1.USER’S ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS

Welcome to Freelancebit.com. Freelancebit.com is a marketplace platform for services performed by its users.

The following terms and conditions (these "Terms of Service"), govern your access to and use of the Freelancebit website, including any content, functionality, and services offered on or through www.Freelancebit.com.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, creating an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you digitally accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 16 years of age or older. If you are under 13 you may not use this Site or the Freelancebit services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support can be performed by emailing us.

 

1.2 Key Terms

Gigs are services offered on Freelancebit.

Projects allow for clients to post single or multiple freelancer openings for any type of task on Freelancebit.

Freelancers are users who perform and offer services through Gigs or users who perform projects on Freelancebit.

Clients are users who purchase Gigs or users who offer projects on Freelancebit.

Gig Page is where the freelancer can describe their Gig and the Gig’s terms, and the client can purchase the Gig and create an order.

Gig Packages allow Freelancers to offer services in different formats and prices. Packages can include upgrades, which lets Freelancers price their service for a basic price of over $5.‚Äč

Gig Extras are additional services offered on top of the freelancer’s Gig for an additional price defined by the freelancer.

Disputes are disagreements experienced during an order between a client and freelancer on Freelancebit.

Orders are the formal agreement between a client and freelancer or vice-versa after a purchase was made from the freelancer’s Gig Page or client’s Project Page.

 

 

2. Overview

This is a simple overview of the main terms:

  • Only registered users may buy and sell on Freelancebit. Registration is free.Gigs on Freelancebit may be offered at a base starting
  • price of $5. Some Gigs are offered at a base price of more than $5 as determined by the freelancer.
  • Orders are purchased through the Order button found on a freelancer’s Gig page.
  • Freelancers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Freelancers’ reputation and status.
  • Users may not offer or accept payments using any method other than placing an order through Freelancebit.com.
  • Clients are granted all rights for the delivered work, unless otherwise specified by the freelancer on their Gig page. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
  • Freelancebit retains the right to use all published delivered works for Freelancebit marketing and promotion purposes.

 

3.Scope

By accessing the Website, you agree to the following terms with Freelancebit.

By accepting this Terms of Service as you access our Website, you agree that this Terms of Service will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services.

We may amend this Terms of Service and any linked information from time to time by posting amended terms on the Website, without notice to you.

 

4.Eligibility

You will not use the Website if you:

  1. are not able to form legally binding contracts;
  2. are under the legal working age required to work with your occupation (check your local laws);
  3. a person barred from receiving and rendering services under the laws of Denmark or other applicable jurisdiction;
  4. are suspended from using the Website; or
  5. do not hold a valid email address.

5. Using Freelancebit

While using the Website, you will not attempt to or otherwise do any of the following:

1. post content or items in inappropriate categories or areas on our Websites and services;

2. infringe any laws, third party rights or our policies;

  1. fail to deliver payment for services delivered to you;

  2. fail to deliver Services purchased from you;

  3. circumvent or manipulate the billing process;

  4. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);

  5. outsource work for your gigs unless explicitly permitted by your client;

  6. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);

  7. transfer your Freelancebit account (including feedback) and Username to another party without our consent;

  8. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

  9. distribute viruses or any other technologies that may harm Freelancebit, the Website, or the interests or property of Freelancebit’s users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

  10. download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;

  11. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;

  12. copy, modify or distribute rights or content from the Website or Freelancebit's copyrights and trademarks; or

  13. harvest or otherwise collect information about Users, including email addresses, without their consent.

  14. use Freelancebit to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).

6. Freelancers

6.1 Basics

  • Freelancers create Gigs on Freelancebit to allow Clients to purchase their services.

  • Freelancebit accredits Freelancers once an order is completed.  See our "Orders" section below for a definition of a completed order.

  • If the order is canceled (for any reason), the funds paid will be returned to the client.

  • Freelancers may not promote their Gigs or any Freelancebit content via the Google Ads platform.

  • The freelancer's rating is calculated based on the order reviews posted by Clients. In certain cases, exceedingly low ratings may lead to the suspension of the freelancer’s account.

  • Freelancers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Freelancers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Gig price shown on the Gig page is inclusive of all such taxes and charges that may apply to the Freelancers.

  • Freelancers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

7. Gigs

  • Gigs created on Freelancebit are User Generated Content. Refer to the “User Generated Content” for further information.

  • Gigs and/or users may be removed by Freelancebit from the Site for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:

  • Illegal or Fraudulent services

  • Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found in a section below.

  • Adult oriented services, Pornographic, Inappropriate/Obscene

  • Intentional copies of Gigs

  • Spam, nonsense, or violent or deceptive Gigs

  • Gigs misleading to Clients or others

  • Reselling of regulated goods

  • Offering to prepare academic works on behalf of Clients

  • Services that extend beyond 30 days of service duration

  • Exceedingly low-quality Gigs

  • Promoting Freelancebit and/or Freelancebit Gigs through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

  • Gigs that are removed for violations mentioned above, may result in the suspension of the freelancer’s account.

  • Gigs that are removed for violations are not eligible to be restored or edited.

  • Gigs may be removed from our Search feature due to poor performance and/or user misconduct.

  • Gigs may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates Freelancebit’s Terms of Service, will be removed.

  • Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.

  • Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.

7.1 Gig Extras

  • Gig Extras are additional services offered on top of the freelancer’s Gig for an additional price defined by the freelancer.

  • Gig Extras may be removed for violations of our Terms of Service. For specific terms, please see the Gigs section above for a list of services that violate our Terms of Service. Gigs are subject to be removed due to violations found in Gig Extras.

  • Services offered through Gig Extras must be related to the base service and part of the deliverables on the order.

  • Gig Extras may cover different categories of services that are components to a higher quality delivered service.

  • Freelancers have the option to extend the duration of an order for each Gig Extra that is added to the order. This is to cover the time needed to complete the extra service.

8. Shipping Physical Deliverables

Some of the services on Freelancebit are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, Freelancers may decide to add shipping charges. Freelancers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

  • Gigs that include shipping costs must have physical deliverables sent to Clients.

  • Shipping costs added to a Gig only pertains to the cost Freelancers require to ship physical items to Clients.

  • Important: Clients who purchase Gigs that require physical delivery, will be asked to provide a shipping address.

  • Freelancers are responsible for all shipping arrangements once the client provides the shipping address.

  • Freelancebit does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.

  • A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.

9. Clients

9.1 Basics

  • You may not offer direct payments to Freelancers using payment systems outside of the Freelancebit Order system.

  • Freelancebit retains the right to use all publicly published delivered works for Freelancebit marketing and promotional purposes.

10. Purchasing

  • A client can use a credit card or PayPal to pay with.

  • You may not offer Freelancers to pay, or make payment using any method other than through the Freelancebit.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.

  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with Safe Pay is collected by either Freelancebit or Freelancebit’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing Safe Pay payments. Freelancebit is not exposed to the payment information provided to Payment Services Providers.

  • By using any payment method and/or providing payment details for making purchases on Freelancebit, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Freelancebit; and (d) such actions do not violate any applicable law.

10.1 Local currencies

  • Clients may pay on Freelancebit in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the Order page. All currency exchange services in connection with payments in local currencies are performed by Freelancebit’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in Euro (€) even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the Order.

  • Clients should note that the Gigs’ pricing is derived always from their original Euro (€) price and, therefore, non-Euro (€) currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees. Clients always have the option to pay in Euro (€)  by changing their selected displayed currency.

  • If you paid for an Order in a currency other than Euro (€)  and your Order was later canceled for any reason, the amount returned to you would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same Euro (€) value.

10.2 Taxes

  • Clients may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the Gig price shown on the Gig page.

  • Clients agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

11. Orders

11.1 Basics

  • Once payment is confirmed, your order will be created and given a unique Freelancebit order number (#).

  • The freelancer can deliver completed and/or proof of work using the client’s preference according to the service that was purchased and advertised on their Gig.

  • Delivering work may not be abused by Freelancers to circumvent Order guidelines described in this Terms of Service. Delivering work when an order was not fulfilled may result in a cancellation of that order after review, affect the freelancer’s rating and result in a warning to freelancer. If you need to deliver unfinished work for revision or the client’s thoughts do not mark the work as finished.

  • An order is marked as Complete after it is marked as Delivered and then accepted by a client. An order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the order was marked as Delivered.

  • We encourage our Clients and Freelancers to try and settle conflicts amongst themselves. If a conflict can’t be worked out amongst themselves, they can contact Customer Support.

11.2 Handling Orders

  • When a client orders a Gig, the freelancer is notified by email.

  • Freelancers are required to meet the delivery time they specified when creating their Gigs. Failing to do so will allow the client to cancel the order when an order is marked as late and may harm the freelancer's status.

  • Freelancers must send completed files and/or proof of work using the client’s preference to mark the order as Delivered.

  • Users are responsible for scanning all transferred files for viruses and malware. Freelancebit will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

  • Clients may use the "Request Revisions" feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the freelancer's description on their Gig page or they do not match the requirements sent to the freelancer at the beginning of the order process.

11.3 Reviews

  • Feedback reviews provided by Clients while completing an order are an essential part of Freelancebit's rating system. Reviews demonstrate the client's overall experience with the Freelancers and their service. Clients are encouraged to communicate to the freelancer any concerns experienced during their active order in regards to the service provided by the freelancer.

  • Leaving a client's feedback is a basic prerogative of a client. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.

  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Freelancebit platform from users within our Community. Purchases arranged, determined to artificially enhance freelancer ratings, or to abuse the Freelancebit platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.

  • Feedback comments given by Clients are publicly displayed on a freelancer’s Gig page.

  • Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited.

  • Freelancers may not solicit the removal of feedback reviews from their Clients through mutual cancellations.

12. Disputes and Cancellations

We encourage our Clients and Freelancers to try and settle conflicts amongst themselves. If a conflict can’t be worked out amongst themselves, they can contact Customer Support.

12.1 Basics

  • Order cancellations can be performed on Freelancebit, when eligible, by Customer Support per order.

  • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.

  • Freelancebit, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

  • All transfer and assignment of intellectual property to the client shall be subject to full payment for the Gig and the delivery may not be used if payment is canceled for any reason.

  • If an order is canceled (for any reason), the funds paid will be returned to the client.

  • Revisions to deliveries can be performed by Freelancers based on the freelancer’s Gig and customer care. Freelancers may determine the number of revisions offered to Clients, including no revisions.

  • Requests for revisions can be performed through the Order page while the order is marked as Delivered.

  • Requesting to gain more services from Freelancers beyond the agreed requirements by using the Request Revisions button is not allowed.

12.2 Order Cancellations

  • Freelancebit encourages Clients and Freelancers to resolve service disputes mutually using Customer Support.

  • Eligibility for requests to Freelancebit to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Freelancebit delivery system. See below for Order specific eligibility.

  • Completed orders (or, where applicable, completed milestones) may be canceled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially canceled (i.e. we can only cancel the entire order when it is justified).

  • In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the canceled order will be returned to the client and will be deducted from the freelancer or, if there are no sufficient amounts in the freelancer account, from future revenues of such freelancer.

  • Orders are not eligible to be canceled based on the quality of service/materials delivered by the freelancer if the service was rendered as described in the Gig page. Clients may rate their experience with the freelancer on the order page, including the overall level of service quality received.

  • Customer Support will not take any action against Orders where the Clients failed to inform their freelancer of issues related to the freelancer’s service and will allow Freelancers to provide a resolution first. This does not include non-permitted usage of Freelancebit.

  • Any non-permitted usage of Freelancebit encountered during an Order, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Freelancebit’s Terms of Service.

  • Freelancebit Customer Support will cancel orders based on, but not limited to, the following reasons:

Active orders (after the client submits their requirements and before the freelancer delivers on Freelancebit)

  • The freelancer is late and unresponsive for more than 24 hours while the order is marked as Late.

  • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.

  • Users supplied or included copyright/trademark infringing materials as part of the client requirements or the freelancer’s delivery.

  • The user is no longer an active Freelancebit user due to Terms of Service violations or closure of their account.

Delivered Orders (after the freelancer clicks Deliver Now and before the order is marked as complete)

  • The freelancer uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Clients. Note: Multiple reported offenses will result in permanent suspension of your account.

  • The freelancer delivers no files and/or proof of work related to the agreed-upon order requirements. Note: The subjectivity of the materials in question will be reviewed by our Customer Support team.

  • The freelancer requests additional payments, on or off the Freelancebit platform, by withholding the final delivery of services directly related to the agreed requirements.

  • The freelancer is withholding the final delivery of services for improved ratings.

  • Clients who abuse the Request Revisions button to gain more services from Freelancers beyond the agreed requirements.

  • Clients who threaten to leave a damaging review to gain more services from the freelancer not related to the agreed requirements.

Completed Orders (after the order is marked as complete and before the 14 day limitation)

  • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.

  • Clients who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use is found on the freelancer’s Gig page and cannot be retroactively included once the order is completed for over 14 days.

  • Freelancebit Customer Support will review cases of Order delivery manipulation

12.3 Refunds

  • Freelancebit automatically refunds payments made for canceled orders back to your payment provider.

13 User Conduct and Protection

13.1 Basics

  • To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Freelancebit in order to circumvent or abuse the Freelancebit platform is not permitted.

  • Any necessary exchange of personal information required to continue a service may be exchanged within the order page.

  • Freelancebit does not provide any guarantee of the level of service offered to Clients.

  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.

  • Freelancebit is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

  • Users may not submit proposals or solicit parties introduced through Freelancebit to contract, engage with, or pay outside of Freelancebit.’

13.2 Orders

  • Users with the intention to defame competing Freelancers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Customer Support team.

  • Users are to refrain from spamming or soliciting previous Clients or Freelancers to pursue removing/modifying reviews or canceling orders.

  • Freelancebit reviews cases of payment provider chargebacks and disputes on behalf of Freelancers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the freelancer’s favor. If the chargeback case allows, Freelancebit (or one of Freelancebit’s Payment Services Providers) will return parts or full revenue back to Freelancers, otherwise, the chargeback amount will be borne by the freelancer.

13.3 Gigs

  • Users may report Gigs to Customer Support that may be in violation of Freelancebit’s Terms of Service based on the reported Gig’s replicated similarity to pre-existing services.

  • Freelancers warrant that any content included in their Gigs shall be original work conceived by the Freelancers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Gigs, Freelancers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Gigs.

  • Freelancebit will respond to clear and complete notices of alleged copyright or trademark infringement.

13.4 Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Customer Support team. To protect individual privacy, the results of the investigation are not shared.

13.5 Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Customer Support team. A warning will be sent to the user's email address. Warnings do not limit account activity, but can lead to your account losing freelancer statuses or becoming permanently disabled based on the severity of the violation.

15.5.1 Non-Permitted Usage

Adult Services & Pornography - Freelancebit does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication related to Gigs & projects should be friendly, constructive, and professional. Freelancebit condemns bullying, harassment, and hate speech towards others.

Phishing and Spam - Freelancebit takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Gigs or orders.

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Freelancers further confirm that whatever information they receive from the client, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the client. Any users who engage and communicate off of Freelancebit will not be protected by our Terms of Service.

Authentic Freelancebit Profile - You may not create a false identity on Freelancebit, misrepresent your identity, create a Freelancebit profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Freelancebit reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims - Freelancebit will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud/Unlawful Use - You may not use Freelancebit for any unlawful purposes or to conduct illegal activities.

15.5.2 Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Freelancebit community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Freelancebit’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Freelancebit. This includes creating new multiple accounts to harass members through our ordering system.

Selling Accounts - You may not buy, sell or exchange Freelancebit accounts.

16. General Terms

  • Freelancebit reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.

  • Violation of Freelancebit's Terms of Service may get your account disabled permanently.

  • Users with disabled accounts will not be able to sell or buy on Freelancebit.

  • Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

  • Disputes should be handled by contacting Freelancebit Customer Support.

  • Freelancebit may make changes to its Terms of Service from time to time. When these changes are made, Freelancebit will make a new copy of the terms of service available on this page.

  • You understand and agree that if you use Freelancebit after the date on which the Terms of Service have changed, Freelancebit will treat your use as acceptance of the updated Terms of Service.

17. User Generated Content

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Freelancebit by our users (Clients and Freelancers) is User Generated Content. Freelancebit does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

 

Furthermore, Freelancebit is not responsible for the content, quality or the level of service provided by the Freelancers. We provide no warranty with respect to the Gigs, their delivery, and any communications between Clients and Freelancers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Gigs service offers.

 

By offering a service, the freelancer undertakes that they have sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Freelancebit. Freelancers advertising their Gig online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig and may lead to the suspension of freelancer's account.

18. Ownership

Ownership and limitations: Unless clearly stated otherwise on the freelancer's Gig page, when the work is delivered, and subject to payment, the client is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the freelancer, and the freelancer waives any and all moral rights therein. All transfer and assignment of intellectual property to client shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of client, and freelancer assigns all rights, title and interest in the delivered work. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.

19. Commercial Use License

By purchasing a “Commercial Use License” with your order, the freelancer grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Freelancebit’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the freelancer nor Freelancebit will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

20. Limitation on Liability

IN NO EVENT WILL FREELANCEBIT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, VOLUNTEERS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF FREELANCER AND FREELANCEBIT ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF FREELANCER.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.