Freelance Work > Terms & Conditions
Terms & Conditions

Last Update: 1 August 2017

Welcome to Freelancew.com. Freelancew.com is a marketplace platform for services performed by its users.

The following terms and conditions (these “Terms of Service“), govern your access to and use of the Freelancew website, including any content, functionality and services offered on or through www.Freelancew.com (the “Site“) as applicable.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Freelancew services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

If you have any questions regarding the Site or Terms of Service. You can Contact our Customer Support here.

Key Terms

Jobs are services offered on Freelancew.

Sellers are users who offer and perform services through Jobs on Freelancew.

Buyers are users who purchase services on Freelancew.

Job Page is where the seller can describe their Job and the Job’s terms, and the buyer can purchase the Job and create an order.

Job Extras are additional services offered on top of the Seller’s Job for an additional price defined by the Seller.

Job Multiples are additional quantities of unique orders from the seller’s Job.

Job Packages allow sellers to offer services in different formats and prices. Packages can include upgrades, which lets sellers price their service for a basic price of R50 and over.

Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a buyer.

Custom Orders are requests made by a buyer to receive a Custom Offer from a seller.
Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Job Page.

Order Page is where buyers and sellers communicate with each other in connection with an ordered Job.

Disputes are disagreements experienced during an order between a buyer and seller on Freelancew.
Revenue is the money sellers earn from completed orders.

Sales Balance is cleared revenue from completed orders for sellers to withdraw or use to purchase Jobs.

Shopping Balance is shopping credit collected from cancelled orders or Freelancew promotions to be used for purchasing Jobs.

Overview (Main terms, in a nutshell)

Sellers

Basics

Jobs

Job Extras

Levels

Freelancew is all about helping sellers leverage their skills. We seek to empower top performing sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Freelancew may reward them with new statuses, special opportunities, benefits, and tools that come with it.

Top Rated Sellers

Seller Feature

Freelancew sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

Shipping Physical Deliverables

Some of the services on Freelancew are delivered physically (arts or crafts, collectable items, etc.). For these types of Jobs, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

Printing Services

Withdrawing Revenues

* Additional fees may apply based on your location and currency.

Buyers

Basics

Purchasing

VAT

This paragraph only applies to buyers located in South Africa: South African buyers will be charged VAT in addition to the Job price shown on the Job page. An invoice will be provided to allow eligible users to claim back the VAT from the tax authorities.

Orders

Basics

Handling Orders

Reviews

Disputes and Cancellation

We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Freelancew’s Customer Support department for assistance here.

Basics

Order Cancellations

Refunds

User Conduct and Protection

Freelancew enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Freelancew reflect the diversity of an expanding Job economy. Members of the Freelancew community communicate and engage through orders, social media, and on Freelancew’s Community Forums.

Freelancew maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Freelancew. This section relates to the expected conduct users should adhere to while interacting with each other on Freelancew.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

Orders

Jobs

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Freelancew does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on Freelancew should be friendly, constructive, and professional. Freelancew condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – Freelancew takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our member’s privacy by not contacting them for commercial purposes without their consent.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided on the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of Freelancew will not be protected by our Terms of Service.

Intellectual Property Claims – Freelancew will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use Freelancew for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Freelancew community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Freelancew’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Freelancew. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Freelancew accounts.

General Terms

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Freelancew by our users (Buyers and Sellers) is User Generated Content. Freelancew does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Freelancew is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Jobs, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Jobs® service offers.

By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Freelancew. Sellers advertising their Job online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Job and may lead to the suspension of seller’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the seller’s Job page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the S.A. Copyright Act. In the event, the delivered work does not meet the requirements of work-for-hire or when SA Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work.

All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the Job and the delivery may not be used if payment is canceled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title, and interest in the delivered work. Some Jobs (including for custom created work) charge additional payments (through Job Extras) for a Commercial Use License. This means that if you purchase the Job for personal use, you will own all rights you require for such use, and will not need the Commercial Use License.

If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Job Extra and will have broader rights that cover your business use.

For Voice Over Jobs, when the work is delivered, and subject to payment, the buyer is purchasing basic rights, (which means the buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Job Extra.

If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Job Extra. For further information on the type of buy-outs, please read below.
Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.
Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Freelancew, including Job texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Freelancew for no consideration for marketing and/or other purposes.

Voice Over Commercial Buy-Out

When purchasing a Voice Over Job, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television, and internet commercial spots).

By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audio books, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.

By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to Freelancew’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Freelancew will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Commercial Use License

By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into a product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Freelancew’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Freelancew will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FREELANCEW NOR ANY PERSON ASSOCIATED WITH FREELANCEW MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Automatic Translation

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The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Limitation on Liability

IN NO EVENT WILL FREELANCEW, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

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