User Agreement for Freelancer.com
This is an important document which you must consider carefully when
choosing whether to use the www.freelancer.com website at any time.
This Agreement was last modified on 1st January 2013.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH FREELANCER.COM OFFERS YOU ACCESS TO OUR SERVICES.
Acceptance of User Agreement
This user agreement ("User Agreement" or "Agreement") is a contract
between you and Freelancer International Pty Limited (ACN 134 845 748) if
you are a user of www.freelancer.com, www.freelancer.co.uk, www.freelancer.eu, www.freelancer.com.au or www.freelancer.co.nz.
This user agreement is a contract between you and Freelancer.com PTE Limited (Singapore Company 201022717D)
if you are a user of www.freelancer.hk, www.freelancer.sg or www.freelancer.ph.
trading as the Freelancer Group, ("Freelancer.com", "we" or "us") which
operates the www.freelancer.com, www.freelancer.co.nz, www.freelancer.com.au, www.freelancer.hk,
www.freelancer.ph, www.freelancer.sg, www.freelancer.eu websites ("Site"). The Site is offered
to you conditional on your acceptance of the User Agreement. Please
review the terms and conditions set out below before using the Site.
Your continued use of the Site after such time will signify your
acceptance of this User Agreement.
This User Agreement and all policies and terms incorporated by reference
constitute the entire agreement between you and Freelancer.com as to
its subject matter.
If you do not agree to any of these terms and conditions you should
immediately cease to use the Site. Please note that we may close,
suspend, or limit your access to your Freelancer.com account ("Account")
or the Services provided by us on the Site ("Services"), and/or limit
access to your funds if you carry out activities which are in
contravention of this User Agreement and its associated policies
incorporated by reference.
Amendment of User Agreement
Freelancer.com may amend or modify this User Agreement in whole or in
part from time to time,
without notice (unless such prior notice is required by law),
by posting an amended User Agreement on the Site or any linked information.
Such updated version of the User Agreement will be effective at the time we post it.
Freelancer.com offers its Services to its Users. We shall have absolute
discretion as to whether or not we accept a particular applicant or
site for participation in the service. The Site is available only to
individuals or corporate entities that can form legally binding contracts
under applicable law. Without limiting the foregoing, this Site is not
available to persons under 18 years of age. If Users do not qualify,
they cannot use any of Freelancer.com's Services including, but not
limited to, those that require the User's ability to form legally
binding contracts. Each User is responsible for what occurs on their
Account and must report any unauthorised use of their Account to us.
The terms "You", "Your", "User", or "Users" refer to anyone accessing our
Services or Site for any reason.
Freelancer.com provides a venue to introduce Users who wish to provide
professional services ("Freelancers") and Users who seek such
professional services ("Employers")(respectively or jointly as the
"Parties" and individually as a "Party"). The Site enables Users to
identify each other and work together online to complete, invoice and
pay for projects.
3. LEGAL RELATIONSHIP BETWEEN YOU AND FREELANCER.COM
Freelancer.com reserves the right to terminate the participation of any
User without reason but expressly including any User that Freelancer.com
judges to be in violation of the User Agreement. Without limiting the
foregoing, Freelancer.com may terminate the participation of a User if
we think that they are creating problems, legal liabilities (actual or
potential), infringing someone else's intellectual property rights,
engaging in fraudulent, immoral or illegal activities, or for other
3.2 Relationship between Users
The only parties to a project are the Freelancer and the Employer. Upon
the Employer awarding a project to a Freelancer and the Freelancer's
acceptance of a project on the Site, the Employer agrees to purchase, and
the Freelancer agrees to deliver the Provider Services in accordance
with the following agreements: (1) the User Agreement; and (2) the User
Services Agreement between the Employer and Freelancer available on the
Site, as amended from time to time; (3) any other contractual provisions
accepted by both the Freelancer and Employer uploaded to the Site, to the
extent not inconsistent with the User Agreement; and (4) the project
terms as awarded and accepted on the Site, to the extent not
inconsistent with the User Agreement.
You agree not to enter into any contractual provisions in conflict with
the User Agreement. Any provision of a member contract in conflict with
the User Agreement is void.
3.3 User Responsibilities
The responsibilities of the Freelancer and Employer are set out in the Services
Agreement between Freelancer and Employer.
When you enter into a transaction, you create a legally binding contract
with another User, unless the transaction is prohibited by law or by
this User Agreement.
You are responsible for ensuring that you comply with your obligations
to other Users. If you do not, you may become liable to that User(s).
You must ensure that you are aware of any domestic laws (including
common law), international laws, statutes, ordinances and regulations
relevant to you as an Employer or Freelancer, or in any other uses you make
of the Site.
If another user breaches any obligation to you, you are solely responsible
for enforcing any rights that you may have. For the avoidance of doubt,
Freelancer.com has no responsibility for enforcing any User rights.
3.4 No Insurance
Freelancer.com does not offer any form of insurance or other Employer or
Freelancer protection which will assist you, because our Site merely
provides the online venue for Users to offer, sell, and buy professional
services and we are not otherwise involved in the transactions and
interactions between Employers and Freelancers. However, some forms of
payment permitted on the Site, such as PayPal or credit card, may offer
limited employer or freelancer protection or chargeback services and you should
familiarise yourself with these before proceeding with a transaction of
any kind through the Site.
Because user identification on the Internet is difficult, we cannot and do not
confirm each User's purported identity.
3.5 Independent Contractors
Each User acknowledges and agrees that the relationship between Users is
that of independent contractors. Nothing in this User Agreement
creates a partnership, joint venture, agency or employment relationship
between: (1) Users; or (2) between us and any User.
3.6 Services offered by Freelancer.com
Freelancer.com offers a wide range of tools, content, products,
services, benefits, and other resources on the Site of particular
interest to freelancers and to enable freelancers to efficiently and
cost effectively manage their careers, professions, and businesses.
These Services are for use only under a non-exclusive, non-transferable,
and non-assignable license under these terms and conditions of use. You
do not have the right to copy, sell, or otherwise exploit for any
commercial purpose the Services or content (in whole or in part), access
to this service or use of this service.
Some of the Services offered at the Site may include feedback to
questions by Users of this service and/or articles with original content
and opinions. Use of this content or links to this content is at the
User's own risk. No warranty is made that the information is accurate or
reliable and Freelancer.com and its related entities, directors,
officers and agents disclaim all liability and responsibility for any
direct or indirect loss or damage you may suffer relying on anything
contained in or omitted from this content.
The User understands and agrees to the following terms:
Our Site merely acts as an online venue to allow Users to offer and buy
professional services. You acknowledge and agree that Freelancer.com is
not involved in the actual transaction between the Freelancers and
Employers. As a result, Freelancer.com has no control over the quality or
legality of the professional services provided by Users on our Site, or
the ability of Freelancers to provide the services or the Employers to pay
for the services. We do not guarantee that a User will actually
complete a transaction or act lawfully in using the Site.
Some of the content provided at the Site may relate to various subjects
such as information pertaining to legal matters, financial matters,
health matters, and other matters for which the content of is provided
in an advisory nature. This information is provided solely for
informational and general non-advisory purposes. If desired, Users
should use their own efforts to confirm such information with a
professional(s) in the pertinent field(s). All of the information that
Freelancer.com provides should not be considered professional, medical,
legal, technical, or any other discipline-specific advice.
The Site is a dynamic time-sensitive web site. As such, the information
on the Site will be changed frequently. It is possible that some
information could be considered offensive, harmful, or inaccurate, and
in some cases may be mislabeled or deceptively labeled accidentally by
Freelancer.com or accidentally or purposefully by a third-party,
regardless of whether such third parties are with or without a
legitimate business purpose.
Freelancer.com provides unmonitored access to third-party content.
Freelancer.com is only acting as a venue and/or portal, and has no
liability based on, or related to, the third-party content on this Site,
whether arising under the laws of copyright or other intellectual
property, defamation, libel, privacy, obscenity, or any other legal
discipline. This web site may contain links to third-party web sites.
Freelancer.com does not control nor always review the web sites to which
we link from the Site. Freelancer.com, therefore, cannot endorse the
content, products, services, practices, policies, or performance of the
web sites we link to from the Site, and Users should not treat any link
as such an endorsement or acceptance of veracity or value.
Freelancer.com does not have the resources to nor does it undertake any
obligation to, control, research, verify, validate, or approve the
content that is received or viewed on its web site. Freelancer.com
expects that the User will undertake necessary activities and practices
and will use caution and common sense when using Freelancer.com for
You agree and acknowledge that unless explicitly requested, Freelancer.com may
display your company name, logo and public description of your projects and
profile as part of the Freelancer.com website(s) and / or other Freelancer.com
3.9 Transfers between Sites
After the 20th September 2010, if you decide to swap your default currency, your agreement
with the Site will move to the regional operating entity corresponding to the currency
you select. For AUD, NZD, EUR, GBP and USD this agreement will be between yourself
and Freelancer International Pty Limited (ACN 134 845 748) from the date of
change onwards. If you change your default
currency to HKD, SGD or PHP, this agreement will be between yourself and
Freelancer.com PTE Limited
(Singapore Company 201022717D) from the date of change onwards.
3.10 Notices: Consent to Contact
You consent to Freelancer.com contacting you by electronic means as part of
delivering the services outlined in this User Agreement. Additionally you consent
to being contacted by electronic means by Freelancer.com for the marketing of
campaigns, offers, new products or services.
All fees are set forth in the summary of Freelancer.com's fees and
charges which can be found on the Site. All fees will be assessed in US
dollars. Your Account and all transactions are made and displayed in US
dollars unless otherwise specified.
Freelancer.com earns fees for creating, hosting, maintaining, and
providing the Site, and for all Services delivered by Freelancer.com
that are accessible through the Site and to cover expenses and fees
Freelancer.com incurs to banks, credit card companies, PayPal, and
payment processors. After deducting such amounts, Freelancer.com
transfers the remaining payment amount to the Freelancer.
Freelancer.com charges fees in relation to the posting of a project;
selecting a Freelancer; posting a featured project; hiding a project
from search engines; hiding bids from other Users; posting a full time
project; project commission fees; and other miscellaneous fees that are
described on the Site.
Users can choose various membership programs to subscribe to different levels of
participation on the Site which will incur additional fees.
5. AFFILIATE PROGRAM
The Freelancer Affiliate Program ("Affiliate Program") is a program that
allows you to receive a payment from Freelancer ("Bonus") into your
Account for referring a new user ("Referred User") to Freelancer. To
participate in the Affiliate Program, you must comply with all of these
requirements, and have an Account that is in good standing.
5.2 Requirements for Referred Users
You may not refer yourself for the Affiliate Program or a user having
the same IP address as yourself. The Referred User must be an individual
(or business) with whom you have a pre-existing relationship. You may
not obtain names for referrals from group email addresses, third party
bulk mailing lists, customer lists, or other similar sources. You may
not send unsolicited e-mails ("Spam"). If you send Spam in order to
recruit Referred Users, Freelancer may immediately and permanently close
your Account, without paying out any accrued Bonus.
5.3 Bonus Amount
The amount of the Bonus is based on the Referred User's net project commissions
("Project Commissions"), defined as the total project commissions less any
chargebacks, refunds, and reversals. The amount of the Bonus will be
determined by Freelancer and equal to 90% percentage of Project Commissions for
referrals through affiliate links; or 20% through referrals via the
"Invite Friends" module.
5.4 Payout Period
You are eligible to receive Bonus payouts for the first 3 months of the Referred
User's Account ownership.
To be eligible for a Bonus, the Referred User must: (1) sign up for an
Account through either the supplied affiliate links or invitations through
the "Invite Friends" module; (2) become a User; and (3) not already
have an Account at the time of the referral (or previously).
5.6 Discontinuance or modification of Program
Freelancer may discontinue or modify the Affiliate Program at any time
by providing you with seven days notice. In the event that the
Affiliate Program is discontinued, you will receive the Bonus for all of
your Referred Users that have satisfied all of the requirements in this
section prior to the discontinuation date of the Affiliate Program.
Failure to comply with these terms may result in your Account and participation
in the Affiliate Program being terminated.
6. MILESTONE PAYMENTS
6.1 Not an escrow service
Freelancer.com does not operate an Escrow service. Freelancer.com does
have, however, a special, non-compulsory feature, which allows controlled
payments to be made with respect to a project to a Freelancer. Depending
on the agreement of the Employer and Freelancer, the Employer can create
an advance payment which will remain pending until: (a) the Employer and
the Freelancer agree that the funds should be released to the Freelancer;
(b) until the Employer and the Freelancer have concluded the process of
the Dispute Resolution Services (as defined below); (c) until the Employer
instructs Freelancer.com to pay a Freelancer that performed a service for
him/her; or (d) until the Employer acknowledges that the Freelancer has
completed the service fully and satisfactory.
If an Employer does not approve of the Freelancer's work product, the
Parties have the option to resolve the issue through the terms of the
Dispute Resolution Services set out below.
6.2 Inactive Users
In the event that the Employer has not provided any instruction to
Freelancer.com with respect to a Milestone Payment within 1 year after
the day that the Milestone Payment was made, and has not logged in
during that time period, such Milestone Payment will be refunded to the
User account of the person who initially paid it.
7.1 Opening Account
To become a User and access the Site and Services you must register for
an "Account." You agree to provide true, accurate and complete
information as prompted by the registration form and all forms you
access on the Site, and to update this information to maintain its
truthfulness, accuracy and completeness.
You agree that you will not receive interest or other earnings on the
funds that Freelancer.com handles as your contractor. Freelancer.com may
receive interest on those funds. Freelancer.com will not be liable for
any lost interest on such funds.
All amounts are stated in and all payments will be made in US funds.
Freelancer.com reserves the right to suspend a withdrawal if the source
of the funds is suspected to be fraudulent. Any funds received from an
Account having made a fraudulent deposit (e.g. stolen credit card) will
be reversed immediately. If in a fraudulent payment situation a
withdrawal has already been processed, you will be expected to return
the funds to your Freelancer.com Account or face termination and
any other remedies available to Freelancer.com to recover the funds.
Any User that Freelancer.com removes from the service due to violation
of the User Agreement will receive no credit or payment and will become
liable for certain fees described in this User Agreement.
Freelancer.com requires you to make all payments to Freelancer.com and
to make payments to and accept payments from other Users in the purchase
and sale of Services for Freelancer.com projects directly through the
mechanisms available on the Site. You understand and agree that
Freelancer.com will not hold funds (including Milestone Payments)
delivered to Freelancer.com from Users for the purchase and sale of
Services in a separate account, but may commingle and deposit such funds
with other funds to be paid to other Users and with funds of
Freelancer.com in any account, at any institution, or in any other
manner Freelancer.com may decide in its sole discretion from time to
time. In addition, you understand that such commingled funds could be
used to pay other Users and by Freelancer.com for general corporate
purposes or otherwise, provided that Freelancer.com will remain
contractually obligated to make payment to you, as a Freelancer or
Employer, for any purchases and sales of Services provided by you through
Freelancer.com. To the extent Freelancer.com is obligated to make
payment to you, you will be an unsecured creditor of Freelancer.com.
You acknowledge that: (1) Freelancer.com is not a bank or other licensed
financial institutions and does not provide banking services; (2) the
amounts shown as on deposit, including Milestone Payments, in a User
Account are not segregated into a separate account but represent
unsecured obligations of Freelancer.com to the User with respect to the
purchase and sale of Services through Freelancer.com; (3) Freelancer.com
is not acting as a trustee or fiduciary with respect to such funds or
payments, but is acting only as an agent and (4) amounts transferred
through or stored in the payment service are not insured or guaranteed
deposits. Your Account will not constitute a milestone. By initiating and
sending payments through Freelancer.com, you appoint Freelancer.com as
your agent to obtain the funds and hold and to transfer such funds to
the Freelancer or Employer for Services, subject to these terms and
7.4 Account Balances
If your Account has a negative balance, Freelancer.com may setoff the negative
balance with any funds that you subsequently receive into your Account.
If you have multiple currency balances in your Account and one of the currency
balances becomes negative for any reason, Freelancer.com may setoff the negative
balance by using funds you maintain in a different currency balance, or by
deducting amounts you owe Freelancer.com from money you subsequently add or
receive into your Account. In the event that Freelancer.com offsets a negative
balance pursuant to this clause, it may be bundled with another debit coming out
of your Account. To secure your performance of this Agreement, you grant to
Freelancer.com a lien on and security interest in and to the funds held in your
Account in the possession of Freelancer.com.
7.5 Inactive Accounts
User Accounts that have been inactive for more than 365 days ("Inactive
Accounts") will incur a dormant account fee of US$10 per month until
either the Account is terminated or reactivated.
Freelancer.com reserves the right to cancel Inactive Accounts with a nil or
You acknowledge and agree that any chargebacks (a chargeback occurs when
an employer rejects or reverses a charge on his or her credit card through
the credit card issuer) on funds paid to you by Employers through the Site
are your responsibility and you will not hold Freelancer.com liable for
such. You agree that Freelancer.com may reverse any such payments that
are subject to chargeback via our Payment Processors. To cover the cost
of processing chargebacks, Freelancer.com assesses a US$20.00 fee to
Users for credit and debit card payment chargebacks.
7.7 Hold on funds
Freelancer.com, in its sole discretion, may place a hold on any or all of the
payments you receive when Freelancer.com believes there may be a high level of
risk associated with you, your Account, or any or all of your transactions.
If Freelancer.com places a hold on any or all of the payments you receive, you
will be provided with notice of our actions and the way in which to resolve the
issue. If you are involved in a dispute, in certain circumstances Freelancer.com
may place a temporary hold on the funds in your account to cover the amount of
any potential liability. If the dispute is resolved in your favour, Freelancer.
com will lift the temporary hold. If you lose the dispute, Freelancer.com may
remove the funds from your Account.
7.8 Insufficient funds in Accounts
If there are not sufficient funds in your User Account to meet
outstanding fees and charges, Freelancer.com reserves the right to
collect any amounts owing to Freelancer.com by any other legal means.
You are responsible for paying any taxes, including any goods and
services or value added taxes, which may be applicable depending on the
jurisdiction of the services provided by Freelancer.com. These taxes
will be added to fees billed to you, if applicable.
Please note Australian customers are required to pay an extra 10% goods and
services tax on all fees.
7.10 Identity Authentication
You authorize Freelancer.com, directly or through third parties, to make any
inquiries we consider necessary to validate your identity in compliance with the
Australian Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
This may include asking you for further information, requiring you to provide
your date of birth, a taxpayer identification number and other information that
will allow us to reasonably identify you; requiring you to take steps to confirm
ownership of your email address or financial instruments; ordering a credit
report; or verifying your information against third party databases or through
other sources. We may ask to see your driver’s license or other identifying
documents at any time to reasonably identify you as part of our own anti-fraud
measures. In addition, in some circumstances we may ask you to provide
photographic identification holding a sign with a code that we provide as an
additional identity verification step. Commonwealth law may require that
Freelancer.com verify the information provided to us before allowing access to
fund transfer or withdrawal services through The Site. The Site reserves the
right to close, suspend, or limit access to your User Account and/or Freelancer.
com Services in the event we are unable to obtain or verify to our satisfaction
the information required by this clause.
8. AVOIDING COMMISSIONS
8.1 Prohibition on negotiation of fee outside of Site
You are strictly prohibited from attempting to negotiate the fee for a
project with another user directly (outside of Freelancer.com) after
that project has been created/opened and before that project has been
closed (i.e. during an ongoing project). This also applies to any
project that was closed without a Freelancer being chosen, and
then contacting them about the project anyway. Both parties are
responsible for notifying Freelancer.com if the payment amount increases
(above the bid amount) after the project is closed.
You are strictly prohibited from under-bidding on projects in an attempt
to renegotiate the actual price privately, avoiding fees. We aim to
provide a fair and open playing field at Freelancer.com, and such
activities interfere with providing such a marketplace. Freelancer.com
charges project commissions on all funds received by either direct
transfer or Milestone Payment through the site, regardless of the final
We believe our commissions are very fair and justified for the service
we provide, therefore we will absolutely not tolerate any fee avoidance
or underbidding on the Site.
Users agree not to post their e-mail address on the site, except in the
"e-mail" field of the signup form, or when asked by Freelancer.com. You
may use the project message board and inbox private messaging on site to
communicate. This does not only
apply to e-mail addresses, but to all methods of communication,
including phone, ICQ, AIM, MSN Messenger, GTalk and Yahoo.
8.3 Providing contact information
You are prohibited from making direct contact with another User outside of Freelancer.com. This includes giving out your e-mail address, Skype ID, ICQ number, phone number, or any other method of contact outside of this site. Freelancer.com provides you with message boards, which should be sufficient for project planning and communication with other Users unless Freelancer.com intentionally provides such contact information through a feature or function.
9. USER CONTENT
The User is solely responsible for content or any other information the User
provides to Freelancer.com. User understands and agrees to the following:
- Freelancer.com is only acting as a venue for the online distribution and
publication of User content. However, no warranties as to the actual
distribution or publication of User content are made or implied. Freelancer.com
has the right (but no obligation) to take any action deemed appropriate with
respect to User content if it is believed that such content may create
liability for Freelancer.com, harm its business operation or reputation, or
cause Freelancer.com to lose the services of its suppliers.
- Any and all content submitted to the Site is subject to the approval of the
Site administrators. The Site reserves the right to reject, approve, or modify
User-submitted content upon the discretion of the Site administrators.
Evaluation of User-submitted content is based on certain quality guidelines.
These guidelines, that encompass all objectively quantifiable and aesthetic
aspects of User-submitted content,
are set solely by the Site and applied exclusively within the Site.
User represents and warrants that User's content: (a) 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; (b) will not violate any law or regulation; (c) will not be defamatory
or trade libelous; (d) will not be obscene or contain child pornography; (e) will
not include incomplete, false or inaccurate information about User or any other
individual; and (f) 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.
No copyrighted material can be posted on the Site. This includes scripts which
are sold by the author. Only posting sections, or excerpts of these scripts, as
examples, will be permitted. A "section" or "excerpt" being no more than 10% of
the script's contents. This is meant to protect the author's intellectual
9.2 Grant of License
Subject to clause 9.3 below, by submitting User content to Freelancer.com (
including, but not limited to creating your Account; posting a resume, posting a
profile, posting a portfolio, posting a project; sending messages through or to
Freelancer.com), you hereby grant to Freelancer.com a worldwide, exclusive,
sublicensable, perpetual, irrevocable, royalty-free license to use,
copy, modify, display, and perform User content, under all User intellectual
property and proprietary rights worldwide. For the avoidance of doubt, providing
links to content hosted on servers other than that of Freelancer.com (such as a
portfolio of sample works hosted on Your own web site) will not be considered
"submitting" such content for purposes of this license grant.
9.3 Feedback, Reputation and Reviews
By using the Site, you acknowledge that you transfer copyright of the feedback,
reputation and reviews you leave (whether a "Employer" or "Freelancer"),
consisting of comments and a multidimensional rating (e.g. Quality,
Communication, etc) together with a composite rating by Freelancer.com ("Feedback"
). You acknowledge that this feedback belongs solely to us, notwithstanding that
we permit you to use it on our Site while you remain a member. You may not use it
or deal with it in any way inconsistent with Freelancer.com's policies as posted
on the Site from time to time, without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the
Freelancer feedback system. We are entitled to suspend or terminate your
membership at any time if we, in our sole and absolute discretion, are concerned
by any feedback about you, or your feedback rating is considered to be
problematic to Freelancer.
Freelancer.com's feedback ratings belong to us and may not be used for any
purpose other than facilitating the exchange of services between Users of the Site
. You may not use your Freelancer feedback (including, but not limited to,
marketing or exporting your composite rating or feedback comments) in any real or
virtual venue other than a website operated by Freelancer.com or its related
companies without our written permission.
10. USER RESTRICTIONS
Users are prohibited from advertising a website on the Site. Any URL
posted in a bid, project description, or the message board, must relate
to a project on Freelancer.com. An example of a permissible URL would be
a User's portfolio or resume page.
Freelancers can only place bids that equal the total amount of
money they are requesting for the project. You cannot post an hourly bid
or any other abnormal type of bid. This also applies to Employers.
Employers cannot create projects that directly or indirectly
require Freelancers to place hourly or other abnormal bids. The
only exception, for both Employers and Freelancers, is when
the project is fulltime.
The Employer agrees that:
- The Employer is strictly forbidden from redistributing any of the content
of the Site, including but not necessary limited to private messages,
documents and support tickets.
- The Employer will not use the Employer's Account to post false or misleading
- The Employer will not post project descriptions that, in the judgment and
discretion of Freelancer.com, are inappropriate to Freelancer.com's
audience and viewers.
- The Employer agrees to pay featured project fee if project posted should have
been posted as featured.
- The Employer agrees to pay fulltime project fee if project posted should have
been posted as fulltime.
- The Employer will not falsify the Employer's own or any other identity.
- The Employer will comply with all of Freelancer.com's policies as posted on
the Site from time to time.
The Freelancer agrees that:
- The Freelancer will not redistribute any of the content of the Site,
including but not necessary limited to private messages, documents,
- The Freelancer will not falsify Freelancer's own or any other identity.
- The Freelancer will comply with all Freelancer.com policies as posted on the Site from time to time.
10.5 Prohibited use of Site content
The content and information on the Site (including, but not limited to, messages,
data, information, text, music, sound, photos, graphics, video, feedback,
reputation, reviews, icons, software, code or other material), as well as the
infrastructure used to provide such content and information, is proprietary to us.
All Users agree not to otherwise modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from, transfer, or
sell or re-sell any information, software, products, or services obtained from or
through this Site. Additionally, you agree not to:
- use this Site or its contents for any commercial purpose;
- access, monitor or copy any content or information of this Site using any
robot, spider, scraper or other automated means or any manual process for any
purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Site or
bypass or circumvent other measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in our discretion, an
unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Site for any purpose without our express written permission;
- "frame", "mirror" or otherwise incorporate any part of this Site into any
other website without our prior written authorisation; or
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse
engineer any software programs used by us in connection with the Site or the services.
10.6 General restrictions
Users agree that:
- Users will not use any automated collection mechanism or any manual
process to monitor or copy the web pages comprising the Site or the
content contained therein without the prior written permission of
- Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
- Users will not contact employers or freelancers through the Site or
through information gained from our Site with the intent of subverting
them from using our Services.
- Users will not engage in personal attacks, negative or other unfair
criticism or other forms of discourteous and unprofessional online
conduct or practices.
- Users will not create multiple user Accounts for any reason, or under any circumstance.
- If you create a project, you cannot create another Account to bid on it, nor can you award yourself that project.
- If you create a contest, you cannot create another Account to enter your own contest, nor can you award your entry the prize.
10.7 Consequences of termination
In the event of termination, Users found in violation of the User
Agreement will not receive any credit or payment from Freelancer.com.
Without limiting Freelancer.com's other remedies, to the extent you are
in violation of this User Agreement, you must pay Freelancer.com for all
fees owed to us and reimburse us for all losses and costs (including
any and all Freelancer.com employee time) and reasonable expenses
(including legal fees) related to investigating such breach and
collecting such fees.
You and Freelancer.com agree that the damages that Freelancer.com will
sustain as a result of actions that breach the User Agreement will be
substantial, potentially including (without limitation) fines and other
related expenses from its payment processors and freelancers, but
may be extremely difficult and impracticable to ascertain. If you engage
in such activities, then Freelancer.com may fine you up to US$3,000.00
for each such violation and/or Freelancer.com may take legal action
against you to recover losses that are in excess of the amount charged.
You acknowledge and agree that a fine up to US$3,000.00 is presently a
reasonable pre-estimate or minimum estimate of Freelancer.com's damages,
considering all currently existing circumstances, including (without
limitation) the relationship of the sum to the range of harm to
Freelancer.com that reasonably could be anticipated and the anticipation
that proof of actual damages may be impractical or extremely difficult.
You agree that Freelancer.com is entitled to deduct such charges
directly from any existing balance in the offending Account, or any
other Freelancer.com Account owned by you.
Users that are terminated by Freelancer.com on any basis other than
violation of this User Agreement will be entitled to receive any
payment due from Freelancer.com.
In the event of termination, you will have no claim whatsoever against
Freelancer.com in respect of any such suspension or termination of your
11. DISPUTE RESOLUTION SERVICES
11.1 Dispute Resolution Services
Freelancer.com offers the Dispute Resolution Services to registered users who
have elected to use the Milestone Payment feature. You agree and acknowledge
that: (i) Freelancer.com is not providing legal services; (ii) Freelancer.com
will not advise you regarding any legal matters; and (iii) if you desire to have
legal counsel, you will seek an independent legal counsel from those licensed to
practice law in your jurisdiction. You will not rely on Freelancer.com for any
In the event of a dispute between an Employer and a Freelancer regarding a return
or release of Milestone Payments, either Employer or Freelancer may elect to use
the Dispute Resolution Services offered by Freelancer.com. The Employer and
Freelancer will then be notified that the matter will be addressed through the
Dispute Resolution Services.
You agree to indemnify and hold Freelancer.com and any of our affiliates harmless
against any damages or liability you may suffer as a result of using the
Milestone Payments and/or Dispute Resolution Services.
11.2 Freelancer.com is Not a Party to Disputes
Any disputes regarding arrangements between Freelancers and Employers remain
solely between Employers and Freelancers. We are not involved in any transactions
between you and any other users of Freelancer.com.
You acknowledge and agree that Freelancer.com will not be a party to any such dispute.
If you have a dispute with any other users of the Site, you hereby release
Freelancer.com from any and all claims, demands, and damages, actual and
consequential, of every kind and nature, known and unknown, that is related to
such a dispute.
11.3 The Dispute Team
Both parties of the Dispute case can elect to have their dispute arbitrated by
the Dispute Team. The role of the Dispute Team extends to making all actions
necessary to resolve the case in an impartial and evidential manner.
You acknowledge that the verdict of the Dispute Team is final, binding, and irreversible.
All claims and actions (including, but not limited to, actions made by mistake)
of the parties on the Dispute System are final, binding, and irreversible.
You agree that the Dispute Team and Freelancer.com is hereby released from the
actual and consequential damages brought about by these claims.
11.4 Dispute Resolution Services Code of Conduct
The Freelancer Code of Conduct applies to all the services offered by Freelancer.
com, including, but not limited to, the Dispute Resolution Services. It is agreed
by You that You will make every endeavor at fair play and post reasonable and
fair demands/offers on your dispute.
A user caught breaching the Code of Conduct during the Dispute Resolution Service
process would automatically lose the dispute in favor of the other party
involved, regardless of the origin of the dispute. The user who breached the Code
of Conduct would also incur proper disciplinary action. (For more information,
read the Freelancer User Code of Conduct.)
11.5. Dispute Resolution Process
STAGE 1 - Identifying the issue
The complainant should select the project and the Milestone payment or payments
to be disputed. A user could contest all the Milestones related to a single
project in one dispute.
After which, a description of the issue and an explanation of why the dispute is
being opened should be given. From this stage until Stage 3, users are encouraged
to attach any files that could support their claims.
Finally, the complainant is requested to enter the amount he or she is prepared
to pay for the project (if an Employer) or wish to get paid for the project (if a
Freelancer). The amount could be between 0 and the total amount of the Milestone
Payment(s) in question.
STAGE 2 - Negotiations
At this stage, either party can negotiate for partial compensation, or (after a
period of time) choose to have Freelancer.com's Dispute Team arbitrate the dispute
. Both parties will have the opportunity to tell their side of the story and also
negotiate terms to resolve the issue between themselves.
Only the party who originally filed for the dispute can cancel the dispute.
If the issue cannot be resolved through negotiation, either party can choose to
pay the Arbitration Fee to have the dispute arbitrated by the Dispute Team.
The Arbitration Fee will be refunded if the dispute is either settled through
mutual agreement or cancelled before reaching arbitration.
STAGE 3 - Final Offers and Evidence
After one of the involved parties has paid the Arbitration Fee, the other party
has 4 days to also pay the fee. Either party still has the option in this period
to negotiate with the other party.
If the responding party does not pay the arbitration fee within the 4 days, the
result will be in favor of the party who escalated the dispute into arbitration first.
If a solution is found before the responding party pays the fee, the party who
paid the Arbitration Fee will be refunded this fee.
Stage 3 is the last stage where both users can submit their final evidence to
support their case. After Stage 3, the involved parties are no longer allowed to
submit evidence. The dispute will be resolved based solely on the evidence
provided through the Dispute System.
Once the dispute has proceeded to Stage 4, further evidence will no longer be accepted.
STAGE 4 - Arbitration
At Stage 4, the Dispute Team will review all evidence and other information
provided to reach a decision (usually within 48 hours). Dispute verdicts are
final, binding, and irreversible. The party who wins the dispute will be refunded
their Arbitration Fee.
11.6 Evidential Requirements for Your Dispute
Should you elect to have the Dispute Team arbitrate your dispute, you agree to
allow the Dispute Team to read all correspondence made on Freelancer.com and
download or access, and test (if necessary), all uploaded files, programs, and
websites related to the dispute for the sole purpose of having your dispute
You are highly encouraged to submit all the documents that would support your
claims on your dispute.
- Submit e-mail correspondences as screenshots or as *.eml files. If submitting
screenshots, ensure that the "To", "From", and the "Date" bar is visible.
E-mail correspondences sent in *.txt or *.doc or any word processing software
will not be honoured.
- IM conversations should be submitted as screenshots of the conversation from
the IM software. Correspondences sent in *.txt, *.doc, or any word processing
software will not be honoured.
- Provide the products, contracts, and other files relating to the project and
Freelancer.com will retain the confidentiality of the project and the privacy of
the involved users and will not release the collected information to any party
unless required by a court of law.
12. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA
Your personal information will be processed by Freelancer.com in order
to fulfill the agreement with You, perform delivery of products etc.
Furthermore, we will process your personal information for marketing of
campaigns, offers, new products or services. Your personal information
may also be transferred between Freelancer.com and any associated entity
within the Freelancer.com organisation. At such transfer, personal data
may be transferred outside the EEC-area. By entering into this
agreement, You hereby approve such processing of your personal
information as set forth above, including processing of your personal
identification number, and hereby give such consent as required by the
Swedish Personal Data Protection Act (Sw. personuppgiftslagen 1998:204).
The consent hereby given can in whole or in part be recalled by giving
written notice to us. Should you choose to recall your consent, and such
recall should make our due performance of the agreement or other
obligations difficult, we reserve the right to immediately terminate the
agreement. Should you require further information regarding our
processing of your personal information, please contact us at the
address set forth below.
Freelancer.com discloses sensitive personal information only if required to
comply with legal obligations or with your consent.
Freelancer.com and EUFreelance are trademarks of Freelancer Technology Pty Limited (ACN 142 189 759).
14.1 Copyright of Freelancer.com
The content and compilation of content included on the Site, such as
text, graphics, logos, icons, images, audio clips, digital downloads and
software, are the property of Freelancer.com and are protected by
Australian and international copyright laws.
14.2 Copyright infringement
It is our policy to respond to clear notices of alleged copyright
infringement. Our policy, set out at http://www.freelancer.ca/dmca/, is designed to make submitting
notices of alleged infringement to us as straightforward as possible
while reducing the number of notices that we receive that are fraudulent
or difficult to understand or verify.
15. NO WARRANTY
Freelancer.com is not involved in the actual transaction between
Freelancers and Employers. Our Services, the Site and all content on it
are provided on an as is basis and without warranties of any kind
either express or implied. Without limiting the foregoing,
Freelancer.com does not represent or warrant that:
• the Site will be accurate, reliable, uninterrupted, secure or error-free;
• defects in the Site will be corrected;
• the Site or the server that makes it available are free of viruses or other harmful components.
To the extent permitted by law, we specifically disclaim any implied
warranties of title, merchantability, fitness for a particular purpose
and non-infringement. For example, consumers (as defined by consumer
protection laws) may be entitled to the benefit of certain warranties
under applicable trade practices or fair trading legislation in
Australia. If you are considered a consumer under an Australian consumer
protection law that applies to Freelancer.com, you will be entitled to
the benefit of certain warranties under that legislation. For more
information on consumer protection laws, please visit www.accc.gov.au or
the website of your state fair trading agency.
To the extent that Freelancer.com is able to limit the remedies
available under this User Agreement, Freelancer.com expressly limits its
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 Freelancer.com's sole discretion)
(1) in the case of goods, any one or more of the following:
- • the replacement of the goods or the supply of equivalent goods;
- • the repair of the goods;
- • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- • the payment of the cost of having the goods repaired; and
- (2) in the case of services:
- • the supply of the services again; or
- • the payment of the cost of having the services supplied again.
• However, if you are considered a consumer under an Australian consumer
protection law that applies to Freelancer.com, and you use our Services
for personal, domestic or household use, the above clause may not apply
to you. For more information on consumer protection laws, please visit
www.accc.gov.au or the website of your state fair trading agency.
16. LIMITATION OF LIABILITY
16.1 Limitation of liability
In no event shall Freelancer.com, its affiliates or staff be liable,
whether in contract, warranty, tort (including negligence), or any other
form of liability, for:
• any indirect, special, incidental or consequential damages that may be incurred by you;
• any loss of income, business or profits (whether direct or indirect) that
may be incurred by you;
• any claim, damage, or loss which may be
incurred by you as a result of any of your transactions involving the Site.
• The limitations on Freelancer.com's liability to you above shall apply
whether or not Freelancer.com, its affiliates or staff have been advised
of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is
intended to limit or exclude any liability on the part of Freelancer.com
and its affiliates and related entities where and to the extent that
applicable law prohibits such exclusion or limitation including those
within the Competition and Consumer Act 2010 (Cth) and relevant state fair
16.2 Jurisdiction's Limitations
As some jurisdictions do not allow some of the exclusions or limitations
as established above, some of these exclusions or limitations may not
apply to you. In that event, the liability will be limited as far as
legally possible under the applicable legislation.
16.3 Bar to action
Freelancer.com may plead this User Agreement in bar to any claim,
action, proceeding, class action or suit brought by you, against Freelancer.com
for any matter arising out of any transaction or otherwise in respect of
this User Agreement.
16.4 Dispute resolution
If a dispute arises between you and Freelancer.com, our goal is to address your
concerns and, if we are unable to do so to your satisfaction, to provide you with
a means of resolving the dispute quickly.
For any claim, Freelancer.com may elect to resolve the dispute in a cost
effective manner through binding non-appearance-based arbitration. If Freelancer.
com elects arbitration, such arbitration will be initiated through an established
alternative dispute resolution (ADR) provider, which is to be selected by you
from a panel of ADR providers that Freelancer.com will provide to you.
The ADR provider and the parties must comply with the following rules: a) the
arbitration shall be conducted by telephone, online and/or be solely based on
written submissions, the specific manner shall be chosen by the party initiating
the arbitration; b) the arbitration shall not involve any personal appearance by
the parties or witnesses unless otherwise mutually agreed by the parties; and c)
any judgment on the award rendered by the arbitrator may be entered in any court
of competent jurisdiction.
All claims you bring against Freelancer.com must be resolved in accordance with
the terms of this Agreement. All claims filed or brought contrary to this
Agreement shall be considered improperly filed and a breach of this Agreement.
Should you file a claim contrary to the terms of this Agreement, Freelancer.com
may recover its legal fees and costs (including in-house attorneys and paralegals)
, provided that Freelancer.com has notified you in writing of the improperly
filed claim, and you have failed to promptly withdraw the claim.
If any proceeding by or against you is commenced under any provision of any
bankruptcy or insolvency law, Freelancer.com will be entitled to recover all
reasonable costs or expenses (including reasonable legal fees and expenses)
incurred in connection with the enforcement of this Agreement.
Freelancer.com’s failure to act with respect to a breach by you or others does
not waive our right to act with respect to subsequent or similar breaches.
You agree to indemnify and hold us and (as applicable) our related
entities, affiliates, and our and their respective officers, directors,
agents, and employees, harmless from and against any and all claims,
demands, proceedings, losses and damages (actual, special and
consequential) of every kind and nature, known and unknown, including
reasonable legal fees, made by any third party due to or arising out of
your breach of this User Agreement or your violation of any law or the
rights of a third party.
Currency conversions will be completed at a rate displayed on the Site, which
is adjusted regularly based on market conditions. This exchange rate includes a
processing fee above the wholesale exchange rate at which we obtain foreign currency.
You are responsible for all risks associated with maintaining balances in foreign
currencies (including, the risk that the value of these balances will fluctuate as
exchange rates change, which could result in decreases in the value of the balances).
You agree not to attempt to use the Site to engage in speculative trading, which
could result in substantial losses. No advice is provided on the Site and nothing
on the Site should be relied upon as such. Use of this aspect of the Site is at
your own risk.
Please note that the most readily available information on currency exchange
rates is based on "interbank exchange rates". Interbank exchange rates are
established in the course of currency trading among a global network of over
1,000 banks, and are not available through consumer or retail channels. These
rates are not a suitable reference for currency changes made on the Site.
Certain currency related services are provided by JBS Investment Management
Limited, including its subsidies, as applicable, including JBS Investments
Australia Holding Limited, AFSL 401869.
19. APPLICABLE LAW
Any dispute arising out of or in connection with this User Agreement
shall be governed by the laws of the State of New South Wales,
Australia. You and Freelancer.com irrevocably submit to the
non-exclusive jurisdiction of the courts of New South Wales, Australia.
The provisions of this User Agreement are severable, and if any
provision of this Agreement is held to be invalid or unenforceable, such
provision may be removed and the remaining provisions will be enforced.
This Agreement may be assigned by Freelancer.com to a third party
without your consent in the event of a sale or other transfer of some or
all of the assets of Freelancer.com. In the event of any sale or
transfer you will remain bound by the User Agreement. Headings are for
reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. Our failure to act with
respect to an anticipated or actual breach by you or others does not
waive our right to act with respect to subsequent or similar breaches.
Nothing in this clause shall exclude or restrict your liability arising
out of fraud or fraudulent misrepresentation.
Please contact us to report violations of terms and conditions.