ADDRESSES Members agree not to post their e-mail address or other contact information on the site, except in the "e-mail" field of the signup form, or when asked by us at any other time. There should be no need to give anyone your contact information. It is automatically provided if you choose a programmer (or you are the programmer 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, IM, etc... See "Avoiding Commissions" below for the reason. PROVIDING CONTACT INFORMATION You are prohibited from making direct contact with another member, unless it's for a project you have been picked for, or you have picked a programmer for. This includes giving out your e-mail address, ICQ number, phone number or any other method of contact outside of this site. We provides you with message boards, which should be sufficient for pre-project planning. The only exceptions to this are "Featured" projects. If a project is "Featured" that means the Webmaster has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board and contact webmaster. Note that the our system does not distinguish between featured and non-featured message board posts, so you will still get a warning when submitting an e-mail address, even if the project is featured. AVOIDING COMMISSIONS You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of our web site) 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 programmer being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying us 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 programmer 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 programmer has failed to notify our staff of a payment received above the amount of his bid (a total payment above US), we reserve 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. BIDDING You can only place bids that equal the total amount of money they are requesting for the whole project. You cannot post an hourly bid or any other abnormal type of bid. You cannot create projects that directly or indirectly require programmers to place hourly or other abnormal bids. The only exception is when the project is featured. POSTING PROJECTS New users are limited to the posting of only 1 project before being asked to make a deposit. This is meant to protect other users and prevent fraudulent activity. A user is required to deposit any amount of funds before they gain the right to post unlimited projects. A user may request higher posting limits, under special circumstances, by simply contacting our support. ADVERTISING You are prohibited from advertising your products or services on our web site. Any URL posted in a bid, project description or the message board, must relate to a project. An example of a permissible URL: your portfolio or resume. LEGAL ISSUES Members are responsible for legal issues related to the work product or process and any postings on our site. This site is governed by the laws of the Province of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against us shall take place in the courts of the Province of Ontario. DISPUTE RESOLUTION Any disputes between users expected to be resolved by users. In rare cases if you are unsatisfied with another member we can provide dispute resolution on your request. Also you can be a subject to dispute resolution in case another member file complaint. We shall have absolute discretion as to whether or not provide dispute resolution service in each case. This service is fee based. Our decision about dispute is final and you hereby release us from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute. We can refund the money awarded by dispute resolution if these money still on escrow account. We are not responsible for fraudulent payments made by users and cannot be held liable for financial loss incurred from fraudulent transactions. It is your responsibility to verify the identity and background of the sender.
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