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The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser. We provide unmonitored access to third party content, including User feedback and articles with original content and opinions or links to such third party content.
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We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. The Website may contain links to other third party websites. We do not control the websites to which we link from the Website.
We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating s e. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website 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.
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We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted. Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website.
You may not use your Seller or Buyer feedback including, but not limited to, marketing or exporting your any or all of your composite rating s or feedback comments in any real or virtual venue other than a website operated by Freelancer or its related entities, without our written permission. Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Project, Contest, item listed, user or service being performed on the Website.
We may display advertisements or promotions on the Website.
You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws.
Communication with other users on the Website must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, Project message board, direct message sending and other communication channels provided on the Website. You must not post your email address or any other contact information including but not limited to Skype ID or other identifying strings on other platforms on the Website, except in the "email" field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website. In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function. Freelancer may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.
We may read all correspondence posted to the Website and download or access, and test if necessary , all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: 1 provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; 2 take steps to confirm ownership of your email address or financial instruments; or 3 verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents such as your passport or driver's licence. We may also ask you to provide photographic identification holding your identification together with a sign with a code that we provide as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background and your skills. We reserve the right to update your particulars on the website in order to match any identity documentation that has been provided.
Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided identity documents and account information. If you are not Freelancer Verified you may not be able to withdraw funds from your Freelancer Account, and other restrictions may apply.
Upon the Buyer awarding a Project or Contest to the Seller, and the Seller's acceptance on the Website, or the purchase of an item by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services.
You agree not to enter into any contractual provisions in conflict with the User Agreement. You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws including common law , international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Website. 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, we have no responsibility for enforcing any rights under a User Contract. Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation.
To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.
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Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Freelancer and any User.
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.
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. 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 suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.
If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds. We may, in our sole discretion, place a limit on any or all of the funds in your Account thereby preventing any use of the funds if:. If you are involved in a dispute, we may in certain circumstances place a temporary limit on the funds in your Account to cover the amount of any potential liability.
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If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behaviour, while we investigate any such matter.
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You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to a Milestone Payment subject to Section 25 or relates to fees or charges payable to us. If the amount the User has asked to refund relates to: 1 a Milestone Payment subject to Section 25, the Dispute Resolution Process may be followed; or 2 our fees and charges, the process set out in the Clause "Disputes with Us" must be followed.
If we agree to the refund, the funds will be received by the User via the same payment method s that the User used to make the original payment to us. We may refund funds to Users irrespective of whether a User has requested funds be refunded if: 1 we are required by law or consider that we are required by law to do so; 2 we determine that refunding funds to the User will avoid any dispute or an increase in our costs; 3 we refund funds to the User in accordance with any refund policy specified by us from time to time; 4 we find out that the original payment made by the User is fraudulent; 5 the User made a duplicate payment in error; or 6 we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.
You can request a refund by using our customer support website or emailing us at support freelancer. Once you have made a Milestone Payment subject to Section 25, you expressly agree to use the dispute resolution process in this agreement, expressly agree to be bound by its ruling and expressly agree not to initiate any chargeback request with your card issuer. If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.
If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery. If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.
Your first withdrawal of funds earned may be delayed for up to fifteen days for security and fraud purposes. Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention policies require a delay. We may impose a minimum withdrawal amount for funds earned.
This is set out in our schedule of Fees and Charges. We may require you to be Freelancer Verified before you can withdraw funds from your Freelancer Account, irrespective of whether or not a delay has been enforced. A chargeback being a challenge to a payment that a User files with their card issuer or financial institution , and any subsequent reversal instruction, is made by the payment product issuer or third parties such as payment processors and not by us.
We are bound to follow such instructions. You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties such as payment processors on funds paid to you by Buyers through the Website, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.
You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties such as payment processors. User Accounts that have not been logged into for a period of time will incur a maintenance fee per month, until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User's profile, portfolio storage, listing in directories, promotion of your profile on the Website and elsewhere, provision of the HireMe service, file storage, message transmission, general administrative matters and message and other storage costs.
The length of the period and the amount of the maintenance fee is set out in our schedule of Fees and Charges. We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account: if we determine that you have breached, or are acting in breach of this User Agreement; if you under-bid on any Project in an attempt to renegotiate the actual price privately, to attempt to avoid fees; if we determine that you have infringed legal rights resulting in actual or potential claims , including infringing Intellectual Property Rights; if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities; you do not respond to account verification requests; you do not complete account verification when requested within 3 months of the date of request; you are the subject of a United Nations, Australian, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you; to manage any risk of loss to us, a User, or any other person; or for other reasons.