Terms & Conditions, Refund Policy, Pricing & Promotion Policy.
OVERVIEW
Only registered users may buy and sell on Efreeder.
Registration is free. In registering for an account, you agree to provide us
with accurate, complete and updated information and must not create an account
for fraudulent or misleading purposes. You are solely responsible for any
activity on your account and for maintaining the confidentiality and security
of your password. We are not liable for any acts or omissions vby you in
connection with your account. Seller must fulfill their orders, and may not
cancel orders on a regular basis or without cause. Cancelling orders will
affect Sellers’ reputation and status. Sellers gain account statuses (Levels)
based on their performance and reputation Users may not offer or accept
payments using any method other than placing an order through Efreeder.com
Users undertake to comply with Efreeders Community Standards, which are a set
of behavior rules and guidelines, applicable to the Efreeder community and
marketplace in addition to these Terms of Service, as updated from time to
time.
SCOPE
You must read and accept all of the terms in, and linked to, this User
Agreement, the Code of Conduct, the Efreerder Privacy Policy and all Website
policies. By accepting this User Agreement as you access our Website, you agree
that this User Agreement will apply whenever you use the Website, or when you
use the tools we make available to interact with the Website. Some Websites may
have additional or other terms that we
provide to you when you use those services.
ELIGIBILITY
You will not use the Website if you are under age of 16.Subject to your local
laws, a person over 15 but fewer than 18 can use an adult's account with the
permission of the account holder. However, the account holder is responsible
for all actions taken by the account, without
limitation. Users may provide a business name or a company name, which is
associated with the User's Account. Users acknowledge and agree that where a
business name or company name is associated with their Account, this User
Agreement is a contract with the User as an
individual (not the business or company) and Users remain solely responsible
for all activity undertaken in respect of their Account. You cannot transfer or
assign any rights or obligations you have under this agreement without prior
written consent.
CHARGES AND SERVICES
Service Fees For any service the minimal proposal price is 400/- INR. The
number of days before the revenue earned can be available for are 30 days. The
minimum available balance a user must have to be able to request a withdrawal
is 200/- INR. Commission for a seller for any listings is 15% and buyer
processing fee is 15%. The featured listings fee for a seller or freelance in
order get your proposal featured is 50/- INR. 30 days are the maximum number of
days your feature proposal will be featured. Efreeder.com does not guarantee
any job either for normal listing or featured listings. Feature listing only
give you wide access to your profile to get hired faster when a buyer search
for freelancers.
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. Depending on your residency or
location, you may be subject to certain additional charges or other taxes, on certain fees that we charge. These
taxes will be added to fees
billed to you, if applicable.
CONTENT
The company owns the right to reuse or publish
the data created by users (if it is
public).The content deleted by the user will not
be a permanent deletion and it may be used
for record keeping, statistical, law enforcement or full other obligations.
When you give us content, you grant us a
worldwide, perpetual, irrevocable, royalty free, sub licensable (through
multiple tiers) right to exercise any and all copyright, trademark, publicity,
and database rights (but no other rights) you have in the content, in any media known now or in the future.
You acknowledge and agree that: (1) we act only
as a forum for the online distribution and
publication of User content. We make no warranty that User content is made
available on the Website. We have the right (but
not the obligation) to take any action deemed
appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or
failure to store any content, whether or not the content was actually made available on the Website; and (3) any and
all content submitted to the Website is
subject to our approval. We may reject, approve or modify your User content at our sole discretion. You represent and warrant that your content:
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 of any person; will not violate any law or regulation;
will not be defamatory or trade libelous;
will not be obscene or contain child pornography; will not contain the development, design, manufacture or production of
missiles, or nuclear, chemical or biological
weapons will not contain material linked to terrorist activities will not
include incomplete, false or inaccurate
information about User or any other individual; and 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.
ACCOUNT AND
PROFILES
1.
Buyers account:
(A) Basic: You may not offer direct
payments to Sellers using payment
systems outside of the efreeder platform Buyers may request a specific
service from the Post a Request feature.
(B) Purchasing: Buyers can request a Custom
Order which addresses
specific Buyer requirements, and receive a
Custom Offer from Freelancer
through the site.
2.
Sellers account:
(A) Basic: Seller create
Gigs to allow Buyers to purchase their services. Freelancers may also order Custom Orders to Buyers in
addition to their Gigs. Rating is
calculated based on the order reviews posted by Buyers or Business Account Team Members. For security concerns, efreeder
may temporarily disable a freelancer’s
ability to withdraw revenue to prevent fraudulent
or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or
associating multiple efreeder accounts to
a single withdrawal provider. Sellers are responsible
for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks
associated with the performance of their
services.
(A) Levels: Top Rated Sellers
Professional Sellers
3.
Membership:
The availability of these membership options is
dependent upon (i) the
Registered User's status as an Buyer or a Seller (ii) the selections made
during registration, (iii) any subsequent
upgrades or downgrades of membership options
after registration.
RELATIONSHIP
1.
Buyer and Seller
(A) Job Agreement: Efreeder.com
is a platform to connect Buyers and Sellers for the work. The engagement, contracting and
management of a Job are between an Buyer and a Seller. You agree not to enter into any contractual provisions
in conflict with these Terms of Service.
Any provision of a Job Agreement in conflict with these Terms of Service is
void. Buyer is responsible for managing,
inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Job
Agreement in a timely manner. Seller is
responsible for the performance and quality of the services in accordance with
the Job Agreement in a timely manner. And
Efreeder.com will not have a liability in terms of service that being delivered by a seller. Buyer and
Seller each covenants and agrees to act
with good faith and fair dealing in performance of the Jo Agreement.
(B) Independence : Buyer and Freelancer each
acknowledges and agrees that their
relationship is that of independent contractors. The Freelancer shall perform
services as an independent contractor and
nothing in these Terms of Service shall be
deemed to create a partnership, joint venture, agency, or employer-employee
relationship between Freelancer and Buyer or
between Efreeder.com and any Buyer or
Freelancer.
2.
Registered users and efreeder:
(A) General: Efreeder
is not party dealing, contracting of any job between Buyer and Freelancer. All rights and
obligations for the purchase and sale of services or other deliverables are solely between an Buyer and a
Freelancer. All rights and obligations
for the purchase and sale of services or other deliverables are solely between an Buyer and a Freelancer.
(B) Third-Party Beneficiary of Job Agreement:
Buyer and Freelancer and agreement. Buyer
and Freelancer therefore appoint Efreeder as a third-party beneficiary of their Job Agreement for purposes of
enforcing the obligations owed to, and
the benefits conferred on Efreeder by these Terms of Service.
GENERAL BILLING AND
PAYMENT
a. SafePay Service: The SafePay Service enables
Buyers to transfer certain payment responsibilities
to Efreeder. However, Efreeder.com agrees to refund such funds to Buyer in the event that (a) a Freelancer acknowledges
that services have not been completed or
(b) Buyer and Freelancer have concluded the process comprising the Arbitration Service with a result indicating that
Employer is the rightful recipient of such funds.
Efreeder.com agrees to keep both Buyer and Freelancer informed as to the status
of the Assumed Payment Liability and if, for any
reason, a party requests Arbitration Service
regarding such status, will notify both parties that the matter will be
addressed through the Arbitration
Service.
b. SafePay Disputes: If an Buyer or Freelancer
reasonably disputes the quality or completion
of services provided by such Freelancer, then both Buyer and Freelancer agree that Efreeder.com shall have no payment
obligations to any party related to relevant
fees until such dispute is resolved in accordance.
c. Legal Relationsihp Efreeder.com is not your
agent with respect to any funds that have been
transferred to Efreeder.com for any Assumed Payment Liabilities. Each Freelancer
must properly discharge and credit Buyers for
all payments that Efreeder.com makes to such
Freelancer in respect of services provided to such Buyers. Efreeder.com is not a "financial
institution" as defined under the Bank Secrecy Act (BSA) and the efreeder Billing and Payment Services are
payment services rather than a banking services;
(c) EFREEDER.COM IS NOT A BANK AND
ANY PAYMENTS TRANSFERRED THROUGH EFREEDER.COM ARE NOT INSURED
DEPOSITS ANDARE SUBJECT TO DEFAULT,
LOSS OR FORFEITURE.
CANCELLATIONS AND
REFUNDS
1. Cancellation of a project: Buyer believes
they are entitled to a refund, the Buyer can
notify Efreeder of the cancellation by requesting a refund.
2. Project Refund policy: A Buyer is entitled to
receive a refund of funds under the
following circumstances:
no response
non-delivery
3. Refund and cancellation penalties: Where the Seller is at fault for the refund (for
example, due to no response, or they have cancelled the project), it will negatively impact their Seller status and rankings; where the Buyer is
found to be the cause for the refund (for
example, an early cancellation due to a change in their business need) it will negatively impact their Buyer status; multiple
refunds attributed to a User will lead to
temporary and/ or permanent restrictions on their account depending upon the severity.
INTELLECTUAL PROPERTY RIGHTS
The Site, including its general layout, design
and content, is exclusively owned by
Efreeder and protected by copyright and
trademark law. It is our policy to respond to clear notices of alleged intellectual property rights infringement.
Users have no right, and specifically
agree not to do the following with respect to the Site or any part, component
or extension of the Site.
FEEDBACK AND
REVIEWS
hen the project is completed and the Freelancer
has been paid by the Buyer, both parties
are asked to provide both qualitative feedback and a rating from 1-5 for the
other party. This rating influences each User's
ranking Users must not falsify feedback, manipulate
or coerce another User by threatening negative feedback or offer incentives
in exchange for feedback.
USER CONTENT AND
PROTECTION
a. Basics: To protect our users' privacy, user
identities are kept anonymous. Does not
provide protection for users who interact
outside of the efreeder platform. Rude, abusive,
improper language, or violent messages will not be tolerated.
b. Reporting Violations: Users may receive a warning to their account for violations
of our Terms of Service and/or our
Community Standards
c. Violations: Non-Permitted Usage:- Adult
Services & Pornography
Inappropriate Behavior & Language Phishing
and Spam Privacy & Identity Efreeder profile
Fraud / Unlawful Use
Abuse and Spam
Multiple Accounts
Targeted Abuse
Selling Account
INDEMNITY
You agree to defend, hold harmless and indemnify
Efreeder.com from and against any and all
losses, costs, expenses, damages or other liabilities incurred by Efreeder.com
from and against any cost, liability, loss,
damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against
Efreeder.com
USER GENERATED CONTENT
User Generated Content ("UGC") refers
to the content added by users as opposed to content created by the Site. By uploading to, or creating content on,
the Fiverr platform, you represent and
warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use
and/or upload such content and that such
content or the use there of in the Site does not and shall not (a) infringe or
violate any intellectual property, proprietary
privacy, data protection or publicity rights of any third party;(b) violate any applicable local, state, federal and
international laws regulations and
conventions; and/or (c) violate any of your or third party’s policies and/or terms of service.
LEGAL DISPUTES
We encourage our Buyers and Freelancers to try
and settle conflicts amongst
themselves. If for any reason this fails we
strongly encourage you to first contact us directly
to seek a resolution by using our customer support website. Users further agree
and accept that they have no right to seek to
hold Efreeder liable for a Buyer or Freelancer’s
alleged actions or failures.
LIMITATION OF LIABILITY
In no event shall we, our related entities, our
a?liates or sta? be liable, whether in
contract, warranty, tort (including negligence),
or any other form of liability, for: any indirect,
special, incidental or consequential damages that may be incurred by you; any
loss of income, business or products (whether
direct or indirect) that may be incurred by you; any claim, damage, or loss which may be incurred by you as a result
of any of your transactions involving the
Website. any direct , indirect, special incidental , consequential or punitive damages, including but not
limited to, personal injury, pain and
suffering, emotional distress, loss of goodwill loss of data.
LEGAL LIMITATION
As some jurisdictions do not allow some of the
exclusions or limitations as established above,
some of these exclusions or limitations may not apply to you. In that event,
the liability will be limited as far as
legally possible under the applicable legislation.
DISCLAIMER OF WARRANTIES YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.THE SERVICES
PROVIDED BY US OR OUR THIRD-PARTY SERVICE
PROVIDERS ARE PROVIDED "AS
IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
ACCURACY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NONINFRINGEMENT, ARISING
BY STATUTE OR OTHERWISE IN LAW OR FROM A
COURSE OF DEALING OR USAGE OR TRADE)
GENERAL BILLING AND PAYMENT
a. SafePay Service: The SafePay Service enables
Buyers to transfer certain payment responsibilities
to Efreeder. However, Efreeder.com agrees to refund such funds to Buyer in the event that (a) a Freelancer acknowledges
that services have not been completed or
(b) Buyer and Freelancer have concluded the process comprising the Arbitration Service with a result indicating that
Employer is the rightful recipient of such funds.
Efreeder.com agrees to keep both Buyer and Freelancer informed as to the status
of the Assumed Payment Liability and if, for any
reason, a party requests Arbitration Service
regarding such status, will notify both parties that the matter will be
addressed through the Arbitration
Service.
b. SafePay Disputes: If an Buyer or Freelancer
reasonably disputes the quality or completion
of services provided by such Freelancer, then both Buyer and Freelancer agree that Efreeder.com shall have no payment
obligations to any party related to relevant
fees until such dispute is resolved in accordance.
c. Legal Relationsihp Efreeder.com is not your
agent with respect to any funds that have been
transferred to Efreeder.com for any Assumed Payment Liabilities. Each Freelancer
must properly discharge and credit Buyers for
all payments that Efreeder.com makes to such
Freelancer in respect of services provided to such Buyers. Efreeder.com is not a "financial
institution" as defined under the Bank Secrecy Act (BSA) and the efreeder Billing and Payment Services are
payment services rather than a banking services;
(c) EFREEDER.COM IS NOT A BANK AND
ANY PAYMENTS TRANSFERRED THROUGH EFREEDER.COM ARE NOT INSURED
DEPOSITS ANDARE SUBJECT TO DEFAULT,
LOSS OR FORFEITURE.
CANCELLATIONS AND
REFUNDS
1. Cancellation of a project: Buyer believes
they are entitled to a refund, the Buyer can
notify Efreeder of the cancellation by requesting a refund.
2. Project Refund policy: A Buyer is entitled to
receive a refund of funds under the
following circumstances:
no response
non-delivery
3. Refund and cancellation penalties: Where the Seller is at fault for the refund (for
example, due to no response or they have cancelled the project), it will negatively impact their Seller status and rankings; where the Buyer is
found to be the cause for the refund (for
example, an early cancellation due to a change in their business need) it will negatively impact their Buyer status; multiple
refunds attributed to a User will lead to
temporary and/ or permanent restrictions on their account depending upon the severity.