Terms & Conditions

Ofeest.com  – Terms & Conditions

This Agreement was last modified on 30 July 2019.

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

 

1.  Ofeest user accounts

To access the full Ofeest.com site, Users have to register for an account, provide accurate and complete information, and keep their account information updated. Both Buyers and Freelancers undergo the same account registration process.

Each account must be a personal account, but Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated).

Users cannot register for more than one account.

The information that Users supply in the public profile of their account must comply with Ofeest.com profile policies.

Ofeest.com reserve the right to restrict your access, temporarily or indefinitely block your account, stop any projects you have in progress, warn other Buyers and Freelancers of your actions or issue you a warning if:

·         you breach the letter or spirit of these terms and conditions or the referenced policies;

·         we are unable to verify or authenticate any information you provide to us;

·         we believe that your actions may cause any loss or liability to our Users or to us

Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking or if someone steals their password when they have taken reasonable steps to keep it secure). Users may never use another person’s user account or registration information for the Website.

You confirm that you are not economically barred/limited under sanctions rules of any country worldwide. If your circumstances change to be included in such lists, please cease using Ofeest.com immediately.

 

2. Projects and Work done

Offers –
On purchase of an Offer the Buyer’s funds will be held in the Escrow Account.

The Buyer will then need to provide their requirements (as specified in the Offers description page) in the WorkStream so that the Freelancer can get started.

Once the requirements are provided in the WorkStream by the Buyer, the Freelancer must:

·         respond in the WorkStream within one (1) working day to confirm work has started otherwise the Buyer may request and will be entitled to a refund in accordance with Section 6;

·         provide regular progress updates in the WorkStream and respond within one (1) working day to all messages from the Buyer;

·         complete the project within the delivery timescales indicated in their Offer description including handover of all deliverables in the WorkStream. Failing to deliver within those timescales may mean the Buyer requests and is entitled to a refund in accordance with Section 6;

·         Late or non-delivery will negatively affect the Freelancer’s rankings on Ofeest.com.

All direct communication between Buyer and Freelancer must go via the WorkStream to keep both parties protected in case of a Dispute.

Once the Offer has been completed the Freelancer will raise an invoice and:

·         the Buyer is then able to leave feedback for the Freelancer, upon which the funds held in the Escrow Account will be automatically released to the Freelancer as payment;

·         alternatively, if the Buyer is not satisfied with the deliverables they can reject the invoice and provide the Freelancer with detailed feedback on what work remains outstanding. The Freelancer must provide, and be given the chance to provide, at least two revisions of the deliverables based on detailed feedback from the Buyer;

·         if the Buyer does not either i) leave feedback for the Freelancer, nor ii) reject the invoice, the funds held in the Escrow Account will be automatically released on their behalf to the Freelancer as payment after seven (7) days.

·         if the funds held in the Escrow Account are released to the Freelancer in accordance with a) or c) above, Ofeest.com and the Freelancer will be entitled to assume that the Buyer is satisfied with the project and does not have a dispute of any kind in relation to the project. The Buyer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.

 

Custom Projects –

The Freelancer’s payment for custom projects are either agreed as fixed price, price per item or as a per hour rate project:

·         for a per hour rate custom project the Buyer agrees to pay the Freelancer based on the time spent, not on the real or perceived quality of any deliverables provided. The Freelancer must provide the Buyer, on request, with a breakdown of their billed hours as evidence;

·         for a fixed priced custom project the Buyer agrees to pay the Freelancer based on deliverables. The parties should agree upfront in the WorkStream whether to divide the project into milestones, with associated milestone payments. If milestones have not been agreed then the Custom project will only be invoiced on full completion of all deliverables.

·         for price per item custom project the Buyer agrees to pay the Freelancer for all items delivered.

On acceptance of a Proposal the Buyer will pay into the Escrow Account the agreed deposit amount.

The Buyer must then provide their detailed requirements in the WorkStream so that the Freelancer can get started. These requirements should include (but not be limited to):

·         timeframe for delivery of the project or milestones;

·         description of any subjective elements of the project like aesthetics providing similar examples;

·         breakdown of all expected deliverables;

·         any other expectations for the work.

Once requirements have been received from the Buyer, the Freelancer must:

·         respond in the WorkStream within one (1) working day to confirm commencement of work. Failing to respond within one (1) working day may mean the Buyer requests and will be entitled to a refund in accordance with Section 6;

·         provide regular progress updates in the WorkStream and respond within one (1) working day to all WorkStream messages from the Buyer;

·         complete the project, including handover of all deliverables in the WorkStream, within the delivery timescales agreed with the Buyer,

1.    if missing a previously agreed deadline is unavoidable then the Freelancer must inform the Buyer immediately in the WorkStream and provide a revised delivery date.

2.    failing to deliver the work within agreed timescales, or repeatedly revising previously agreed deadlines, may mean the Buyer requests a cancellation of the custom project and will be entitled to a refund of any funds in the Escrow Account.

3.    late or non-delivery of a project will negatively affect the Freelancer’s rankings on Ofeest.com.

All direct communication between Buyer and Freelancer should go via the WorkStream to keep both parties protected in case of a Dispute.

When the Custom project is completed (or an agreed milestone has been reached) the Freelancer will raise an Invoice:

·         the fees charged in the Invoice should be as has been explicitly agreed upfront in the Proposal. If requirements/ scope changes materially during a custom project the Freelancer may need to propose a change to a previously agreed price. This must be explicitly agreed in the WorkStream before any extra work is undertaken so that the Buyer can confirm whether they wish to proceed with the additional scope for the extra cost;

·         the Buyer must pay the Invoice within seven (7) days of the Invoice being raised;

·         alternatively, if the Buyer does not agree that the project has been completed then the Buyer can reject the Invoice. The Buyer must then provide the Freelancer with detailed feedback in the WorkStream on what work remains outstanding. The Freelancer must provide, and be given the chance to provide, at least two iterations of the deliverables based on detailed feedback from the Buyer;

·         if the Buyer does not either i) pay the Invoice or ii) reject the Invoice within such seven (7) day period Ofeest.com will provide assistance to the Freelancer to chase payment and may temporarily or permanently restrict the Buyer’s account. If the Invoice remains unpaid after fifteen (15) days a final 24-hour notification will be issued to the Buyer. If after 24 hours the Buyer has not responded to this notification the funds in the Escrow Account, up to the unpaid Invoice amount, will be automatically processed and will remain at the discretion of Ofeest.com for approval.

·         if the Buyer pays the invoice or funds are utilised in accordance with d) above, Ofeest.com and the Freelancer will be entitled to assume that the Buyer is satisfied with the project and does not have a dispute of any kind in relation to the project. The Buyer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.

 

Contracts –

The Freelancer’s payment for Per Hour Contracts is set as a per hour rate project using the per hour rate as stated on the Freelancer’s profile at the time of the Per Hour Contract setup. The Buyer agrees to pay the Freelancer based on the time spent, not on the real or perceived quality of any deliverables provided.

On acceptance of a Per Hour Proposal and on hire request, the Buyer must place a valid payment method on file and gives authorization to Ofeest.com to charge it repeatedly per Ofeest.com’s Terms and Conditions.

Every seven (7) days an invoice will be automatically raised by the system on behalf of the Freelancer according to the number of hours tracked by the Freelancer during the last seven (7) days and the per hour rate of the Per Hour Contract.

Upon invoice raise:

·         The Buyer can pay the Invoice manually within three (3) days of the Invoice being raised.

·         If not paid manually by the Buyer within three (3) days, the invoice will be automatically paid by the system charging one of the payment methods of the Buyer on file at any time.

 

Protection for Freelancers –

In the rare event that a Buyer refuses payment for legitimate services performed by a Freelancer, Ofeest.com will provide limited payment protection to the Freelancer as mentioned below (“Per Hour Payment Protection”). Per Hour Payment Protection will be provided only if all of the following criteria are met:

·         Buyer must have an Account in good standing and at least one valid and authenticated Payment Method, and Buyer must agree to automatically pay for hours billed by the Freelancer.

·         Freelancer’s Account must be in good standing.

·         The number of hours billed must not exceed the weekly limit of hours as defined in the Per Hour Contract.

·         Within ten (10) days after invoice raise, if the invoice is rejected the Freelancer must submit a Dispute specifically identifying the details of the work that should be paid. Within ten (10) days after invoice raise, if the invoice is not rejected and not paid the Freelancer must contact Ofeest.com Customer Support identifying the details of the work that should be paid.

Per Hour Payment Protection is available with a maximum rate per hour protected by Ofeest.com to Freelancer the lesser of

·         the rate defined in the Per Hour Contract terms;

·         the usual per hour rate billed by Freelancer on the Site across all Buyers; and

·         the going rate for the same skills on the Site in Freelancer’s area (such determination to be made in Ofeest.com sole discretion).

 

Protection for Buyers –

Ofeest.com will adjust the invoice to Buyer for work that is not clearly related to either the project requirements or Buyer instructions in the Workstream and within the hours authorized for the week, subject to and conditioned on the following terms:

·         Buyer must have an Account in good standing and at least one valid and authenticated payment method, and Buyer must agree to automatically pay for hours billed by the Freelancer.

·         Freelancer’s Account must be in good standing.

·         The Buyer rejects the invoice within three (3) days of the Invoice being raised identifying the time billed and screenshots of the Freelancer’s screen that are not clearly related to either the project requirements or Buyer instructions in the WorkStream.

 

Quality –

All Freelancers on Ofeest.com must strive to deliver a high standard of work, appropriately meeting their Buyer’s needs.

Specifically, Freelancers must ensure that all deliverables are:

·         error free;

·         fully address each of the Buyer’s defined requirements;

·         are a complete set of deliverables as defined in the Offer description or as agreed in the WorkStream as part of the requirements for custom projects;

·         and, for Offers and projects, are of a standard consistent with the level of expertise indicated in the Freelancer’s profile and proposals.

 

The heavy but important bits –

The Buyer and Freelancer decide on the type of project, Hourly, custom or fixed price. They determine the terms and conditions of “projects”, including deliverables, any specific requirements, and for “projects” the price, directly between them. The Buyer and Freelancer create a direct service contract between themselves and Ofeest.com are not party to that contract (‘the Service Contract’).

Subject to this being varied as part of the Service Contract, ownership in and to any materials and or deliverables arising from a project and any intellectual property rights therein, will be assigned to the Buyer upon successful payment to the Freelancer. If the Buyer and Freelancer wish to include any special terms of the contract (for example, in relation to the ownership of the work produced, ownership of intellectual property rights or special rights of termination), the Buyer and Freelancer should negotiate and document these terms in the project WorkStream.

Subject to variation in the Service Contract, the terms and conditions of each project shall be deemed to incorporate a term that in consideration of the fee paid for the project the Freelancer thereby assigns to the Buyer absolutely with full title guarantee the following rights throughout the world:

·         the entire copyright and all other rights in the nature of copyright subsisting in the project

·         any database right subsisting in the project and

·         all other rights in the project of whatever nature, whether now known or created in the future, to which the Freelancer is now, or at any time after the date of Commencement of the project may be, entitled by virtue of the laws in force in the United Kingdom and in any other part of the world,

in each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of Commencement of the project.

You promise that:

·         you are able to pay for the services if you are a Buyer and perform the services if you are a Freelancer;

·         you are not in breach of any applicable laws, rules or regulations or obligations to any other person;

·         you have made and will make all required legal and tax filings. If relevant, you will file all necessary legal documentation relating to your self-employment required by any governmental body, and pay all applicable taxes including without limitation PAYE or other income tax and national insurance;

·         you shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, project, or Proposal on or through the services Ofeest.com provide, including without limitation any User Content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.

 

Proposal categorisation –

 

Using historical data, our Data Science team have created machine learning models that try to predict which proposals a buyer will most likely want to accept. We can therefore organise proposals into different categories:

 

a. Recommended proposals

The proposals that a buyer will very likely want to accept.

b. Low Relevance proposals

The proposals that a buyer will very likely not want to accept.

c. Everything else

The rest of the proposals. By choosing the default ‘Recommended’ sort option, the proposals higher up in the list are the ones a buyer will most likely want to accept.



Ofeest.com only predicts the probability of a Recommended proposal being accepted. If a refund is processed, Ofeest.com is not liable for the outcome.

 

3.  Payments

 

You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. If you are a Seller, you may have positive funds if you have successfully completed a Project, or sold an item, and funds have been released to you. There are also circumstances where funds may have been credited to your Account in relation to an affiliate program or a referral program.

Funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User’s Accounts.

You are not entitled to any interest, or other earnings for funds that are in your Account.

We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.

If your Account has negative funds, we may:

  • set-off the negative amount with funds that you subsequently receive into your Account;
  • if you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency (at an exchange rate applied by us);
  • reverse payments you have made from your Account to other User Accounts on the Website;
  • deduct amounts you owe us from money you subsequently add or receive into your Account; or
  • immediately suspend or limit your Account until such time as your Account no longer has a negative amount.

In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

  • we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
  • the funds shown in your Account (which may include Milestone Payments subject to Section 25, and/or any prepayment of fees and charges which you owe to us) represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Seller Services through the Website and provision of the Freelancer Services;
  • if you were a User acquired in an acquisition and your account was migrated to the Website, we are responsible for your positive funds only to the extent of the legal documentation between us and any acquired marketplace, along with this agreement, and you acknowledge specifically that the onus is on you to confirm the validity of your fund, and that any understatement or misstatement in relation to this is not a claim against us, and belongs with the counterparty of any prior user agreement to which you agreed;
  • to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
  • we are not acting as a trustee or fiduciary with respect to such funds or payments;
  • the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
  • funds may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Seller Services;
  • any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;
  • we will hold funds in respect of the amount of your Account (including Milestone Payments, subject to Section 25) in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and
  • we may commingle your funds with funds of other Users and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.
Milestone Payments –

 

Subject to Section 25, we do not operate an escrow service in relation to the Website. Freelancer separately owns and operates a business known as Escrow.com – for the avoidance of doubt this business is separate and there is no connection between terms, conditions, products and services offered on Freelancer and services offered on Escrow.com. We do however, provide a service on this Website which allows controlled payments to be made with respect to a service, called Milestone Payments.

Subject to the User Contract, the Buyer can make a Milestone Payment subject to Section 25, which will be locked from the Buyer’s Account and cannot be claimed by the Seller until:

  • the Buyer and Seller agree that the funds can be claimed by the Seller;
  • if there is a dispute, the Buyer and Seller have concluded the Dispute Resolution Process and the Dispute is resolved in the Seller’s favour;
  • the Buyer instructs us to pay a Seller for services performed by the Seller in respect of a Project or Contest; or
  • the Buyer acknowledges that the Seller has completed the services fully and satisfactory.

If a Buyer does not approve of the Seller’s work product, the parties may elect to resolve the issue under the Dispute Resolution Process.

If we have not received any instructions or dispute from a Buyer or Seller in respect of a Milestone Payment within six months or any other reasonable length of time after the day that the Milestone Payment was paid and the Buyer has not logged into their Account during that time, the Milestone Payment will be unlocked and released back to the Buyer.

4.  Cancellations and refunds

Cancellation of a project –

After the Commencement of a project, the Buyer may request a cancellation:

If there are funds in the Escrow Account and the Buyer believes they are entitled to a refund, the Buyer can notify Ofeest.com of the cancellation by requesting a refund using the “Request Refund” action on the WorkStream.

Project Refund policy –

A Buyer is entitled to receive a refund of funds held in the Escrow Account under the following circumstances:

·         no response: the Freelancer has not responded in the WorkStream within one (1) working day of the Commencement of the project;

·         non-delivery:

1.    for Offers, the Freelancer of an Offer did not deliver the scope of work within the delivery timescales indicated in the Offer.

2.    for fixed price or price per item Custom projects, non-delivery means agreed scope of work was not delivered within the agreed timescales;

3.    for per hour rate Custom projects no time has been spent.

·         poor quality: with the exception of per hour rate Custom projects, the deliverables provided by the Freelancer do not meet the terms defined in Section 3.2.

Buyer and Freelancer may mutually agree to a refund for reasons other than the previous clause however authorization of such refunds will be subject to a review by Ofeest.com, as defined in Section 6.2.1 .

Refunds are only applicable to funds held in the Escrow Account. As per Section 3, funds should only be paid out of the Escrow Account once the Buyer is satisfied that the project (or any agreed milestone deliverables) has been completed. By releasing funds from the Escrow Account the Buyer accepts that this money is non-refundable.

Buyers must avoid filing a dispute or reversing payment through their credit card holder, Bank or PayPal. Attempts to seek a refund in this way will lead to the Buyer’s account being automatically suspended.

Requesting a refund –

A Buyer can request a refund of the funds held in the Escrow Account using the “Request Refund” action in the WorkStream and specifying a reason for their request.

Ofeest.com will process refund requests subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If OFEEST.COM reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations OFEEST.COM shall not be obliged to make the refund.

Refund and cancellation penalties –

Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the Ofeest.com marketplace as follows:

·         where the Freelancer is at fault for the refund (for example, due to no response, poor quality of work or they have cancelled the project), it will negatively impact their Freelancer status and rankings;

·         where the Buyer is found to be the cause for the refund (for example, an early cancellation due to a change in their business need) it will negatively impact their Buyer status;

·         multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.

 

5. Disputes

Disputes With Us-

If a dispute arises between you and Freelancer, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at support@ofeest.com.

For any claim, Freelancer may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Freelancer 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 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 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 may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Freelancer has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Freelancer 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’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.

Other Disputes With Users –

You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.

If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Project we encourage you to contact us as set out in the Clause entitled “Contacting us”.

You agree that any dispute that is not related to a Milestone Payment (which must be dealt with in accordance with the Milestone Disputes Policy) arising between you and another User will be handled in accordance with this clause. Freelancer will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Freelancer shall have the right to request the Seller and the Buyer to provide documentation in support of their claim or position in relation to the dispute. You agree that Freelancer has absolute discretion to accept or reject any document provided. You also acknowledge that Freelancer is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Freelancer and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.

In relation to disputes with any other users of the Website, you hereby agree to indemnify Freelancer 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, our determinations or the use of the Milestone Dispute Resolution Services for Milestone Payments and/or for Other Disputes.

The Freelancer Code of Conduct applies to all the services offered by Freelancer, including, but not limited to, the Milestone Dispute Resolution Services. It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.

A User found to be in breach of the Code of Conduct during the Milestone Dispute Resolution Service process may automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. The User who breached the Code of Conduct may also incur further disciplinary action. For more information, read the Code of Conduct.

Milestone Dispute Resolution Services –

Freelancer offers Milestone Dispute Resolution Services to Users who have elected to use the Milestone Payment feature. You agree and acknowledge that: (i) Freelancer is not providing legal services; (ii) Freelancer 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 for any such counsel.

In the event of a dispute between a Buyer and a Seller regarding a return or release of Milestone Payments, either Buyer or Seller may elect to use the Milestone Dispute Resolution Services offered by Freelancer as set out in the Milestone Disputes Policy. The Buyer and Seller will then be notified that the matter will be addressed through Milestone Dispute Resolution Services.

You agree to indemnify and (to the maximum extent permitted by law) hold Freelancer and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Milestone Payments and/or Milestone Dispute Resolution Services.

Freelancer will respond to disputes initiated by a Seller or a Buyer in accordance with the Milestone Dispute Resolution Services as set out in this clause and the Milestone Disputes Policy and in relation to disputes that arise in relation to the provision of the venue, and the hosting of the Website by Freelancer as set out in the clause entitled Disputes with Us, along with the approach to disclosing information in relation to chargebacks set out in clauses 19 and 21 of this agreement.

 

6. Leaving Feedback

When the project is completed and the Freelancer has been paid by the Buyer, both parties are asked to provide both qualitative feedback and a rating from 1-5 for the other party. This rating influences each User’s ranking on Ofeest.com. In order for a user to read a received review, they have to submit their feedback as well. A review (feedback) is published on the member profile page when both parties (Buyer and Freelancer) leave their feedback within the first 60 days since invoice payment (funds released / amount paid). In case 60 days have passed, any submitted review is disclosed and users that haven’t left any review will no longer be able to do so.

Both parties should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to Ofeest.com.

Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.

7. General terms of website use

The Ofeest.com  terms of website use define how Users may make use of Ofeest.com whether as a guest or a registered user. They contain the heavy but important stuff so please read them carefully.

8. Privacy Policy

We use your information as described in the Freelancer Privacy Policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business in this online marketplace. This may include on invoices and purchase orders including but not limited to between transacting parties, including those automatically generated on awarding, accepting and payment.

9.Governing Law

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).

 

10.Definitions

 

“Account” means the account associated with your email address.

“Buyer” means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.

“Contest” means a contest that is promoted by a Buyer and in respect of which a Seller can submit one or more entries via the Website.

“Contest Brief” means the document setting out the scope of a Contest, including but not limited to items such as a design brief.

“Contest Handover”, in respect of a Contest, means the agreement between the Buyer and one or more winning Seller(s) under which each Seller will transfer to the Buyer ownership of the winning entry or entries.

“Dispute Resolution Process” means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.

“Entrant” means a Seller who has entered a Contest.

“Freelancer Enterprise” provides organizations access to a global workforce of over 42 million freelancers. Freelancer Enterprise enables large organizations to accelerate their growth for less.

“Freelancer Verified” Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.

“Inactive Account” means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.

“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

“Local Job” or “Local Jobs” means a service we provide to match a Buyer with a Seller in relation to the provision of location specific services.

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

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

“Seller” means a User that offers and provides services or identifies as a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.

“Seller Services” means all services provided by a Seller.

“Freelancer Services” means all services provided by us to you.

“User”, “you” or “your” means an individual who visits or uses the Website, including via the API.

“User Contract” means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.

“Website” means the Websites operated by Freelancer and available at: Freelancer.com and any of its regional or other domains or properties, and any related Freelancer service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.


If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact by email us at support@ofeest.com.