This Agreement was last modified on 26 February 2024.

This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.

In this User Agreement:

"Account" refers to the account linked to your email address.

"Buyer" denotes a User who purchases Seller Services or items from Sellers or identifies a Seller through the Website. A User may function as both a Buyer and a Seller under this agreement.

"Contest" indicates a contest promoted by a Buyer, wherein a Seller can submit one or more entries via the Website.

"Contest Brief" pertains to the document outlining the scope of a Contest, including items such as a design brief.

"Contest Handover," concerning a Contest, denotes the agreement between the Buyer and one or more winning Seller(s) wherein each Seller transfers ownership of the winning entry or entries to the Buyer.

"Dispute Resolution Process" refers to the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.

"Entrant" signifies a Seller who has entered a Contest.

"FreelanceHero," "we," "our," "company," or "us" denotes FreelanceHero LLC.

"Inactive Account" refers to a User Account that has not been logged into for a 6-month period or another period determined by us from time to time.

"Intellectual Property Rights" encompasses all intellectual property rights worldwide and the subject matter of such rights, including patents, copyright, circuit layouts, registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential.

"Local Job" or "Local Jobs" represents a service we provide to match a Buyer with a Seller for location-specific services.

"Milestone Payment" indicates a payment made by the Buyer for the provision of Seller Services under a User Contract and which will be released in accordance with the "Milestone Payments" section of these terms and conditions.

"Project" or "Listing" refers to a job offered or awarded by a Buyer via the Website, which may include a Project or Contest listed by a Buyer, a Project awarded by a Buyer (for example through HireMe), a service bought by a Buyer from a Seller, and a service awarded by a Buyer to a Seller as a result of a Contest or competition hosted via the Website.

"Seller" denotes a User who offers and provides services or identifies as a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.

"Seller Services" encompasses all services provided by a Seller.

"FreelanceHero Services" encompasses all services provided by us to you.

"User," "you," or "your" refers to an individual who visits or uses the Website, including via the API.

"User Contract" includes:

 (1) this User Agreement;

(2) the Code of Conduct as amended from time to time;

(3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct;

(4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and

(5) any other material incorporated by reference from time to time.

"Verified Hero" Users have been satisfactorily verified under the Know Your Customer and Identity Verification Policy.

"Website" refers to the Websites operated by FreelanceHero and available at FreelanceHero.co and any of its regional or other domains or properties, and any related FreelanceHero service, tool, or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

1. Overview

By accessing the Website, you consent to the following terms with FreelanceHero. We reserve the right to amend this User Agreement and any associated information periodically by posting revised terms on the Website, without prior notice to you.

The Website serves as an online platform where Users engage in buying and selling Seller Services and items. Buyers and Sellers must create an Account to participate in buying or selling Seller Services and/or items. Through the Website, Users collaborate online to fulfill and pay for Projects, as well as to buy and sell items, utilizing the services we provide. It's important to note that we act solely as a facilitator of connections between Buyers and Sellers in the online venue, and we are not party to any contractual agreements between them.

We reserve the right to modify or augment the Website, its information, products, or services without prior notice. However, we do not commit to maintaining the Website's ongoing accuracy. We are not responsible to you or any other party for any errors in the information provided on the Website or for any outdated information.

2. Scope

Prior to utilizing the Website, it is imperative that you thoroughly review the entire User Agreement, as well as the Website policies and all associated information.

You are required to carefully read and acknowledge all terms outlined in, and linked to, this User Agreement, the Code of Conduct, the FreelanceHero Privacy Policy, and all Website policies. By acknowledging this User Agreement upon accessing our Website, you affirm that it will govern your usage of the Website and any tools provided for interacting with it. Certain Websites may feature additional or alternative terms that we will furnish to you when you engage with those services.

3. Eligibility

You are prohibited from using the Website if you:

1. Are incapable of forming legally binding contracts;
2. Are under the age of 16;
3. Are barred from receiving or providing services under the laws of Australia or other applicable jurisdiction;
4. Are suspended from using the Website; or
5. Do not possess a valid email address.

All free user accounts are linked to individuals, and login credentials should not be shared with others. The individual associated with the account will bear full responsibility for all actions performed using the account, without exception.

Subject to local laws, individuals over 15 but under 18 may utilize an adult's account with the account holder's consent. Nonetheless, the account holder remains accountable for all actions carried out using the account, without exception.

Users have the option to provide a business or company name associated with their account. However, users acknowledge and agree that, if a business or company name is linked to their account, this User Agreement constitutes a contract with the individual user, not the business or company. Users are solely responsible for all activities conducted in relation to their account.

A corporate entity such as a company, corporation, trust, partnership, or other non-individual entity may become a user subject to meeting the eligibility criteria for a corporate account and paying corporate subscriptions.

We reserve the right, at our sole discretion, to decline the registration of any individual or entity as a user.

You may not transfer or assign any rights or obligations under this agreement without obtaining prior written consent.

4. Using FreelanceHero

While using the Website, you must refrain from attempting or engaging in any of the following activities:

1. Posting content or items in inappropriate categories or areas on our Websites and services.

2. Infringing any laws, third-party rights, or our policies, such as the Code of Conduct.

3. Failing to deliver payment for services rendered to you.

4. Failing to deliver Seller Services purchased from you.

5. Circumventing or manipulating our fee structure, the billing process, or fees owed to FreelanceHero.

6. Posting false, inaccurate, misleading, deceptive, defamatory, or offensive content, including personal information.

7. Taking any action that may undermine the feedback or reputation systems, such as displaying, importing, or exporting feedback information for purposes unrelated to the Website.

8. Transferring your FreelanceHero account (including feedback) and Username to another party without our consent.

9. Distributing or posting spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.

10. Distributing viruses or any other technologies that may harm FreelanceHero, the Website, or the interests or property of FreelanceHero users, including their Intellectual Property Rights, privacy, and publicity rights, or that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane, or which may harass or cause distress or inconvenience to, or incite hatred of, any person.

11. Downloading and aggregating listings from our website for display with listings from other websites without our express written permission, "frame," "mirror," or otherwise incorporating any part of the Website into any other website without our prior written authorization.

12. Attempting to modify, translate, adapt, edit, decompile, disassemble, or reverse-engineer any software programs used by us in connection with the Website.

13. Copying, modifying, or distributing rights or content from the Website or FreelanceHero's copyrights and trademarks.

14. Harvesting or otherwise collecting information about Users, including email addresses, without their consent.

15. Using FreelanceHero to facilitate money exchange, including but not limited to cryptocurrency (e.g., bitcoin, ethereum, etc.).

5. Intellectual Property Rights Infringement

Our commitment is to address clear notices of alleged intellectual property rights infringement. The Copyright Infringement Policy aims to simplify the process of submitting notices of alleged infringement to us while minimizing the occurrence of fraudulent or ambiguous notices. If you believe that your Intellectual Property Rights have been infringed upon, please inform us, and we will conduct a thorough investigation.

6. Fees and Services

We levy fees for specific services, including introduction fees for Projects, listing upgrades, and memberships. When you utilize a fee-based service, you will be presented with the opportunity to review and accept the applicable fees outlined in our schedule of Fees and Charges, which we may revise periodically and update on our Website. Temporary adjustments to our service fees may be made for promotional events, such as discounts on memberships, or for new services. These changes become effective when we announce the temporary promotion or introduce the new service on our Websites, or as communicated through promotional materials.

Unless specified otherwise, all fees are stated in United States Dollars.

 

0% Fees Promotion

Project commissions for Sellers who refer new Buyers without existing FreelanceHero accounts will be reduced from 10% to 0% for all subsequent Projects completed by the referring Seller ("Referrer") for the referred Buyer ("Referee"). However, this reduction is subject to specific conditions:

1. Referees must be referred using the designated promotional links available at https://www.FreelanceHero.co/no-commission.
2. The 0% commission applies solely to new work performed by the Referrer for the specific Referee who has successfully joined FreelanceHero through the promotional link. These new Projects must commence after the Referee creates a new account on FreelanceHero and initiates Projects using that account.
3. The reduced commission applies only to Project commissions on FreelanceHero. Other fees and charges, including Buyer commissions and transaction fees, remain unaffected.
4. This promotion does not extend to Contests.
5. FreelanceHero reserves the right to review Referee classifications as new Buyers to ensure fair promotion use. Referees must have engaged and paid the Referrer before this promotion's commencement, possibly on another platform. The Referrer may need to provide evidence of prior work and payment. Referees must not have had any prior FreelanceHero account to be eligible.
6. All other terms of the User Agreement remain applicable - refer to https://www.FreelanceHero.co/about/terms.
7. All other elements of the Fees and Charges section of the Additional Terms remain applicable - see https://www.FreelanceHero.co/feesandcharges.
8. Both parties may need to complete their profiles and pass identity checks before payment release.
9. Project details for which the commission reduction applies must be appropriately completed.
10. FreelanceHero may withdraw this promotion for specific users in cases of significant reversals, fraud, or chargebacks, or if there is a risk of disputes between Referee and Referrer.
11. FreelanceHero may disallow use of this promotion if suspected fraud is detected.
12. Submission of additional information may be required for fraud investigation and risk management.
13. FreelanceHero reserves the right to cancel or amend this promotion at any time.
14. The promotion may be canceled in any region if offering it becomes unlawful for any resident of that region.
15. FreelanceHero may recover fees from users participating in the 0% program if they are found to be acting in bad faith at any time.

Referral Program

During a limited promotional period, FreelanceHero will offer site credits or reduced fees to specific users as a reward for referring new Buyer users to the platform. This promotion is intended for existing users of the website ("Referrers") who refer new Buyer users ("Referees") with the intent to post their first job. The promotion is subject to the following conditions:

 

1. The Referrer must be an existing user of the Website.
2. All program members, including referrers and referees, are subject to all other terms and conditions of the website, which take precedence over this section in case of dispute.
3. All program members must be over the age of 16 years.
4. Referees must be referred using specific promotional links on https://www.FreelanceHero.co/give or https://www.FreelanceHero.co/no-commission or via links in email or other promotional correspondence related to this promotion.
5. Users may be required to provide verification of payment or other user information before receiving the credit.
6. Any site credit given in relation to this promotion may expire at the Company's discretion.
7. Referrers will receive credit when the relevant Referee user fully releases a minimum of $50 worth of milestone payments for a new Project or awards a prize for a new Contest.
8. Site credit may only be used to establish milestone payments, fund prizes for new Contests, or pay site Project or Contest fees.
9. FreelanceHero reserves the right to review Referees' classifications as new Buyers to ensure fair use of the promotion. Referees must not have had an active FreelanceHero account with payment activity within the six (6) months immediately prior to creating the new account.
10. Both parties may need to complete their profiles and/or pass identity checks before payments are released.
11. FreelanceHero may withdraw this promotion for specific users in cases of significant reversals, fraud, chargebacks, disputes between Referee and Referrer, or other reasons.
12. FreelanceHero may cap the maximum value of site credit accrued by an individual Referrer or group of users.
13. FreelanceHero may disallow use of this promotion in its sole discretion to prevent suspected fraud or ensure fair use.
14. Additional information may be required for fraud investigation and risk management, including evidence of bona fide work related to any Project or Contest funded with site credit.
15. FreelanceHero reserves the right to cancel or amend this promotion at any time.
16. The promotion may be canceled in any region if deemed unlawful to offer to residents of that region.
17. FreelanceHero may cap the total site credit available under the program.
18. Site credit may not be duplicated, sold, traded, or transferred in any manner, including withdrawal for cash.
19. FreelanceHero may reverse credit earned if Referrers or Referees are found not to be using the site in good faith.
20. Referrals must have unique payment sources to qualify the parent for the referral credit.
21. Bonus credit is reserved for referring users who act in good faith and sign up with the intent of using the website.
22. FreelanceHero reserves the right to remove credit or users from the program for bad faith or abuse.
23. Management decisions are final; no correspondence will be entered into.
24. Management and employees of FreelanceHero and its related companies are ineligible to participate.
25. Any void, unenforceable, or illegal term may be severed, with remaining terms continuing in full force.
26. FreelanceHero may set bonus credits for each referrer and referral user and release credits in any currency.
27. FreelanceHero is not liable for any loss, damage, or personal injury connected with participation in the program or acceptance of prizes.

Credit Promotions

This section pertains to all promotions offering free site credit provided under any program, including the Referral Program, and other site or email promotions.

From time to time, FreelanceHero may offer site credits (for example, US$20 off your next project) to specific users as a promotion. In such cases, the credit may be provided in the form of coupon links or codes, emails, SMS, or advertisements.

Here are the conditions governing these promotions:

1. All members of the program are subject to all other terms and conditions of the website. In case of dispute, this section will prevail.
2. All members of the program must be over the age of 16 years.
3. Users may need to provide verification of payment or other user information before receiving the credit.
4. Any site credit given in relation to this promotion may expire at any time determined by the Company.
5. Any site credit will expire no longer than 30 days unless otherwise specified in the promotion.
6. This site credit may only be used for establishing milestone payments, funding prizes for new Contests, or paying site fees, including project fees, contest fees, upgrades, and memberships.
7. FreelanceHero may require redeeming users to complete their profiles and/or pass identity checks before payments are released.
8. This promotion may be withdrawn for specific users if significant reversals, fraud, chargebacks, disputes, or other risks are observed.
9. FreelanceHero may cap the maximum value of site credit accrued by an individual or related individuals.
10. No individual or group of related individuals may accumulate more than US$5,000 of site credit.
11. FreelanceHero reserves the right to disallow use of this promotion to prevent suspected fraud or ensure fair use.
12. FreelanceHero may request further information from any party applying to use this promotion for investigating fraud and risk management purposes.
13. FreelanceHero reserves the right to cancel or amend this promotion at any time.
14. The promotion may be canceled in any region if offering it becomes unlawful.
15. FreelanceHero reserves the right to cap the total site credit available under the program.
16. The total site credit available under any program is capped at US$20,000.
17. Site credit may not be duplicated, sold, traded, or transferred in any manner, including withdrawal for cash.
18. FreelanceHero may remove credit or users from the program if abuse is detected.
19. Management decisions are final, and no correspondence will be entered into.
20. Management and employees of FreelanceHero and its related companies are not eligible to participate.
21. Any void, unenforceable, or illegal term may be severed, with remaining terms continuing in full force.
22. FreelanceHero may set bonus credits for each user and release them in any currency.
23. FreelanceHero is not liable for any loss, damage, or personal injury in connection with participation in the promotion.

7. Taxes

You are responsible for paying any applicable taxes, including goods and services or value-added taxes, 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 on certain fees that we charge. These taxes will be added to fees billed to you if applicable. You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

Certain Sellers who are either registered or required to be registered for GST may need to charge GST to Australian Consumers on certain projects. You will be notified and asked to confirm the appropriate GST treatment upon award/acceptance of such projects.

8. Payment Administration Agent

You acknowledge and agree that we may, at our sole discretion, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf.

Such a third party will be granted the same rights, powers, and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers, and privileges as our agent or in their own name. However, in no event shall we be liable to any User for any loss, damage, or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by FreelanceHero.

9. Promotion

We reserve the right to display your company or business name, logo, images, or other media as part of the FreelanceHero Services and/or other marketing materials related to the Website, unless you have explicitly requested otherwise and we have agreed to such a request in writing.

You acknowledge that we may utilize the public description of your Projects and the content of your profile information on the Website for marketing and other related purposes.

10. Content

We do not claim ownership of your User Content; however, by using our services, you grant us a non-exclusive, sublicensable, irrevocable, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available, and otherwise exploit such User Content, in whole or in part, across all media formats now known or hereafter devised and on third-party sites and platforms, without further notice to you, and without the requirement of permission from or payment to you or any other person or entity.

You acknowledge and agree that:

1. We act 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.
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:

1. 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.
2. Will not violate any law or regulation.
3. Will not be defamatory or trade libellous.
4. Will not be obscene or contain child pornography.
5. Will not contain the development, design, manufacture, or production of missiles, or nuclear, chemical, or biological weapons.
6. Will not contain material linked to terrorist activities.
7. Will not include incomplete, false, or inaccurate information about User or any other individual.
8. 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.

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Australia or the EEC-area. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and FreelanceHero Services and may close your Account.

Information on the Website may contain general information about legal, financial, health, and other matters. The information is not advice and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter, you should consult your professional adviser.

We provide unmonitored access to third-party content, including User feedback and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no liability based on or related to third-party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third-party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies, or performance of the websites we link to from the Website. Use of third-party content, links to third-party content, and/or websites is at your risk.

In relation to the deletion or hiding of any information or content, using the Website to delete, hide, or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfill record-keeping, regulatory, compliance, statistical, law enforcement, and other obligations.

 

11. Feedback, Reputation and Reviews

You acknowledge that you transfer the copyright of any feedback, reputation, or reviews you leave, including comments and ratings (e.g., quality, communication, etc.), along with any composite rating generated by us. Such feedback, reputation, and reviews are recognized as belonging solely to us, even though we permit you to display them on our Website while you remain a User. You must not use or handle such feedback, reputation, and reviews in any manner inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You are prohibited from engaging in any actions that may undermine the integrity of the FreelanceHero feedback system. We reserve the right to suspend or terminate your Account at any time if we, at our sole discretion, have concerns regarding any feedback about you or your feedback rating, where we believe our feedback system may be compromised.

Our feedback ratings are our property and may only be utilized to facilitate the provision of Seller Services via the Website. You are not permitted to utilize your Seller or Buyer feedback (including, but not limited to, marketing or exporting any or all of your composite ratings or feedback comments) in any real or virtual venue other than a website operated by FreelanceHero or its related entities, without our written permission.

12. Advertising

Unless specifically agreed with us, you are prohibited from advertising an external website, product, or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board, or the message board, must be relevant to a Project, Contest, listed item, user, or service being offered on the Website.

We reserve the right to display advertisements or promotions on the Website. You acknowledge and agree that we shall not be held responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions, or any subsequent dealings with third parties. Additionally, you acknowledge and agree that the content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents, or other intellectual property or proprietary rights and laws. Without express authorization from FreelanceHero or third-party right holders, you agree not to modify, sell, distribute, appropriate, or create derivative works based on such advertisements or promotions.

13. Communication With Other Users

Communication with other users on the Website must be conducted solely through the text, audio, and/or video chat functionality provided by the platform, including message boards, public clarification boards, Project message boards, direct message sending, and other communication channels available on the Website.

You are prohibited from posting your email address or any other contact information (including Skype ID or similar identifying strings on other platforms) on the Website, except in the "email" field of the signup form, at our request, or as otherwise permitted by us on the Website.

Unless you have an established relationship with a User, you are only allowed to communicate with Users via the Website. You must not, under any circumstances, attempt to communicate with other Users through alternative means such as email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat, or Yahoo.

Users may face penalties if they are found to be engaging in communications or transactions outside of the platform. Any terms agreed upon between Users via video or audio chat must be confirmed in writing using the chat or direct message function.

FreelanceHero reserves the right to use information such as your name, location, display or username, and/or your image in relation to providing messaging services on the Website or in the mobile apps.

We retain the right to review all correspondence posted to the Website and to download or access, and if necessary, test all uploaded files, programs, and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management, and other related purposes..

14. Identity / Know Your Customer

You authorize us, either directly or through third parties, to conduct any inquiries we deem necessary to validate your identity. Upon our request, you must: (1) furnish additional information, which may include your date of birth or other details enabling us to reasonably identify you; (2) take measures to confirm ownership of your email address or financial instruments; or (3) validate your information against third-party databases or other sources.

At our discretion, you may be required to provide copies of identification documents such as your passport or driver's license. Additionally, we may request photographic identification holding your identification alongside a sign containing a code provided by us as an additional step for identity verification. We also reserve the right to request a video interview with you to authenticate this information, your identity, background, and skills.

In the event we are unable to obtain or verify the requested information to our satisfaction, we reserve the right to close, suspend, or limit access to your Account, the Website, and/or FreelanceHero Services.

We retain the right to update your profile information on the website to align with any identity documentation provided. Disbursements, such as wire transfers from the website, will only be issued to the beneficiary matching the identity documents and account information you have provided.

If you are not Verified by FreelanceHero, you may encounter limitations on withdrawing funds from your FreelanceHero Account, and other restrictions may apply. Please refer to the Know Your Customer and Identity Verification Policy for further details.

15. User Services

Upon the Buyer awarding a Project or Contest to the Seller, and the Seller's acceptance on the Website, or the purchase of an item by a Buyer from the Seller, a User Contract is established wherein the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. It is prohibited to enter into contractual provisions that conflict with the User Agreement.

Users are solely responsible for ensuring compliance with their obligations to other Users and may become liable if they fail to do so. Users must be aware of relevant domestic and international laws, statutes, ordinances, and regulations applicable to their roles as Buyers or Sellers, or in any other interactions on the Website.

In the event of another User's breach of obligations, the affected User is responsible for enforcing any rights they may have, and FreelanceHero bears no responsibility for enforcing such rights under a User Contract.

Sellers and Buyers may have statutory warranties rights depending on their jurisdiction, which cannot lawfully be excluded. The User Agreement does not intend to override rights protected by applicable law, including laws related to unfair contracts. The agreement has been revised to ensure compliance with unfair contracts legislation. If any component of the User Agreement conflicts with inalienable rights under local laws, the parties intend for the agreement to be adjusted only to comply with such laws and no further.

Users acknowledge that the relationship between Buyers and Sellers is that of independent contractors. The User Agreement does not establish a partnership, joint venture, agency, or employment relationship between Users or between FreelanceHero and any User.

16. Special Provisions for Local Jobs

Each User acknowledges the following terms:

1. FreelanceHero does not review, approve, recommend, or verify any credentials, licenses, or capability statements related to Local Jobs or any non-Local Jobs on the Website.

2. FreelanceHero offers matchmaking and platform services exclusively. Users agree that FreelanceHero bears no liability for any aspect of service delivery or interactions between Buyers and Sellers. While FreelanceHero provides a dispute resolution mechanism, it is not a party to disputes between Buyers and Sellers.

3. FreelanceHero may include map features and display the location of Users to individuals browsing the Website. Buyers seeking services for Local Jobs are required to provide the job location. Users expressly agree that FreelanceHero is not liable for displaying such information.

4. Users must not disclose personal details such as name, street number, phone number, or email address in any public communication on the Website. However, such details may be disclosed in private direct messages for Local Jobs as needed.

5. FreelanceHero may collect location-related data from Users via various technologies and may share this data to facilitate services for Local Jobs. Users consent to this collection and sharing as part of the agreement.

6. Upon completion of a Local Job Project, Seller Users must log on to the Website and click the "Complete" button promptly.

7. Failure to complete the service or task constitutes a breach of the User Agreement.

8. Fees are applied based on the amount of the awarded Seller's bid for performing services for the Local Job. Any items purchased by the Seller as part of service provision are solely between the Buyer and Seller.

17. Funds

Here are the key points regarding funds held in your FreelanceHero Account:

1. Positive Funds: Positive funds may result from prepaid fees, successfully completed projects, sales, or credits from affiliate or referral programs.
2. Handling of Funds: Funds in your Account are held by FreelanceHero in operating accounts with financial institutions. They are not held separately and may be commingled with general operating funds or other User Accounts.
3. No Interest: You are not entitled to interest or earnings on funds held in your Account. Any interest earned on such funds belongs to FreelanceHero.
4. Negative Funds: If your Account has negative funds, FreelanceHero may set-off the negative amount with subsequent funds, reverse payments, deduct owed amounts, or suspend your Account until the balance is resolved.
5. Collection of Owed Funds: FreelanceHero reserves the right to collect owed funds through various means.
6. FreelanceHero's Status: FreelanceHero is not a bank or licensed financial institution and does not provide banking or financial services.
7. Unsecured Obligations: Funds in your Account represent unsecured obligations from FreelanceHero regarding payments related to Seller Services and FreelanceHero Services.
8. Responsibility for Funds: If your account was acquired in an acquisition and migrated, FreelanceHero's responsibility for your positive funds is limited to the legal documentation and this agreement.
9. Refunds: Refunds will be returned only to the original deposit source and cannot be redirected.
10. Commingling of Funds: FreelanceHero may commingle your funds with those of other Users and its own funds for various purposes, but remains obligated to release or refund funds at your direction according to the User Agreement..

18. Limits & Fraud Prevention

We retain the authority to halt a User's withdrawal request if there are suspicions regarding the source of the funds being fraudulent. Should we detect any funds credited to your Account originating from another Account due to fraudulent activity, immediate reversal will ensue. In the event that such funds have already been disbursed to you, reimbursement into your Account is mandatory. Failure to comply may result in the suspension, restriction, or termination of your account, or necessitate further actions to reclaim the funds.

At our discretion, we may impose restrictions on all or some of the funds in your Account, effectively prohibiting their use, under various circumstances:

1. If we perceive an unacceptable level of risk associated with you, your Account, or any of your transactions, including the potential for funds to be subject to reversal or chargeback.
2. If we suspect that the payment beneficiary is someone other than you.
3. If the payment is directed to a country where our services are not offered.
4. If compelled by law or by relevant law enforcement agencies.

In the event of a dispute, we reserve the right to temporarily limit the funds in your Account to cover potential liabilities. Should the dispute be resolved in your favor, the limit on your funds will be lifted, and the funds may be made available to you. Conversely, if the dispute is not resolved in your favor, the funds may be deducted from your Account. We may also impose limits on your account if there are suspicions of fraudulent or other unacceptable behavior while investigations are conducted.

19. Refunds

You are entitled to request a refund for any funds deposited into your Account, except for amounts related to Milestone Payments as per Section 25 or fees and charges payable to us. If the refund pertains to: (1) a Milestone Payment subject to Section 25, the Dispute Resolution Process must be followed; or (2) our fees and charges, the process outlined in the "Disputes with Us" Clause applies.

Should we approve the refund, the funds will be returned to the User using the same payment method(s) initially used for the payment to us. We reserve the right to refund funds to Users under various circumstances, including but not limited to: (1) legal requirements; (2) avoidance of disputes or increased costs; (3) compliance with specified refund policies; (4) identification of fraudulent payments; (5) duplicate payments made in error by the User; or (6) to prevent credit card chargebacks.

To request a refund, you can utilize our customer support website or email us at support@FreelanceHero.co. Upon making a Milestone Payment subject to Section 25, you explicitly agree to abide by the dispute resolution process outlined in this agreement and agree not to initiate any chargeback requests with your card issuer.

Initiating a chargeback request or similar process implies your consent for us to share relevant information regarding your agreement to these terms and conditions, aimed at contesting any chargeback request. If you have already initiated a chargeback request with your credit card issuer, you must refrain from seeking a refund from us to prevent double recovery.

In cases where we reasonably determine, considering all relevant circumstances, that you have made an excessive or unreasonable number of refund requests or chargebacks, we reserve the right to suspend, limit, or close your Account.

20. Withdrawals

Your initial withdrawal of earned funds may experience a delay of up to fifteen days for security and fraud prevention purposes. Subsequent withdrawals may also be subject to delays of up to fifteen days if our fraud prevention policies necessitate such action.

There may be a minimum withdrawal amount for earned funds, as specified in our schedule of Fees and Charges. Additionally, the maximum monthly withdrawal limit is $50,000, unless you have arranged otherwise with our support team.

Verification by FreelanceHero may be required before you can withdraw funds from your FreelanceHero Account, regardless of whether a delay has been implemented. For instructions on becoming Verified by FreelanceHero, please refer to the Know Your Customer and Identity Verification Policy.

You acknowledge and consent to our potential verification of your identity or request for additional information as part of our anti-fraud and Know Your Customer policy, detailed in the "Identity / Know Your Customer" sections of this agreement..

21. Chargebacks

A chargeback, which refers to a challenge to a payment initiated by a User with their card issuer or financial institution, as well as any subsequent reversal instruction, is processed by the payment product issuer or third parties (such as payment processors), and not by us. We are obligated to comply with such instructions.

You acknowledge and consent that we reserve the right to recover any chargebacks and reversals imposed on us by a payment product issuer or third parties (such as payment processors) regarding funds paid to you by Buyers through the Website. This includes any associated processing fees or other charges incurred by us due to those chargebacks and reversals.

You agree that we may reverse any payments made to you that are subject to chargeback or reversal instructions via your payment product issuer or third parties (such as payment processors). If you initiate any chargeback request or similar process, you explicitly agree and authorize us to disclose any and all information regarding your acceptance of these terms and conditions to counteract any such chargeback request..

22. Inactive Accounts

User Accounts that remain inactive for a certain period will be subject to a monthly maintenance fee until the account is either reactivated or closed. This fee covers storage, bandwidth, support, and management costs associated with hosting the User's profile, storing portfolios, listing in directories, promoting the profile on the Website and other platforms, providing the HireMe service, file storage, message transmission, general administrative tasks, and storage costs for messages and other data.

The duration of the inactive period and the amount of the maintenance fee are outlined in our schedule of Fees and Charges. We retain the right to close an Inactive Account at our discretion. Additionally, accounts with zero or negative funds may be subject to closure..

23. Right to Refuse Service

We reserve the right to close, suspend, or limit your access to your Account without providing a reason. Such actions may be taken if:

 

1. We determine that you have violated or are violating this User Agreement.

2. You under-bid on a Project to renegotiate the price privately, attempting to evade fees.

3. We determine that you have infringed upon legal rights, including Intellectual Property Rights.

4. We determine that you have engaged or are engaging in fraudulent or illegal activities.

5. You fail to respond to account verification requests.

6. You do not complete account verification within 3 months of the request.

7. You are subject to sanctions regimes or our banking relationships prevent us from doing business with you.

8. To manage any risk of loss to us, a User, or any other party.

9. For other reasons deemed necessary.

 

If your Account is closed due to a breach of this User Agreement, you may be liable for certain fees outlined in the agreement. In addition to other remedies, if you breach the User Agreement, you must pay us all owed fees, reimburse us for losses, costs (including employee time), and reasonable expenses (including legal fees) incurred during the investigation of the breach and fee collection.

You acknowledge and agree that:

1. Damages resulting from your breach may be substantial, including fines and expenses from payment processors and Users.

2. We may fine you up to US$3,000 for each breach and pursue legal action to recover losses.

3. The fine is a reasonable estimate of damages considering the circumstances.

4. We may deduct the fine amount from your Account.

If we close your Account for reasons unrelated to a breach of the User Agreement, you will receive any due payment from us unless otherwise specified. In such cases, you have no claim against us regarding the suspension or termination of your Account..

28. Disputes With Us

If you encounter a dispute with FreelanceHero, we aim to address your concerns promptly. We encourage you to reach out to us directly via our customer support website or by emailing support@FreelanceHero.co to seek resolution.

For dispute resolution, FreelanceHero may opt for binding non-appearance-based arbitration as a cost-effective solution. In such cases, arbitration will be conducted through an established alternative dispute resolution (ADR) provider chosen by you from a panel provided by FreelanceHero. The arbitration process adheres to the following principles:

a) Arbitration may be conducted via telephone, online, or solely based on written submissions, as chosen by the initiating party.

b) Personal appearances by parties or witnesses are not required unless mutually agreed upon.

c) Any arbitrator's judgment may be entered in a court of competent jurisdiction.

All claims against FreelanceHero must adhere to the terms outlined in this Agreement. Claims filed contrary to these terms will be considered improperly filed and a breach of the Agreement. FreelanceHero reserves the right to recover legal fees and costs, including those incurred in-house, if a claim is improperly filed and not promptly withdrawn after notification.

You agree not to pursue claims under this User Agreement on a class or representative basis, nor seek to coordinate or consolidate arbitration or actions with other proceedings.

In the event of bankruptcy or insolvency proceedings initiated by or against you, FreelanceHero reserves the right to recover all reasonable costs and expenses incurred in enforcing this Agreement, including legal fees.

FreelanceHero's failure to act regarding a breach by you or others does not waive our right to address subsequent or similar breaches in the future.

29. Currencies

Certain Websites may display rates in the local currency alongside the actual amount, converted from the originating currency using indicative market exchange rates. It's important to understand that these rates are only indicative, and the specified amount in the origin currency is the actual amount.

For your convenience, you have the option to withdraw funds from the Website in another currency. If you choose to do so, you will be provided with an exchange rate quote available for a specified time, which you can accept. A fee may be charged for currency conversion transactions, embedded within the provided rate, and the currency exchange will be settled immediately.

We reserve the right to reject any currency conversion request at any time. You assume all risks associated with converting and maintaining funds in different currencies, including fluctuations in exchange rates that may decrease the aggregate value of your funds. It's important to note that the Website is not intended for speculative trading, which could lead to substantial losses. We are not a financial services provider.

All information regarding currency conversion on the Website is general information only, and the use of currency conversion is at your own risk. Currency conversions are final and cannot be reversed.

30. Contests

Buyers have the option to promote a Contest on the Website by providing a Contest Brief and paying the Contest Prize according to the instructions provided. The Buyer acknowledges sole responsibility for operating and promoting the Contest and warrants compliance with all applicable laws. We bear no liability for any losses incurred by a User in connection with a Contest, including losses resulting from any legal violations.

Entrants may submit their entries in various formats specified on the Website, such as images, videos, or text, adhering to the Contest Brief and refraining from infringing any Intellectual Property Rights. Entries that violate Intellectual Property Rights are ineligible and subject to removal by either the Buyer or us, in accordance with our Copyright Infringement Policy.

Buyers can choose between two types of promotion methods: (1) a regular prepaid Contest, where the Buyer selects one or more winning Entrant(s) and may request the Contest Prize if no winner is chosen within 30 days of the Contest closing date; or (2) a guaranteed Contest, where the Buyer selects one or more winning Sellers, and if no winner is selected, we distribute the Contest Prize to Entrants and charge appropriate fees. After 30 days, we reserve the right to distribute the prize to participating Sellers.

Buyers can utilize the "Contest Poll" feature to invite others to vote on contest submissions, aiding in decision-making. Invitees are notified via email to create a FreelanceHero.co account to view poll results after voting.

Upon awarding a Contest Prize, the Buyer and winning Entrant(s) enter a Contest Handover. Upon uploading the winning entry, the Contest Prize is released to the winner, unless disputed by the Buyer. Disputes must be resolved between the Buyer and winning Entrant(s) before we release the Contest Prize.

The Buyer is only licensed to use the winning entry/entries and may not: (1) promote similar Contests elsewhere while using our service; (2) accept entries from Sellers outside the Website; or (3) engage in collusion or award another Account owned by the Buyer..

31. Survival and Release

This agreement prevails over any prior agreements between you and the Company. If any part of this document is deemed unenforceable, it will be limited to the minimum extent necessary to maintain the document's overall validity. Our failure to enforce any part of this document does not waive our rights to enforce it later. We may assign our rights and obligations under this document as needed.

In the event of a dispute between participants on this site or between users and any third party, you acknowledge that the Company is not obligated to intervene. Should you have a dispute with one or more users, you release the Company, its officers, employees, agents, and successors from any claims or damages arising from such disputes and/or our Services, whether known or unknown, suspected or unsuspected, disclosed or undisclosed. If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."

32. Access and Interference

1. You agree not to utilize any robot, spider, scraper, or other automated means to access the Website, including our API (application programming interface), without our explicit written consent.
2.  
3. Furthermore, you agree not to:
4.  
5. 1. Engage in any action that may unreasonably burden or overload our infrastructure, at our reasonable discretion.
6. 2. Interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system, or network connected to or used in relation to the Website or your Account, or assist others in doing so.
7. 3. Reproduce, modify, create derivative works from, distribute, or publicly display any content from the websites without prior express written permission from FreelanceHero and the appropriate third party.
8. 4. Interfere or attempt to interfere with the proper functioning of the Websites, services, or tools, or any activities conducted on or with them.
9. 5. Circumvent our robot exclusion headers or other measures used to prevent or restrict access to the Website.

33. Closing Your Account

You have the option to close your Account at any time, accessible through the Account Settings.

Account closure is contingent upon:

1. Ensuring there are no outstanding listings on the Website associated with your Account.

2. Resolving any pending matters, such as a suspension or restriction on your Account.

3. Settling any outstanding fees or amounts owed on the Account.

We may retain certain personal information to meet regulatory obligations and our external commitments. Please note that closing your account does not automatically delete or remove all the information we have on file.

34. Privacy

We utilize your information in accordance with the FreelanceHero Privacy Policy. If you disagree with the transfer or usage of your information as outlined in the policy, you should refrain from using our services. Specifically, your name and personal details will be employed for identity verification purposes during regular business operations within this online marketplace. This may involve their inclusion on invoices and purchase orders generated between transacting parties, including those automatically created during awarding, acceptance, and payment processes.

35. Indemnity

You agree to indemnify us (including our officers, directors, agents, subsidiaries, joint venturers, and employees) against any claims or demands, including legal fees and costs, brought against us by any third party due to or arising out of your violation of this Agreement or your infringement of any law or the rights of a third party while using the Website and FreelanceHero Services.

Furthermore, we reserve the right to apply any funds in your Account toward any liabilities you owe to us or losses suffered by us as a result of your failure to perform or breach of this User Agreement.

36. Security

You are required to promptly notify us upon discovering any unauthorized access or security breach to the Website, your Account, or the FreelanceHero Services. You must take all necessary steps to mitigate the unauthorized access or security breach, including preserving evidence and informing the relevant authorities. Your User Account is strictly for your use only, and you must not share your password with others. It is your sole responsibility to secure your password. We will not be held liable for any loss or damage resulting from unauthorized access to your account due to your failure to secure your password.

37. No Warranty as to Each User's Purported Identity

We do not have the capability to verify each User's claimed identity on the Website. While we may offer information about a User, such as a strength or risk score, geographic location, or third-party background check or verification of identity or credentials, this information relies entirely on data submitted by the User. We offer such information solely for the convenience of Users, and its provision does not constitute an introduction, endorsement, or recommendation by us.

38. No Warranty as to Content

The Website operates as a dynamic and time-sensitive platform, where information is subject to frequent changes. Consequently, certain information may be perceived as offensive, harmful, inaccurate, misleading, or mislabeled, either accidentally by us or deliberately by a third party.

Our Services, including the Website and all its content, are provided on an "as is," "with all faults," and "as available" basis, without warranties of any kind, whether express or implied. Without limiting the foregoing, we make no representation or warranty regarding:

1. The Website or any Seller Services or FreelanceHero Services;

2. The accuracy, reliability, availability, veracity, timeliness, or content of the Website or any Seller Services or FreelanceHero Services;

3. Whether the Website or Seller Services or FreelanceHero Services will be up-to-date, uninterrupted, secure, error-free, or non-misleading;

4. Whether defects in the Website will be corrected;

5. Whether the Website, the Seller Services, or the FreelanceHero Services or any data, content, or material will be backed up or whether business continuity arrangements are in place regarding the Website, Seller Services, or FreelanceHero Services;

6. Any third-party agreements or any guarantee of business gained by you through the Website, Seller Services, or FreelanceHero Services or us; or

7. The Website, Seller Services, or FreelanceHero Services or infrastructure on which they are based, being error or malicious code-free, secure, confidential, or performing at any particular standard or having any particular function.

To the fullest extent permitted by law, we expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability, and non-infringement..

39. Limitation of Liability

In no event shall we, our related entities, our affiliates, or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

1. Any indirect, special, incidental, or consequential damages that may be incurred by you;

2. Any loss of income, business, or profits (whether direct or indirect) that may be incurred by you;

3. Any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates, or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion): to the supply of the FreelanceHero services again or the payment of the cost of having the FreelanceHero services supplied again.

40. Legal Limitations

As some jurisdictions may not allow some of the exclusions or limitations as established above, certain exclusions or limitations may not apply to you based on the applicable legislation. In such cases, liability will be limited as far as legally possible under the relevant laws.

We may assert this User Agreement as a defense to any claim, action, proceeding, or suit brought by you against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

You and we agree that both parties will only be permitted to bring claims against the other party on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not preside over any form of a consolidated, representative, or class proceeding. Furthermore, the arbitrator may only award relief (including monetary, injunctive, and declaratory relief) in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.

41. Notices

Legal notices will be served to the email address you provided to FreelanceHero during the registration process. Notice will be considered given 24 hours after the email is sent, unless the sending party is informed that the email address is invalid or that the email has not been delivered. Alternatively, we may provide you with legal notice by mail to the address you provided during the registration process. In such a case, notice will be considered given three days after the date of mailing.

42. Law and Forum for Legal Disputes

This Agreement will be governed in all respects by the laws of the United Kingdom. We encourage you to attempt to resolve disputes using certified mediation, such as online dispute resolution processes. If a dispute cannot be resolved through mediation, then you and FreelanceHero irrevocably submit to the non-exclusive jurisdiction of the courts of the United Kingdom.

43. Severability

The provisions of this User Agreement are severable, meaning that if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed, and the remaining provisions will still be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer, you will remain bound by this User Agreement.

44. Interpretation

Headings are provided for reference purposes only and do not define, limit, construe, or describe the scope or extent of the sections they precede.

45. No Waiver

Our failure to act regarding an anticipated or actual breach by you or others does not waive our right to act regarding subsequent or similar breaches. However, this section does not exclude or limit your liability arising from fraud or fraudulent misrepresentation.

46. Communications

You agree to receive notices and information from us regarding the Website and Services through electronic communication. You have the option to withdraw this consent at any time. However, if you choose to do so, we may decide to suspend or close your Account.

47. Additional Terms

It is imperative to thoroughly read and comprehend all our policies as they establish the guidelines for trading on the FreelanceHero Website. Additionally, there may be specific policies or rules that are applicable, and it is your responsibility to review our Help pages and policies to ensure compliance. Our policies, including all policies referenced within them, constitute part of this Agreement and outline additional terms and conditions related to specific services offered on our Websites, including but not limited to:

 

• • Privacy Policy
  • Code of Conduct
  • Milestone Dispute Resolution Policy
  • Know Your Customer and ID Verification Policy
  • Copyright Infringement Policy
  • API Terms and Conditions
  • Exam Terms and Conditions
  • Subscription Terms and Conditions

 

Each of these policies is subject to change periodically. Changes become effective upon posting on the FreelanceHero Website. When utilizing specific services on our Website, you are bound by any posted policies or rules applicable to the services you use through the Website, which may be updated periodically. All such policies or rules are integrated into this User Agreement..

48. General

FreelanceHero LLC is headquartered at [COMPANY ADDRESS].

This Agreement constitutes the complete understanding and agreement between you and FreelanceHero. The following Sections persist beyond any termination of this Agreement: Fees And Services (regarding fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us..

49. Abusing FreelanceHero

FreelanceHero reserves the right, to the fullest extent permitted, to limit, suspend, or terminate our service(s) and/or user account(s), suspend or ban access to our services, remove any content, and take any technical or legal steps to ban users.

Such actions may be taken for various reasons, including but not limited to:

1. Utilizing our services for illegitimate or non bona fide purposes.
2. Creating disputes with other users or posing potential legal liabilities.
3. Infringing upon the intellectual property rights of third parties.
4. Acting in a manner inconsistent with the letter or spirit of any of our policies.
5. Engaging in inappropriate or unreasonable communications with staff members.
6. Demonstrating abuse or poor performance in the Preferred FreelanceHero / Rising Stars Program.
7. Attempting to use FreelanceHero's platform or services for objectionable purposes.

50. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support website or emailing us at support@freelancehero.co.