(2) Client: A User that purchases Freelancer’s Services or items from the Freelancer or identifies a Freelancer through the Platform.
(3) Freelancers: A freelancer is the individual who earns money on a per-project or per-task basis, usually for short-term work) offered to the Client.
SECTION B - WHEN WILL YOUR AGREEMENT BECOME EFFECTIVE?
1- By clicking on the “ACCEPT” Button at the end of this Agreement, you are consenting to be bound by all the terms of this Agreement.
2- Before using the Platform, you must read the whole User Agreement, the Platform policies, and all linked information.
SECTION C- PROJECT SCOPE
1- This is illustrated by the order submitted by the Client and the offer by the Freelancer, which include for instance (Description of work and service, start date, deadline, cost) which was finally agreed by the parties.
2- Parties can agree on more specifications through the platform if it was not illustrated neither in the job request nor in the proposal.
SECTION D - PAYMENTS TERM
1. Payment from the client to the freelancer through the platform when the contract is signed.
2. Payment from the platform to the freelancer will be made according to the contract upon acceptance of the work by the client.
3. Each offer will specify payment terms, discretion of work will be performed, schedule, who will perform the work.
4. Payments accrued before the 15th of each month will be transferred on the 15th.
5. Payments accrued before the 30th of each month will be transferred on the 30th.
6. If either the 15th or the 30th falls on a nonworking day, the amounts will be transferred on the nearest working day.
SECTION E - HOW THIS AGREEMENT CAN END
1.This agreement cannot be terminated unless agreed by both Parties.
SECTION F- ELIGIBILITY
1. You will not use the platform if you:
1.1 Are not able to form legally binding contracts.
1.2 A person barred from receiving and rendering services under the laws of Sultanate of Oman or another applicable jurisdiction.
1.3 Are suspended from using the platform.
2. Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
3. A company, corporation, trust, partnership, or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.
4. We may, at our absolute discretion, refuse to register any person or entity as a User.
5.You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
SECTION G –Platform Usage
While using the Platform, you will not attempt to or otherwise do any of the following:
1. Post content or items in inappropriate categories or areas on our Platform and services.
2. Infringe any laws, third party rights or our policies.
3. Fail to deliver payment for services delivered to you.
4. Fail to deliver Seller Services purchased from you.
5. Circumvent or manipulate our fee structure, the billing process, or fees owed to Freelancer.
6. Post false, inaccurate, misleading, deceptive, defamatory, or offensive content (including personal information).
7. Take any action that may undermine the feedback or reputation systems (such as displaying, importing, or exporting feedback information or using it for purposes unrelated to the Platform).
8. Transfer your Freelancer account (including feedback) and Username to another party without our consent.
9. Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
10. Distribute viruses or any other technologies that may harm Freelancer, the Platform, or the interests or property of Freelancer users (including their Intellectual Property Rights, privacy, and publicity rights) or 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. Download and aggregate listings from our platform for display with listings from other websites/platforms without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Platform into any other websites/platforms without our prior written authorization.
12. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Platform.
13. Copy, modify or distribute rights or content from the Platform or Freelancer's copyrights and trademarks; or
14. Harvest or otherwise collect information about Users, including email addresses, without their consent.
15. Use Freelancer to facilitate money exchange including, but not limited to, cryptocurrency (e.g., bitcoin, Ethereum, etc...)
SECTION H -GENERAL TERMS
1-Intellectual Property Rights:
whatever IP is owned by the job provider prior to the contract will remain the property of the job provider. Whatever IP is owned by the freelancer will remain the property of freelancer. Any IP created during the contract will be the property of the job provider unless otherwise mutually agreed.
2- The laws applicable to this Agreement.
This Agreement and any interpretation, dispute, claim or issue arising out of or in connection with this Agreement, or any undemonstrated details, whether contractual or non-contractual, shall be governed by and construed in accordance with the laws of the Oman and performed in Muscat Court.
3-Warranties:
Freelancer warrants that all Services and Deliverables by the Freelancer is free from any defect and is confirming to the specifications required by the Service provider from all aspects. Likewise, the Freelancer warrants that the work made by him is original and does not infringe any trademark, trade name or copyright of any third party.
4-Confidentiality
Freelancer should recognize that there might be a need for the Client to disclose certain confidential information to be used by Freelancer for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Freelancer agree to treat any information received from the Client as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Freelancer specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Client’s permission.
Freelancer shall return all confidential information, including all notes, records or any file to the service provider which in any way may incorporate confidential information provided by services provider to Freelancer.
5-Limitation of Liability
In no event will the Platform, its affiliates or their licensors, employees, agents, or officers 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 site, any content on the site or any services or items obtained through the site.
6- We may amend this User Agreement and any linked information from time to time by posting amended terms on the Platform, without notice to you.
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