This Agreement was last modified on 27th April 2015.
This User Agreement describes the terms and conditions on which you are allowed to use our Website and our Services. We have incorporated by reference all linked information. By accessing and/or using the services available from the domain and sub-domains of www. PoDLancer.com (the “Website”), you agree to be legally bound by these User Agreement.
We reserve the right to revise these User Agreement and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
PodLancer.com is an online marketplace that enables buyers of professional services (“Employers”) to search for, enter into and manage transactions with providers of professional services (“Freelancers” and, collectively with Employers, “Registered Users”). The Website contains features that enable Freelancers and Employers to do, among other things, the following:
Employers or Buyers: Create profiles, post projects, post contests, search for Freelancers, communicate with Freelancers, negotiate with Freelancers, award projects to Freelancers, manage projects, leave feedback for Freelancers, and pay Freelancers.
Freelancers or Sellers (or Professionals on-Demand, or PoDLancers): Create profiles, advertise capabilities, market services, submit quotes, negotiate with Employers, obtain project awards, invoice, obtain feedback from Employers, and receive payment from Employers.
We also provide Registered Users with certain services described in, and subject to, this User Agreement (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in this User Agreement have the following meanings:
Account means the account created by the Website when you register on the Website.
Buyer means a User that investigates and purchases Seller Services or items from Sellers or identifies a Seller through the Website.
Contest means a contest that is solely promoted by a Buyer and in respect of which a Seller can submit an entry via the Website.
Contest Brief means the document setting out the terms and conditions which are to apply to a Contest.
Contest Handover, in respect of a Contest, means the agreement between the Buyer and winning Seller under which the Seller will transfer to the Buyer ownership of the winning entry.
Dispute Resolution Process means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
Entrant means an eligible Seller who has entered into a Contest.
Professionals on-Demand, “PoDLancer”, “we”, “our”, or “us” means P4PE Limited.
Inactive Account means a User Account that has not been logged into for a continuous 6 month period.
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 Jobs or
On-site Jobs means a service we provide to match a Buyer who has tasks that need doing with a Seller who will provide the service based on the location of the Seller.
Milestone Payment means a prepayment 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” below.
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.
Seller Services means all services provided by Sellers.
your means an individual who visits or uses the website
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; and (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.
Dispute Resolution Service means the service described in Section 6.
Services means, collectively, the PoDLancer Billing and Payment Service, and the Dispute Resolution Service.
PoDLancer Billing and Payment Services means, collectively, the PoDLancer Invoice Service and the PayAssure Service.
Assumed Payment Liabilities shall mean that portion of a Seller’s total service charges for a Project which PoDLancer.com agrees to assume in consideration of the Service Charges.
Buyer’s Acceptance of Services shall mean: (i) with respect to an Invoice, a transfer of funds by Buyer to PoDLancer.com in respect of such Invoice or (ii) with respect to the PayAssure Service, the earlier to occur of the following: (a) Buyer and the Seller agree as to the rightful recipient of the funds or (b) Buyer and Seller have concluded the process comprising the Dispute Resolution Service.
PoDLancer Invoice Service means the service described in Section 5(A).
PayAssure Service means the service described in Section 5(B).
Service Charges means, as applicable, the Project Fee, Buyer Payment Processing Fee, the Seller Transfer Method Fee and the Dispute Resolution Service Fee.
Website means the websites operated by PoDLancer and available at: PoDLancer and any related PoDLancer subdomain, service, tool, application or any replacement URL.
The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website enables Users to work together online to complete and pay for Projects, buy and sell items and to use the services that we provide.
Before using the PoDLancer Website, we recommend that you read the whole User Agreement, the Website policies and all linked information.
A. Eligibility. To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) abide by the User Agreement and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Project Agreement that you accept, unless such obligations are prohibited by law or by the User Agreement.
You will not use the PoDLancer Website if you:
Subject to your local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for everything done with that account.
Users may provide a business name or a company name, which is to be associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
PoDLancer.com reserves the right, in its sole and absolute discretion, to refuse to register a person or corporate entity as a User, suspend, or terminate Services to anyone.
B. Registration. To become a Registered User and to access 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 Website, and to update this information to maintain its truthfulness, accuracy and completeness.
C. Accounts and Profiles.
General. Once you have registered with the Website as a Registered User, the Website will create your Account with PoDLancer.com and associate it with an account number. You may create a profile under your Account, in accordance with Section 3(D).
Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize PoDLancer.com to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
D. Membership. PoDLancer.com provides Registered Users several different membership options. The availability of these membership options is dependent upon (i) the Registered User’s status as an Employer or a Freelancer (ii) the selections made during registration, (iii) any subsequent upgrades or downgrades of membership options after registration.
Employers. All Employers have the membership benefits described here. Note, membership benefits may change from time to time at the sole discretion of PoDLancer.com and upon reasonable notice posted in advance on the Website.
Freelancers. Freelancers can choose from different membership options. The options and differences between these options are listed here.
Each membership option includes a certain number of “bids.” As described on the Website, a Freelancer uses bids to submit quotes for projects. If a Freelancer requires additional bids in a given month, the Freelancer has the option to buy additional bids as described here. We reserve the right to change membership fees, the monthly number of bids included in the membership options or the price of bids or institute new fees at any time, at the sole discretion of PoDLancer.com and upon reasonable notice posted in advance on the Website. No refunds of membership fees, bids or skill tests already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
A. Buyer and Seller.
B. Registered Users and PoDLancer.com
While using the PoDLancer Website, you will not:
It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy 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. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Website and we will investigate.
We charge fees for certain services, such as introduction fees for Projects, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.
A. Membership Fee. Freelancers can choose various membership plans to subscribe to different levels of participation on the Website, as detailed here.
B. Services Fees. PoDLancer.com deducts one or more of the following fees, as applicable, from payments made by Buyers to Sellers using the PoDLancer Billing and Payment Services:
C. We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by PoDLancer.com at any time, at the sole discretion of PoDLancer.com and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under this User Agreement, at any time, we will not refund the membership fee already paid.
Unless otherwise stated, all fees are quoted in Naira and its equivalent in United States Dollars.
A. PoDLancer Invoice Service. The PoDLancer Invoice Service enables Sellers to issue invoices and enables Buyers to make payments for services.
B. PayAssure Service. The PayAssure Service enables Buyers to transfer certain payment responsibilities to PoDLancer.com.
C. Funds Transfer.
D. Legal Relationship.
E. Miscellaneous Payment Terms.
A. Eligibility. PoDLancer.com offers the Dispute Resolution Service to those Registered Users that have requested PoDLancer.com to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Project that is (i) pursuant to a project posting by an Buyer through the Website, (ii) pursuant to a bid for by a Seller through the Website for such job posting and (iii) pursuant to an acceptance through the Website by the Buyer for such bid. Buyer and Seller agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 6.
(a) You acknowledge and agree that PoDLancer.com will construe any Project Agreement based on the transaction’s course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Project Agreement, (ii) the parties’ course of dealings, as evidenced by activity on or communications through the Website, (iii) the Project itself and (iv) any information or communication that the Buyer and the Seller agree should be considered.(b) PoDLancer.com shall render its decision within five (5) business days of escalation. During this time, you are encouraged to continue to negotiate an amicable settlement with the Seller with which you are engaged in a dispute.(c) You agree that the decision of PoDLancer.com, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator’s decision.(d) In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Project that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Project in your possession and destroy any electronic copies that you have.
C. Communication. You agree and acknowledge that (1) PoDLancer.com will use the e-mail address corresponding with your Account registered at the time a dispute arises to notify and communicate with you with regard to any dispute and (2) you are solely responsible for the receipt of any notification or communication sent by PoDLancer.com using the e-mail address corresponding with your Account registered at the time a dispute arises.
D. Acknowledgements. You agree and acknowledge that (1) PoDLancer.com is not providing legal services to you, (2) PoDLancer.com will not advise you regarding any legal matters and (3) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on PoDLancer.com for any such counsel. You agree to indemnify and hold harmless PoDLancer.com and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service. If you do not agree to use this Dispute Resolution Service under these terms, you should not request PoDLancer.com to assume the Assumed Payment Liabilities.
A. This User Agreement shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or PoDLancer.com as provided for under the terms of this section.
B. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by this User Agreement at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) PoDLancer.com shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to PoDLancer.com for any service and to any Freelancer for any services.
C. Any termination of an Account will automatically lead to the termination of all related profiles.
D. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of this User Agreement or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for PoDLancer.com or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
E. In addition, violations of this User Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
F. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the PoDLancer Billing and Payment Services or otherwise reduce fees owed PoDLancer.com under this User Agreement, you must pay PoDLancer.com for all fees owed to PoDLancer.com and reimburse PoDLancer.com for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
G. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.