Terms of Service

Introduction

Welcome to freelancerdir.com (“Site”, “We”, “Our”, “Us”). These Terms of Service (“Terms”) govern your use of our website and services. By accessing or using our Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use our Site.

1. Definitions

• User: Any person or entity using the Site, including but not limited to Freelancers and Clients.
• Freelancer: A user who offers services on the Site.
• Client: A user who purchases services on the Site.
• Services: The freelance services offered by Freelancers on the Site.
• Content: All information, text, graphics, or other materials uploaded, downloaded, or appearing on the Site.
• Project: The task or set of tasks that a Client requests a Freelancer to perform.
• Payment System: The integrated system on the Site that facilitates financial transactions between Clients and Freelancers.

2. Eligibility

To use the Site, you must be at least 18 years old and capable of entering into legally binding agreements. By using the Site, you represent and warrant that you meet these requirements. If you are using the Site on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and that entity accepts these Terms.

3. Account Registration

3.1. General Account Registration

To access certain features of the Site, you must register for an account. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain the security and confidentiality of your account password.
• Notify us immediately of any unauthorized use of your account.

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

3.2. Freelancer Account Registration

Freelancers must provide additional information, such as skills, experience, portfolio samples, and other relevant details. Freelancers must also agree to our Freelancer Code of Conduct and any other specific terms applicable to Freelancers.

3.3. Client Account Registration

Clients must provide payment information and agree to our Client Code of Conduct and any other specific terms applicable to Clients.

4. Use of the Site

4.1. User Conduct

You agree not to:

• Violate any applicable laws or regulations.
• Use the Site for any illegal or unauthorized purpose.
• Post or transmit any content that is defamatory, obscene, pornographic, abusive, or otherwise violates any law or right of any third party.
• Engage in any activity that interferes with or disrupts the Site.
• Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

4.2. Freelancer Responsibilities

Freelancers agree to:

• Provide services in a professional and timely manner.
• Deliver work that meets the specifications agreed upon with the Client.
• Maintain open communication with Clients throughout the project.
• Comply with all applicable laws and regulations in the performance of their services.
• Ensure that their services do not infringe upon the intellectual property rights of any third party.

4.3. Client Responsibilities

Clients agree to:

• Provide clear and detailed project specifications.
• Make payments in accordance with the agreed-upon terms.
• Provide timely feedback to Freelancers.
• Ensure that their project specifications do not require Freelancers to violate any applicable laws or regulations.
• Not request or induce Freelancers to provide work outside the Site.

5. Payments

5.1. Payment Terms

• Clients must pay for services through the Site’s payment system.
• Freelancers will receive payments through the Site after the completion and acceptance of their work.
• We may charge a service fee for transactions made through the Site, which will be disclosed at the time of transaction.
• All payments must be made in the currency specified on the Site.
• Clients are responsible for any applicable taxes on payments made through the Site.

5.2. Payment Disputes

• If a dispute arises regarding a payment, both parties must use the Site’s dispute resolution process before seeking any external remedies.
• Freelancers and Clients agree to cooperate with the dispute resolution process and provide any requested information.

5.3. Refunds

Refunds may be issued at our discretion and in accordance with our Refund Policy, which is incorporated herein by reference. Refunds will typically only be issued if:

• The Freelancer fails to deliver the work as agreed.
• The delivered work does not meet the agreed-upon specifications.
• Both parties agree to a refund.

5.4. Chargebacks

If a chargeback is initiated by a Client, we reserve the right to suspend the Client’s account and the Freelancer’s account pending the resolution of the chargeback. Freelancers agree to cooperate with us and provide any necessary documentation to contest chargebacks.

6. Intellectual Property

6.1. Site Content

All content on the Site, including but not limited to text, graphics, logos, and software, is the property of freelancerdir.com or its content suppliers and is protected by international copyright laws.

6.2. User Content

Users retain ownership of their content. By posting content on the Site, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content in connection with the Site. This license includes our right to make your content available to other Users and third parties for their use in connection with the Site.

6.3. Project Deliverables

Unless otherwise agreed, all intellectual property rights in the work product created by Freelancers for Clients (Project Deliverables) will be assigned to the Client upon full payment for the services. Freelancers retain the right to use and display Project Deliverables in their portfolio unless otherwise agreed in writing.

6.4. Intellectual Property Infringement

We respect the intellectual property rights of others and expect Users to do the same. If you believe that your intellectual property rights have been infringed, please notify us immediately at [contact information], providing all necessary information for us to investigate and address the issue.

7. Confidentiality

Freelancers and Clients agree to maintain the confidentiality of all proprietary information shared during the course of a project. This includes, but is not limited to, project details, business plans, and personal information. Users must not disclose any confidential information to any third party without the prior written consent of the other party, except as required by law.

8. Dispute Resolution

8.1. Informal Dispute Resolution

In the event of a dispute between a Freelancer and a Client, both parties agree to first attempt to resolve the dispute informally by contacting each other through the Site’s messaging system. Users should make a good faith effort to resolve disputes directly and amicably.

8.2. Mediation and Arbitration

If informal resolution fails, the parties agree to submit the dispute to mediation and, if necessary, to binding arbitration under the rules of the American Arbitration Association. The decision of the arbitrator will be final and binding on both parties.

8.3. Jurisdiction and Venue

For any disputes not resolved through arbitration, the parties agree to submit to the exclusive jurisdiction of the courts located in [Your State/Province], [Your Country], and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

9. Termination

We may terminate or suspend your account and access to the Site, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may do so by following the instructions on the Site. Any outstanding payments due at the time of termination must still be fulfilled.

10. Limitation of Liability

To the maximum extent permitted by law, freelancerdir.com shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the Site.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any interruption or cessation of transmission to or from the Site.
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site by any third party.

In no event shall our aggregate liability for all claims relating to the Site exceed the greater of $100 or the amount you paid us, if any, in the past six months for the services giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless freelancerdir.com, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

• Your access to or use of the Site.
• Your violation of these Terms.
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.
• Any dispute or issue between you and any third party.

12. Modifications to the Terms

We reserve the right to modify these Terms at any time. We will provide notice of changes by posting the new Terms on the Site. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Your State].

14. Miscellaneous

14.1. Entire Agreement

These Terms constitute the entire agreement between you and freelancerdir.com regarding the use of the Site and supersede any prior agreements between you and freelancerdir.com. No oral or written statements, understandings, or agreements that are not included in these Terms shall be binding on you or freelancerdir.com.

14.2. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

14.3. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of freelancerdir.com.

14.4. Assignment

You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice to you.

14.5. Notices

All notices or other communications under these Terms must be in writing and will be deemed to have been duly given when delivered, if delivered personally or by recognized overnight delivery service, or when sent, if sent by email or regular mail.

14.6. No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

14.7. Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to any cause beyond our reasonable control, including but not limited to acts of God, war, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15. Contact Us

If you have any questions about these Terms, please contact us at:

freelancerdir.com
Email: support@freelancerdir.com
Address: [Your Address]

Appendices

Appendix A: Freelancer Code of Conduct

A.1. Professionalism

Freelancers must maintain a high standard of professionalism in all interactions with Clients and with freelancerdir.com. This includes:

• Responding promptly to Client inquiries and communications.
• Meeting all deadlines agreed upon with Clients.
• Delivering high-quality work that meets or exceeds Client expectations.
• Refraining from any form of harassment, discrimination, or abusive behavior.

A.2. Compliance with Laws

Freelancers must comply with all applicable local, state, national, and international laws in the performance of their services. This includes, but is not limited to, labor laws, tax laws, and intellectual property laws.

A.3. Honesty and Integrity

Freelancers must be honest and transparent in all dealings with Clients and with freelancerdir.com. This includes:

• Accurately representing their skills, qualifications, and experience.
• Not misrepresenting their ability to complete a project.
• Disclosing any potential conflicts of interest before accepting a project.

Appendix B: Client Code of Conduct

B.1. Respectful Communication

Clients must maintain respectful and professional communication with Freelancers and with freelancerdir.com. This includes:

• Providing clear and concise project requirements.
• Offering constructive feedback and not engaging in abusive or harassing behavior.
• Respecting the Freelancer’s work process and deadlines.

B.2. Fair Compensation

Clients must agree to compensate Freelancers fairly for their work. This includes:

• Providing payment in a timely manner as agreed upon in the project terms.
• Not attempting to negotiate payment after work has been completed unless mutually agreed upon with the Freelancer.

B.3. Compliance with Laws

Clients must ensure that their project requirements do not violate any local, state, national, or international laws. This includes, but is not limited to, laws regarding intellectual property, data privacy, and employment.

Appendix C: Refund Policy

C.1. Eligibility for Refunds

Refunds are generally only issued under the following circumstances:

• The Freelancer fails to deliver the work as agreed.
• The delivered work does not meet the agreed-upon specifications.
• Both the Freelancer and the Client agree to a refund.

C.2. Refund Process

To request a refund, Clients must contact support@freelancerdir.com with the following information:

• Project details.
• Reason for the refund request.
• Any supporting documentation or communication.

We will review the request and make a determination based on the information provided. If a refund is approved, it will be processed within 14 business days.

C.3. Non-Refundable Situations

Refunds will not be issued under the following circumstances:

• The Client changes their mind after the project has been completed.
• The Client is dissatisfied with the work for reasons not related to the agreed-upon specifications.
• The Client fails to provide necessary information or feedback in a timely manner, resulting in project delays.

Appendix D: Privacy Policy

D.1. Information Collection

We collect information from Users in order to provide and improve our services. This includes:

• Personal information, such as name, email address, and payment information.
• Project details and communications between Freelancers and Clients.
• Usage data, such as IP addresses, browser types, and access times.

D.2. Use of Information

We use the information collected for the following purposes:

• To facilitate transactions between Freelancers and Clients.
• To improve the functionality and user experience of the Site.
• To communicate with Users about their accounts and projects.
• To comply with legal obligations.

D.3. Data Security

We implement reasonable security measures to protect User information from unauthorized access, disclosure, or destruction. However, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee absolute security.

D.4. Data Sharing

We do not sell or rent User information to third parties. We may share information with third parties only in the following circumstances:

• With your consent.
• To comply with legal obligations.
• To protect the rights and safety of freelancerdir.com, our Users, and the public.

D.5. Data Retention

We retain User information for as long as necessary to provide our services and fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.

D.6. User Rights

Users have the following rights regarding their information:

• Access: You have the right to request access to the personal information we hold about you.
• Correction: You have the right to request that we correct any inaccuracies in your personal information.
• Deletion: You have the right to request that we delete your personal information, subject to certain exceptions.
• Objection: You have the right to object to the processing of your personal information in certain circumstances.

To exercise any of these rights, please contact us at support@freelancerdir.com.

Appendix E: Prohibited Activities

E.1. General Prohibitions

Users must not engage in any of the following activities on the Site:

• Posting false or misleading information.
• Impersonating another person or entity.
• Engaging in fraud, deception, or other unethical conduct.
• Soliciting personal information from minors.
• Violating the security of any computer network.

E.2. Specific Prohibitions for Freelancers

Freelancers must not:

• Bid on projects that they are not qualified to complete.
• Deliver plagiarized or infringing work.
• Request payment outside of the Site’s payment system.

E.3. Specific Prohibitions for Clients

Clients must not:

• Request work that violates any law or regulation.
• Refuse to pay for work that meets the agreed-upon specifications.
• Use work delivered by Freelancers for illegal or unethical purposes.

16. User Feedback

We welcome and encourage feedback from our Users. If you have any suggestions or comments about the Site or our services, please contact us at feedback@freelancerdir.com. Your feedback is valuable in helping us improve our offerings and user experience.

17. Community Guidelines

To foster a positive and productive environment, we have established the following community guidelines:

• Respect: Treat all Users with respect and courtesy. Discriminatory, offensive, or abusive behavior will not be tolerated.
• Constructive Feedback: Provide constructive feedback to Freelancers and Clients to help improve the quality of work and communication.
• Collaboration: Foster a spirit of collaboration and mutual support within the community.
• Reporting Violations: Report any violations of these guidelines or the Terms to our support team at support@freelancerdir.com.

By adhering to these guidelines, you contribute to a positive and thriving community on freelancerdir.com.

18. Site Maintenance and Updates

We are committed to maintaining and improving the Site to provide the best possible experience for our Users. This includes:

• Regularly updating the Site to fix bugs and improve functionality.
• Performing routine maintenance to ensure the Site remains secure and efficient.
• Introducing new features and enhancements based on User feedback and industry trends.

During maintenance periods, the Site may be temporarily unavailable. We will endeavor to provide advance notice of any scheduled maintenance, but in some cases, immediate maintenance may be necessary.

19. Advertisements and Promotions

freelancerdir.com may run advertisements and promotions on the Site. By using the Site, you agree that we may display such advertisements and promotions. You also agree not to block or otherwise interfere with these advertisements. Any interactions or participation in promotions with advertisers found on or through the Site are solely between you and the advertiser.

20. Third-Party Links

The Site may contain links to third-party websites or services that are not owned or controlled by freelancerdir.com. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that freelancerdir.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

21. Additional Policies

In addition to these Terms, you agree to comply with all other policies applicable to your use of the Site, which are incorporated by reference into these Terms, including but not limited to:

• Privacy Policy: [Link to Privacy Policy]
• Refund Policy: [Link to Refund Policy]
• Community Guidelines: [Link to Community Guidelines]
• Acceptable Use Policy: [Link to Acceptable Use Policy]

22. Data Protection

freelancerdir.com is committed to protecting the privacy and security of your personal information. Our practices regarding the collection, use, and disclosure of personal information are outlined in our Privacy Policy. By using the Site, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

23. Compliance with Export Regulations

You agree to comply with all applicable export and re-export control laws and regulations, including but not limited to the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control. You represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country or territory subject to such regulations.

24. Amendments and Waivers

Any amendment or waiver of these Terms must be in writing and signed by an authorized representative of freelancerdir.com. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

25. Feedback and Contact Information

Your feedback is important to us. If you have any questions, comments, or concerns about these Terms or the Site, please contact us at:

freelancerdir.com
Email: support@freelancerdir.com
Address: Friedastr. 3 | 81479 Munich | Germany