Terms of ServiceWe are Prolancerz Pvt. Limited (“Prolancerz.com”).
These are our terms and conditions. They tell you what we do and how we do it.
1.OVERVIEW AND DEFINITIONS
Prolancerz is an online marketplace that enables buyers of professional services (“Employers”) to search for, enter into and manage transactions with providers of professional services (“Freelancers” and, collectively with Employers, “Registered Users”). The Website contains features that enable Freelancers and Employers to do, among other things, the following: Employers: Create profiles, post projects, search for Freelancers, communicate with Freelancers, negotiate with Freelancers, award projects to Freelancers, manage projects, leave feedback for Freelancers, and pay Freelancers. Freelancers: Create profiles, advertise capabilities, submit quotes, negotiate with Employers, obtain project awards, invoice, obtain feedback from Employers, and receive payment from Employers.
To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Project Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. Prolancerz.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
Accounts and Profiles
- General. Once you have registered with the Website as a Registered User, the Website will create your Account with Prolancerz.com and associate it with an account number.
- Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize Prolancerz to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
- Freelancers. As described on the Website, a Freelancer uses proposals to submit quotes for Projects. If a Freelancer requires additional proposals in a given month, the Freelancer has the option to buy additional proposals by purchasing a Proposal Pack as described on the Website. We reserve the right to change membership fees, the monthly number of proposals included in the membership options or the price Proposal Packs or institute new fees at any time, at the sole discretion of Prolancerz and upon reasonable notice posted in advance on the Website. No refunds of membership fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
A. Employer and Freelancer.
Project Agreement. The engagement, contracting and management of a project are between an Employer and a Freelancer. Upon acceptance of a quote, the Employer agrees to purchase, and the Freelancer agrees to deliver, the services and related deliverables in accordance with the following agreements:
(a) the agreement between Employer and Freelancer including the Project Bid, Project Description, and other terms and conditions as communicated between Employer and Freelancer on the Website or otherwise,
(b) these Terms of Service, and (c) any other content uploaded to the Website by Prolancerz.com (collectively, the “Project Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. Employer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. Freelancer is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner. Employer and Freelancer each covenants and agrees to act with good faith and fair dealing in performance of the Project Agreement.
2. Independence. Employer 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 Employer or between Prolancerz.com and any Employer or Freelancer.
We charge fees for certain services, such as introduction fees for Projects, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.
A. Services Fees. Prolancerz deducts one or more of the following fees, as applicable, from payments made by Employers to Freelancers using the Prolancerz Billing and Payment Services:
(1) Project Fee. Prolancerz charges all Freelancers a Project Fee. The fee is based on a Freelancer’s profile membership type and is deducted from the total amount paid by an Employer for a Project. Freelancer’s are charged a 3% to 10% Project Fee.
(2) Employer Payment Processing Fee. If an Employer pays a Freelancer, an Employer Payment Processing Fee depending on the mode of payment will be charged to the Freelancer.
(3) Freelancer Transfer Method Fee. If, upon a Freelancer’s request, funds are to be disbursed via check or an NEFT transfer or through Paypal a Freelancer Transfer Method Fee will be charged to the Freelancer as described on the Website.
(4) Dispute Resolution Service Fee. For use of Dispute Resolution Service, irrespective of the nature of resolution and any resulting disbursements, Prolancerz charges a Dispute Resolution Service Fee, equal to $ 5 or 5% (whichever is greater) of the total amount paid by an Employer to Prolancerz for the applicable project to which such payment relates.
B. We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by Prolancerz at any time, at the sole discretion of Prolancerz and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
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 ad valorem or other taxes (for example, GST in China), on certain fees that we charge. These taxes will be added to fees billed to you, if applicable. Certain Sellers who are either registered or required to be registered for GST may be required to charge GST to Chinese Consumers on certain projects. You will be notified and asked to confirm on award/accept of such projects the appropriate GST treatment.
5.PROLANCERZ BILLING AND PAYMENT SERVICES
1. General. When a Freelancer completes a Project for an Employer, the Freelancer will complete the electronic invoice form (the “Invoice”) and submit it to Prolancerz.com via the Website. A Freelancer must complete and submit an Invoice to Prolancerz.com for each and every Project. The Freelancer will provide Prolancerz.com with a list of items, including, but not limited to, hours worked, payment required and description of Project(s), to be included on the Invoice (“Invoice Details”). Such Invoice Details will not be final until and unless such Freelancer has confirmed the accuracy of the Invoice Details or waived the right to review the Invoice Details. If a Professional waives his, her or its right to review the Invoice Details, all items in the Invoice Details will be included on the Invoice as received by Prolancerz.com. Prolancerz.COM ENCOURAGES ALL FREELANCERS TO REVIEW INVOICE DETAILS.Prolancerz.com will submit the Invoice to the Employer and the Employer shall submit the payment specified in the Invoice (“Payment”) to Prolancerz.com. When an Employer makes a payment through the Prolancerz Invoice Service, Prolancerz.com deducts the appropriate Service Charges due Prolancerz.com as described on the Website and delivers the remainder of the Payment to the Freelancer.
2.Safe Deposit Disputes. If an Employer or Freelancer reasonably disputes the quality or completion of services provided by such Freelancer, then both Employer and Freelancer agree that Prolancerz shall have no payment obligations to any party related to relevant fees until such dispute is resolved. Prolancerz’s obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such Payment.
(1) General. To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if Prolancerz determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, Prolancerz has the right to refuse to process such request.
(2) Hold on Transfers. Prolancerz reserves the right, at its sole discretion, to place a hold on requested transfers if Prolancerz suspects monies may be subject to charge back, bank reversal, failure to clear or fraud. Prolancerz will release a hold as soon as practical.
6.TERM – TERMINATION AND SUSPENSION
A. These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or Prolancerz as provided for under the terms of this section.
B. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) Prolancerz shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Prolancerz for any service and to any Freelancer for any services.
C. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for Prolancerz or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
D. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
7.PRIVACY AND CONFIDENTIALITY.