TERMS AND CONDITIONS

by | Feb 23, 2023 | Samples legal papers

TERMS AND CONDITIONS

Whether or not you have an account with us, these Terms and Conditions (“Agreement”) govern your access to and use of our Website.  This agreement is a legally binding agreement whose breach shall attract legal penalties. “We” or “our” refers to the Company in this agreement, while “you” and “user” refer to persons who access our Website through any means. “Freelancer” means the seller of services on the Website, while “Client” refers to the purchaser of the said services. Only those who have attained the age of thirteen (13) years are allowed to use the Website. By accessing this Website, you acknowledge that you have read, understood, and accepted to be governed by these Terms & Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions, you must immediately stop using the Website. We are at your disposal to answer any queries about this agreement or for any reports on any violations of or complaints under this agreement. 

User account

You must create an account with us as a precondition to enjoying our services. The account registration is offered free of charge. The account should be personal to you and not subject to use by others. When creating your account, we will require certain information from you to assist in the account creation. Please ensure that the information you provide is truthful to the best of your knowledge and complete. From time to time, we may require that you update your information. If there is any security breach on your account, you shall promptly notify us to mitigate the breach. We may delete your account at any time and without notice if you breach this agreement or any laws, rules, or regulations. You may also terminate this agreement by deleting your account with us.

User responsibilities 

  • You warrant and represent that you have the capacity to contract and offer or buy the services on the Website.
  • You shall use the Website responsibly and per applicable laws, rules regulations and guidelines e.g. not to use the Website for illegal activities, infringe on another party’s use of the Website, tamper or attempt to tamper with the website security features, infringe on third party rights such as intellectual property rights or unauthorized use of an account.
  • You shall be responsible for the use and security of your account.
  • You shall indemnify us for any loss resulting from your use of the Website.
  • The Freelancer shall treat all information by the Client as confidential information and shall not reveal or use it for any other purpose other than that provided in this agreement without the Client’s written consent.

Liability 

  • You shall hold us harmless for any loss suffered from the use of the Website. The services are offered “as is.” To the fullest extent permissible by relevant laws, we disclaim any explicit and implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. Suppose we are held liable to you in any way; our total liability will not exceed the amount paid by you under this agreement.
  • Any manner of communication on the platform constitutes general information and does not give professional, legal, or financial advice to anyone or assume fiduciary obligations to them.

Ownership 

  • Unless otherwise stated, all work delivered through the Website shall belong to the Client after successfully making payments to the Freelancer.
  • All ideas, concepts, discoveries, technologies, patents, copyrights, or trademarks (intellectual property) that belong to us are our sole property.
  • We may use any materials for free on the Website to satisfy our business needs, such as advertising purposes.

Website use

  • A Freelancer shall pay prior to an order being created. Orders shall be given unique identifiers, and the Freelancer shall be contacted once an order is made. Amendments or cancellations by Clients for orders shall be made within ______days of making the order. 
  • You will be charged automatically for any subscriptions. To cancel subscriptions, please make the cancellation _____days before the next order.  If you fail to make the cancellation within the specified time, the order will be deemed to have been accepted and shall attract payment.
  • All payments and communication between Users shall be made through the Website. All payments shall be made to the Freelancer subject to the Client’s approval of the work done. We shall deduct _________% on all payments made on the website. Where a product needs to be shipped, please note that shipping shall be the Freelancer’s duty, for which we shall not be held liable. The Client should provide the necessary shipping address and costs to the Freelancer. There shall be no refunds once payment has been made except at the Company’s discretion. Please see our payment terms for more information.
  • A Freelancer will be rated based on their service delivery e.g., punctuality, originality, and quality of their work, which will affect their use of the Website in terms of amenities offered to them or continued access to the Website. You are required to give genuine feedback. Reviews shall be done within ____days of making an order, while cancellation of orders shall be made within __________days of making an order. If you fail to make the cancellation within the specified time, the order will be deemed to have been accepted and shall attract payment. Once an order is canceled, you are not allowed to use it.
  • Users are encouraged to use fair and diplomatic means to solve disputes; we are, however, available to offer solutions to any dispute. 

General terms 

  • We may assign or transfer this agreement without your permission, but you may not assign or transfer this agreement without our permission.
  • The rights and remedies in this agreement are not exclusive to those provided by law.
  • Our failure to enforce any of the terms or conditions of this agreement shall not be a waiver of our right to enforce this agreement.
  • The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
  • If we do not perform our responsibilities under this agreement due to events beyond our control (such as force majeure or accidents), it shall not mean a breach of this agreement.
  • This agreement supersedes all prior oral or written agreements or understandings between us concerning the subject matter of this agreement.

Modifications to the Terms and Conditions

We retain the right to modify these terms at any moment without prior notice. As a result, you must stay informed about any changes because they will bind you if you continue to use the Website.

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