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Terms of Service


This user Agreement is a contract between you (“you” or “Freelancer”) and Myfreelancer. You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.myfreelancer.co.in, and all other functions, operations regarding our platform or operated by us, all Services, applications and products that are accessible through the Site and all Myfreelancer applications that link to or reference this Agreement whether provided by us or our Affiliates.

This Agreement includes Myfreelancer fee Agreement; Terms of use; privacy policy; Freelancer membership Agreement; Proprietary Rights Infringement Reporting Procedures; API terms of use, Hourly, monthly, and Expense Payment Agreement, as such Agreements may be in effect and modified by Myfreelancer from time to time.

All the conditions can be revised or amend by Myfreelancer at any time of posting a revised version on the Site and will provide reasonable advance notice of any amendment that includes a substantial change includes an increase to fees charged by Myfreelancer. We will notify you regarding any amendment in the Terms of Service.

Your continued use of the Site or the Site Services after the effective date of a revised version of this Agreement or of any other Terms of Service constitutes your acceptance and agreement to be bound by the terms of Service as revised. In the event of a conflict between this Agreement and other Terms of Service, this Agreement will control unless the other Agreement explicitly states that’s its controls.

You understand that by using the Site or Site Services after the effective date, you agree to be bound by terms and Service, including the mandatory binding arbitration. If you do not accept the Terms of Service in its entirety, you must not access or use the Site or the Site Services after the effective date. If you agree to the terms of Service on behalf of an entity, or in connection with providing or receiving Services on behalf of an entity or Company, you represent and warrant that you have the authority to bind that entity or Company to the terms of Service. In that event, “you” and “your” will refer and apply to that entity or Company.

(1) ACCEPTANCE

When you register yourself on Myfreelancer or clicked to accept the Terms of Service, when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically; effective on the date you register your Account or click to accept the Terms of Service. Your Account registration constitutes an acknowledgement that you are able to electronically receive, downloads, and prints this Agreement, the other Terms of Service, and any amendments.

(2) CONSENT TO RECEIVE ELECTRONIC RECORDS

In connection with Terms of Service, you may be entitled to receive certain records from Myfreelancer or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form.

(2.1) YOUR CONSENT AND YOUR RIGHT TO WITHDRAW CONSENT

Your consent to electronically receive and access, via email or the Site, all the records and notices regarding Services provided to you under the terms of Service that we or our Affiliates would otherwise be required to provide to you in the paper form. Your consent to receive records and notices electronically will remain in effect until you withdraw it.

You may withdraw your consent to receive further records and notices electronically at any time by contacting at customer care. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request of withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent become effective.

(2.2) NOTIFY US IF ANY CHANGE IN YOUR EMAIL ADDRESS

For continuous and hurdle less communication; you agree to notify us immediately of any change in your email address by updating your account information on the websites or by contacting customer care. It is very necessary to have your correct information in our database.

(2.3) HARDWARE AND SOFTWARE YOU WILL REQUIRE FOR YOUR SERVICE

To access and retain the records and notices we provide to you electronically, you will need: (a) a valid email address; (b) a computer system that operates on a platform like windows or Mac, (c) a connection to the internet, (d) current versions of software, browsers, plug-ins, or the computer applications and programs identified system capable of supporting all of the above. By “current version” we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all the records and notices, we send to you electronically.

By accepting and agreeing to this Agreement and the other Terms of Service electronically, you represent that (1) you have read and understand the above consent to receive records and notices electronically, (2) you satisfy the minimum hardware and requirements specified above, and (3) your consent will remain in effect until you withdraw your consent as specified above.

(3) MYFREELANCER ACCOUNTS

(3.1) ACCOUNT ELIGIBILITY

You have to register yourself for an account to use the Site and certain Site Services. Services offered by Myfreelancer are for your business purpose only, and not for personal, household, or consumer use. To use the Site and Site Services, you must have, and hereby represent that you intend to use the Site and Site Services for your business purpose only, unless you use the Site and Site Services solely as an employee and Company member of a registered Company Account. You understand that you comply with any licensing or registration requirements with respect to your business, and you represent that you comply with all such requirements. To register for an account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts. By registering for an account or by clicking to accept the terms of Service when prompted on the Site, you agree to:- (a)abide by this Agreement and the other terms of Service, (b) Be financially responsible for your use of the Site and the purchase of Freelancer Services, (c) Perform your obligations as specified by any Service contract that you enter into, unless such obligations are prohibited by applicable law or the term of Service. Myfreelancer reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon discover that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates the terms of Service.

(3.2)ACCOUNT REGISTRATION; PROFILE

By registering for an account, you must complete a user profile, which can be shown to other users. If you are a Freelancer, unless you use the Site solely as an employee and Company member of a registered Company Account, you represent and warrant that you use your profile to market your business to others for the purpose of entering into independent contractor relationships with other users. You agree to provide true, accurate, and complete information on your profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false information about your skills, business, location and Services. You agree not to register for more than one Client Account and one freelancer account without express written permission from us. You agree not to ask or allow another person to create an account on your behalf, for your use, or for your benefit.

(3.3) IDENTITY VERIFICATION

Your account will be verified from time to time. Once you register for an account, for safety purpose. You authorize Myfreelancer, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business.

(3.4) COMPANY ACCOUNTS

You may create an account through which other authorized Freelancers may act on your behalf in the roles you assign for your account. The freelancer that registered the company account may also grant certain account administration privileges for the company account to one or more company members. Except as otherwise required by applicable law, only the user who registered the company account and the company account administrators can add or remove company members to or from the company account.

Each company member must have an account and a profile. Each company member must be user and must be a real person or legally recognized entity. Each company member’s account profile must contain the company member’s real name, and company member must comply with all terms of Service. Company member’s identity will also be verified. If any of your Company members violate the Terms of Service. It may affect your ability to use the Site. Upon closure of company account, Myfreelancer may close any or all related accounts.

You have to make sure that company member act on your behalf agree to all the terms of Services on your behalf. You agree to be fully responsible and liable for any action of any company member and any other user who uses the company account. You understand and agree that the company is responsible and liable for all Service contracts accepted by anyone acting as company member. Company members acknowledge and agree that their company is solely responsible for paying them for work on behalf of the company and that such payments will not be made through the Site.

(3.5) USERNAMES AND PASSWORDS

When you register for an account, you will be asked to choose a username and password for the account. Each user and any company account administrator will also be asked to choose the initial username and password for any company account that is added to the account.

You are entirely responsible for safeguarding and maintaining the confidentiality of your account or company account’s username and password. You authorize Myfreelancer to assume that any person using the Site with your username and password either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to your password or the password of any user of your account.

(4) PURPOSE OF THE SITE AND IT’S SERVICES

Our Site is a marketplace where Clients and freelancers can identify each other and advertise, buy and sell freelancer Services online. Subject to the Terms of Service, Myfreelancer provides the Site Services to users, including Hosting and maintaining the Site, enabling the formation of Service contracts. If users agree on terms for freelancer Services, a Service contract is formed directly between such users. When a user enters a Service contract, the user uses the Site to engage, communicate, invoice and pay online.

(5) CONTRACT BETWEEN CLIENT AND FREELANCER

SERVICE CONTRACTS

A contract between Client and freelancer is done on the basis of their terms. Service contract is comprised of the following agreements: - (a) the engagement terms awarded and accepted on the Site to the extent that the terms do not, and do not purport to, expand Myfreelancer’s obligations or restrict Myfreelancer’s right under the terms of Service. (b) The terms in all sections, unless other terms are agreed by the parties, to the extent that the provisions do not, and do not purport to, expand Myfreelancer’s obligations or restrict Myfreelancer’s right under the Terms of Service. (c) Any other contractual provisions accepted by both the Client and the freelancer, to the extent that the provisions do not, and do not purport to, expand Myfreelancer’s obligations or restrict Myfreelancer’s right under the Terms of Service.

You acknowledge and agree that Myfreelancer is not a party to any Service contracts, and that the formation of a Service contracts between users will not, under any circumstance, create an employment or other Service relationship between Myfreelancer and any Freelancer. However we take the full responsibility for the completion of any project and the payment of freelancer appointed for that project.

(6)PAYMENT TERMS

(6.1) SERVICE FEE

Freelancer and Client both have to pay a fee to use Myfreelancer’s Services. Whenever any Client proposes a project and the Freelancer who is appointed for that project, we will take 6% of the project cost from both Client and the freelancer. The cost of project will be mutually decided by the Client and the freelancer.

(6.2) MEMBERSHIP FEES

There is no membership fee for registering for an account at Myfreelancer but we take 6% of cost of the project from both Client and Freelancer after the completion of project.

(6.3) NO FEES FOR INTRODUCING OR FOR FINDING ENGAGEMENTS

Myfreelancer does not introduce Clients to Freelancers and does not help Freelancers secure engagements. Myfreelancer merely makes the Site Services available to enable Freelancer to do so themselves. Therefore, Myfreelancer does not charge a fee when a Freelancer finds a suitable Client or finds an engagement. However, a client and a freelancer are obligated to use the Site to pay and receive payment for their work together if they identified each other through the Site, and after the completion of project they both i.e. Client and Freelancer have to pay 6% of the cost of project. In addition, Myfreelancer does not charge any fee or dues for posting public feedback and composite or compiled feedback.

(6.4) INCOMPLETION OF ANY PROJECT OR NON-PAYMENTS

In case, when a Client fails to pay payments or any other amounts due under the Terms of Service to the Freelancer, we will take the full responsibility to make the due payment. If any Freelancer fails to complete any project, then also we take the full responsibility for the completion of that project.

(6.5 )PAYMENT METHODS

In order to use certain Site Services of Myfreelancer, Client and Freelancer must provide account information for at least one valid payment method. Payment can be done by the mode of Credit card, cheque, demand draft, PayPal accounts or electronic or digital transfers. By providing payment method information through the Site, Client represents, warrants that (a) Client is legally authorized to provide such information. (b) Client is legally authorized to perform payments using the payment method.

(7) SERVICE CONTRACT TERMS

There are few Service contracts which both Client and Freelancer have to agree before entering into any Service contracts. Unless otherwise expressly agreed to in writing by both users, and except for Freelancer Services using Myfreelancer, the default terms and conditions of the Service Contract that a Freelancer enters directly with a Client are as set forth. Users may agree between them on any additional or different terms for their Service Contract as long as such terms do not purport to affect the rights or responsibilities of Myfreelancer or violate the Terms of Service.

Users agree that the terms concerning the Service Contract described on the Site, including Freelancer Fees, rates, hours, and milestones, form part of the Service Contract. Users agree to obtain the consent of the other before making changes to the Service Contract by adding additional or different milestones or making other changes to the Service Contract on the Site. If consent of the other party is not first obtained, the other party may reject such changes by terminating the Service Contract or accept such changes by continuing to work on the Service Contract.

(7.1) SERVICES

Freelancer will perform the Freelancer Services in a professional manner and will timely deliver any agreed upon Work Product. The manner and means of performing the Freelancer Services will be determined and controlled solely by Freelancer, which is engaged by Client as an independent contractor.

(7.2) RESPONSIBILITIES

To ensure accurate billing, work billed for Hourly Contracts under a Freelancer’s Account must be performed by the Freelancer that has the Account. With Company Account, the Company may bill for hourly work done by Company Members or according to their choice.

If a user subcontracts with or employs third parties to perform Freelancer Services on behalf of the user for any Engagement, the user represents and warrants that it does so as a legally recognized entity or person and in compliance with all applicable laws and regulations. The user remains responsible for all Services performed under the User’s Service Contracts, including ensuring that the services comply with the Terms of Service (including confidentially and intellectual property obligations). Each Company specifically acknowledges and agrees that Company Members have the authority to bind the Company to Service Contracts entered into by Company Members on behalf of the Company.

Company and Freelancer acknowledge and agree that Myfreelancer does not, in any way, supervise, direct, or control any user; Myfreelancer does not set Freelancer’s contract terms (including determining whether the contract will be set at an hourly or fixed fee), fees, rates, work hours, work schedules, or location of work; Myfreelancer will not provide Freelancer with training or any equipment, labor, or materials needed for a particular Service Contract.

(7.3) CLIENT BILLING AND PAYMENTS

For Hourly Contracts, Client becomes obligated for Freelancer Fees on a weekly basis. For Fixed-Price Contracts, Client becomes obligated immediately upon sending a Fixed-Price Contract offer or upon activating any additional milestone.

(7.4) DISPUTE RESOLUTION

Whenever any dispute arises between Client and Freelancer, then we try our best to resolve it.

(7.5) TERMINATION OF A SERVICE CONTRACT

Under Hourly Contracts, either Client or Freelancer has the right to terminate the Service Contract after providing any required notice, or immediately on the end date specified in the Service Contract terms and/or upon completion of the Freelancer Services, in the event of a material breach, or with the consent of the other party. Except as required by law, Client remains obligated to pay the Freelancer Fees for any Freelancer Services provided prior to termination of the Hourly Contract.

Under Fixed-Price Contracts, The Service Contract does not terminate until the Freelancer Services are completed. However, either Client or Freelancer has the right to terminate a Fixed-Price Contract at any time with the consent of the other party or in the event of a material breach. If a Fixed-Price Contract is terminated, Client does not have the right to recover any payments already released to Freelancer for the Engagement.

(7.6) WORKER CLASSIFICATION

Client is responsible and assumes all liability for determining whether Freelancers are independent contractors or employees and engaging them accordingly; Myfreelancer disclaims any liability for such determination or the related Engagement. The Terms of Service do not create a partnership or Company relationship between Users. Freelancer does not have authority to enter into written or oral (whether implied or express) contracts on behalf of Myfreelancer. For Service Contracts classified as independent contractor relationships, Client may not require an exclusive relationship. A Freelancer classified as an independent contractor is free at all times to provide Freelancer Services to persons or businesses other than Client, including any competitor of Client.

(8)RECORDS OF COMPLIANCE

Users will each (1) create and maintain records to document satisfaction of their respective obligations under this Agreement; any Service Contract, including, without limitation, their respective payment obligations and compliance with tax and employment laws; and any Myfreelancer Payroll Agreement, and (2) provide copies of such records to Myfreelancer upon request. Nothing in this subsection requires or will be construed as requiring Myfreelancer to supervise or monitor a User’s compliance with this Agreement, the other Terms of Service, or a Service Contract.

(9) RELATIONSHIP WITH MYFREELANCER

Myfreelancer does not make deals between Client and Freelancer, including posts, proposals, screening, selection, contracting, and performance of Freelancer Services. Myfreelancer provides a platform to both client and Freelancer for finding a perfect buy. Myfreelancer merely makes the Site Services available to enable Freelancer to identify and determine the suitability of Clients for themselves and to enable clients to identify and determine the suitability of Freelancers for themselves. Myfreelancer assure the quality, safety, or legality of, the Freelancer Services; the truth or accuracy of Freelancer’s listings on the Site. The qualifications, background, or identities of users; the ability of Freelancers to deliver the Freelancer Services; the ability of clients to pay for the Freelancer Services; or that Client or Freelancer can or will actually complete a transaction.

Myfreelancer does not deduct any amount for withholding, unemployment, social security, or other taxes for client or Freelancer. We does not required to and may not verify any feedback or information given to us by Freelancers or Clients, nor does Myfreelancer perform background checks on Freelancers or Clients. We invite all the users to enjoy all the fruitful Services of Myfreelancer.

(10) THIRD-PARTY BENEFICIARY

Freelancers and Clients use Myfreelancer as a third-party beneficiary of their Service contracts for purpose of enforcing any obligations owed to, and any benefits conferred on, Myfreelancer hereunder. Myfreelancer act as a third-party beneficiary prohibit certain terms in any Service contracts. Clients and Freelancers further agree that Myfreelancer has the right to take such actions with respect to their accounts including, suspension, termination or legal actions as we, in our sole discretion, deem necessary to enforce our rights as third-party beneficiary under the Service contracts.

(11)LICENSES AND THIRD PARTY CONTENT

(11.1) SITE LICENSE AND INTELLECTUAL PROPERTY RIGHTS

By creating account on Myfreelancer and on compliance with the Terms of Service, Myfreelancer grants you a limited license to access and use Site and Site Services. You must not access the Site or Site Services by any means other than the interface provided, and you will not use the information which is available on Site for any purpose other than the purpose for which it was made available. You must not sell, reproduce, distribute, modify, display, publicly perform, repost, or otherwise use any content of the Site or Site Services in any way for any public or commercial purpose without Myfreelancer prior consent. You will not access Site Services in order to build a similar Service or application or publish any performance or any benchmark test or analysis relating to the Site Services. Myfreelancer and our licensors retain all right, title and interest in and to all Intellectual Property Rights related in and to the Site and Site Services. The Myfreelancer logos and names are trademarks of Myfreelancer and may be registered in certain jurisdictions. Except as expressly any license under any of Myfreelancer’s or any third party’s Intellectual Property Rights, whether by estoppels, implication, or otherwise.

(11.2)USER CONTENT LICENSE

When you post User Content on the Site or through the Site Services or provide Myfreelancer with User Content, you represent and warrant that you have the right, power, and authority to post that User Content and grant the licenses specified below. You further represent and warrant that by posting or providing such User Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such User Content and that Myfreelancer may exercise the rights to your User Content granted under the Terms of Service without any liability or obligation for any payment.

You retain all ownership rights in any User Content you post on Myfreelancer. To the extent permitted by applicable law, you also grant to Myfreelancer and our Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site and Myfreelancer’s business, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, display, and perform such User Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of this Agreement, our Privacy Policy, and applicable law.

The licenses to User Content granted by you in this Agreement will terminate within a commercially reasonable time after you remove or delete your User Content from the Site, except that you grant Myfreelancer and Affiliates the irrevocable and perpetual license to retain and use, but not publicly display or distribute, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law.

(12) CONFIDENTIAL INFORMATION

(12.1) CONFIDENTIALITY
(12.2) RETURN

When the confidential information is no longer needed for the performance of the Freelancer Services, or at Client’s or Freelancer’s written request, the party that received Confidential Information, will at its expense promptly destroy or return the disclosing party’s Confidential Information.

(12.3) PUBLICATION

Any client, Freelancer or Myfreelancer will not publish; or cause to be published, any other party’s confidential information, except if it is required for the execution of Freelancer Services for a Service Contract.

(13) WARRANTY DISCLAIMER

You agree not to rely or depend on the Site Services, Site, and any information on the Site. We believe in “as is” and on an “as available” basis. Myfreelancer makes no express representations or warranties with regard to the Site, Site Services, projects, or any activities or items related to this Agreement or the other Terms of Service. To the maximum extent permitted by applicable law, Myfreelancer Disclaims all express and implied conditions, representations and warranties including, but not limited to, the warranties of merchantability, accuracy, title, an non-infringement. Some jurisdictions may not allow for all of the foregoing limitations on warranties, so that extent, some or all of the above limitations may not apply to you.

(14) LIMITATION OF LIABILITY

We are not responsible and liable for:-

(15) RELEASE

You have to agree on a condition that you release Myfreelancer, our Affiliates and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another users, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the freelancer Services provided to Client by a Freelancer and requests for refund based upon disputes.

(16) AGREEMENT TERM AND TERMINATION

When you register for an account on Myfreelancer that means you agree with the Terms of Service, unless both you and Myfreelancer expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You provide written notice to myfreelancer2020@gmail.com . If you are using Myfreelancer, you must legally terminate your relationship with client or Freelancer, as applicable; before terminating this Agreement. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however:-

  1. If you have any open engagements with any Client or Freelance then you cannot terminate your Services until all such engagements have closed on the site.
  2. Myfreelancer will continue to perform those Site Services necessary to complete any open engagement or related transaction between you and another user.
  3. You will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open engagements, whichever is later to Myfreelancer for any Site Services and to any Freelancers for any Freelancer Services.

Without limiting Myfreelancer other rights or remedies; we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if:-

  1. You breach the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service.
  2. When we suspect or become aware that you have provided false or misleading information to us.
  3. If you involve in anything that is legally wrong and that hurt our users or Myfreelancer.
  4. We are unable to verify or authenticate any information you provide to us.
CONSEQUENCES OF AGREEMENT TERMINATION

We will notify you if we close your Account, unless we believe in our sole judgment, that giving notice may cause damage. You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of user’s Account status to all users, including both yourself and other users who have entered into Service contracts with you. If Myfreelancer decides to suspend or close your account, Myfreelancer has the right but not the obligation to:-

(a) Notify other users that have entered into Service contracts with you to inform them of your suspend or closed account status.

(b) Provide those users with a summary of the reasons for your account suspension or closure.

(17) SURVIVALM

After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after the Agreement terminates or expire will survive and continue in full force and effect.

(18) DISPUTES

If any dispute arise between you and Myfreelancer or our affiliates, our goal is to resolve the dispute quickly and cost effectively to resume smooth working environment.

If any dispute arises between Client and Freelancer than we will try our best to resolve that dispute in everyone’s favor or try to figure out the whole dispute in a most appropriate way. If any dispute arises whether it is related to payment, completion of project, or any terms or condition, you will notify us at customer care.

(19) DEFINITIONS

(20 )CONTACT US

For any queries and questions regarding any Terms of Service, you can contact us at myfreelancer2020@gmail.com