User Terms & Conditions Agreement: Hopeland Freelance a.k.a Hopelancer
This document (User Terms & Conditions) Agreement states and describes the terms and conditions on which you are allowed to use our Website and our Services. It is recommended that you read fully, understand, and accept the terms here before registering and using the site.
A) General Overview
1) You hereby agree that by accessing and /or using this Website means you agree to the terms stated here. Terms may be amended from time to time without prior notice.
2) This Website is an online forum where Clients and Freelancers post and do freelance jobs. Clients and Freelancers must register and create an Account in order to post or bid for jobs. The Website enables Users to work together online to complete and pay for Projects.
B) Who can Use the Website?
1) Those who cannot form a legal binding contract are not allowed to use the Website.
2) Those under the age of 16 are not allowed to use the Website except under the supervision of an adult who will take responsibility for the minor.
3) If you have done something wrong as regard to the terms and is suspended from the website, you are not allowed to continue using the Website even under another name.
4) You can register a business but the individual registering the business will be responsible for any action and not the business.
C) When Using Hopeland Freelance
1) You will not fail to make payment for services delivered to you, except that the Freelancer unilaterally changes the service provided as was agreed upon in the contract or another violation to be determined by the leadership of Hopelancer.
2) You should not in any way post inappropriate content on the Website.
3) While dealing with third parties you meet on the Website, you do not have to infringe on their rights or even the conditions stated here.
4) When you (Clients & Freelancers) have agreed on a contract both sides should keep to the terms of the agreement.
5) You do not have to do anything that may undermine the credibility of the Website be it misrepresentation of yourself, feedback, or anything that is misleading.
6) You cannot transfer your membership (Username and/ or Account) to someone else.
7) You cannot distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
8) You cannot distribute viruses or any other dangerous technologies that may harm Hopelancer, the Website, or the interests of other users (including but not limited to their Intellectual Property Rights, privacy and publicity rights). It is also unlawful threatening, being abusive, defamatory, invasion of privacy, vulgar, obscene, using profane language which may harass or cause distress or inconvenience to, or incite hatred of, any person.
9) You cannot copy other users information without their permission (this include but not limited to bidding documents, Email addresses, Username etc).
D) Intellectual Property Rights infringement
It is unacceptable to infringe on another Hopelancer user’s intellectual property right. This could be in the form of copying someone’s bid or any other related issue. If you think someone has infringed on your intellectual property right, do not hesitate to contact the leadership of Hopelancer.
E) Taxes and Fees
Different countries have different taxes and you are responsible to take care of them following the respective tax laws for your country. No doubt, Hopelancer will provide you with invoices for all payments made or all receipts collected so that you can use for tax purposes.
F) Service and Membership Fees
There is a monthly membership fees for Freelancers. The fees are different depending on your membership category. These fees might change from time to time but you will be duly informed before any change is made. Clients who post Jobs do not have to pay a fee. Also, there is a commission to be paid by Freelancers when a client has paid for a job.
G) Advertisement & Promotion.
As a way of promoting our company, you agree that we can advertise or show our company information (Logo, name, or others) on projects that you complete through us. If you do not want this to happen then you have to actually tell us in writing.
Also you agree not to promote other websites or companies through our website. If another website or information about another company has to be posted on our website it should have something to do with your bid for a project.
H) Information Provided to Hopelancer
Once you furnish information of any content to us we can use it as we deem fit. It can be publicized and we do not have any obligation to preserve the information given to us. The above does not include personal or private information. Any information provided to Hopelancer should not in any way break the law.
Be reminded that this company is a global company and information given to us can be viewed by other people even out of your home country. If you do not agree with this, then you may not be a user of the Website.
I) Feedback and Reviews.
You are encouraged to give honest and professional feedback after working with the Freelancer or the Client. This feedback will be made public for prospective Clients or Freelancers to see. It is in your own best interest to do your work professionally and honestly so that your feedback will be fine. Remember this what future Clients and Freelancers will use to make up their mind to work with you.
Hopelancer cannot guarantee that the feedbacks will always be a 100% reflection of the transaction between the Freelancers and the Clients but maybe 98%. For integrity purpose we want you to be completely honest and transparent about the Feedback and review process. If the leadership of the company suspects dishonesty, your account may be suspended or cancelled.
J) Communicating with other Users
Communication between Hopelancer users should be on the Website. Do not try to carry information out of the Website especially for the wrong reason as to be determined by Hopelancer.
It is very unacceptable to see a project on Hopelancer and then try to solicit doing it out of the Hopelancer fold. This will lead to an immediate cancellation of membership.
You agree that Hopelancer has the right to go through the communication between you and other users on the Website.
K) Verifying Your Identity
In an effort to be efficient and avoid scams, you agree that Hopelancer can ask for additional documents to ascertain your identity. If we see a discrepancy with information provided to us or for any other reason we might ask you for more information. Failure to provide this information may lead to suspension or cancellation of your membership.
L) Users’ Contract
The Client will post a job and invite Freelancers or they will be allowed to bid for it. Once the Client goes through the profiles of those who bid for the job and decide to awarded the project to a freelancer, upon acceptance of the award by the Freelancer, a contract has been entered into and is binding to both parties. Both parties have to keep up to the terms of the agreement.
You hereby agree to keeping up to your own part of the contract once it has been entered into as shown above. Failure to adhere to the terms of the contract may lead to but not limited to suspension or cancellation of membership. Other legal actions might also be applied.
M) Funds in Your Account
You may decide to have funds in your account especially for the Freelancers to easily pay your monthly membership fees. For Clients, before Freelancers start working on your project, you are expected to deposit an escrow in your account as an indication that you will pay the freelancer as the work goes on. The escrow will not be released to the Freelancer except you tell Hopelancer to do so after you are satisfied with the milestone completed. In the same way you will continue funding the respective milestones as the work continues but the funds will only be released to the freelancer on your request after you are satisfied with the respective milestones completed.
Freelancers are requested to open a PayPal account for easy transactions. The account is free depending on which category you choose. There is no monthly fee for the account that you need to do transactions with Hopelancer. This will facilitate easy payment from you to Hopelancer and from Hopelancer to you when you have completed a project.
N) Fraud, Scam, & Security
Hopelancer is a company that will not compromise integrity for anything. In this light, we take fraud or other illegal issues seriously. You hereby agree not to indulge in any fraudulent activity while dealing with us. These include but not limited to unlawfully using someone else’s credit card or bank information, impersonating someone, amongst others. If you are found doing anything fraudulent, your account might be suspended, cancelled or other legal charges might be applied against you.
If you are in a dispute in regards to monetary issues, a hold might be applied on funds due to you until the issue is resolved. At the end, the part or the complete funds may be released to you or to the individual with the complaint against you if we find out that he / she has a valid dispute against you.
You hereby agree to immediately notify Hopelancer if you are aware of any unauthorized access or any other security breach to the Website. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
O) Refunds
There are no refunds for monthly membership fees or for extra “hopes” that have been paid. Once the payment is made, it is final. Ideally, we will not ask for the freelancers to refund money paid to them by the Clients. We strongly encourage the Clients to diligently go through all milestones completed and are satisfied before releasing the funds to the freelancers.
In some rare cases where we are able to determine that the freelancer willfully deceived the Client, we can ask for a refund from the Freelancer. You also hereby agree that you will pay back funds that were mistakenly released to you.
P) Refusal of Service
Your account may be closed, suspended for a reason or for no reason. Most reasons why your account might be suspended or closed include but not limited to:
– if we find out that you have breached, or are acting in breach of, this User Agreement;
– if we determine that you under-bid on any Project in an attempt to renegotiate the actual price privately, avoiding fees;
– if we find out that you have breached legal liabilities, including infringing on someone else’s Intellectual Property Rights;
– if we find out that you have engaged, or are engaging, in fraudulent, or illegal activities;
– if you do not respond to account verification requests;
If your Account is closed due to your breach of this User Agreement, you may also become liable to pay certain fees. If your Account is closed for any reason, you might be entitled to receive any payment due from Hopelancer. If your account is closed, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
Q) Milestone Payment & Disputes
In addition, to the escrow that might be deposited by the Client before the beginning of the project, the process here works through milestones. The Freelancer and the Client will agree and split the Project into a set of milestones and the Client will fund and pay the respective milestones as there are satisfactorily completed.
– When the Freelancer completes a milestone the Client will need to pay for that milestone before the next one is started.
– Client should only pay for a milestone once they are satisfied with the work that done.
– If there is a dispute between a Freelancer and a Client regarding a project, we encourage both of you to try to resolve it between yourselves first.
– Only after the concerned parties are unable to resolve a dispute should it be reported to Hopelancer. Hopelancer will do everything possible to settle the dispute amicably.
– At the same time you agree to indemnify and (to the maximum extent permitted by law) hold Hopelancer harmless against any damages or liability you may suffer as a result of trying to settle the dispute between the concerned parties.
– Be mindful of the fact that, Hopelancer is not a judicial arbitrator; we can only use rational thinking to resolve disagreements. We will do our best to resolve all this but as stated above, you agree to indemnify Hopelancer against any damages or liability from a dispute. To table a dispute to the leadership of Hopelancer, send an Email to Report@Hopelancer.com
– If you have a dispute with Hopelancer, you agree to try to resolve it with our leadership first of all and amicably before bringing in a third party.
R) Currencies
The commonly used currency is the US dollar. This does not exclude the use of other foreign currencies. In this case an exchange rate fee might be applied by PayPal which handles our accounts and the Users will be responsible for the exchange rate charges.
S) Interferences
You hereby agree that you will not use unconventional devices to be determined by Hopelancer to access our website. These include but not limited to automated devices, robots, and others. You also agree that you will not unduly load our website with unnecessary information.
T) Closing Your Account
You can close your account with Hopelancer any time that you wish. When closing your account, it should be in good standing where you have not been asked to make a refund. In that case you have to remit the refund before closing the account.
When closing your account within a billing cycle, Hopelancer WILL NOT refund your monthly membership fees for that month or the amount paid for extra hopes.
U) Indemnity
You hereby agree not to indemnify Hopelancer or our agents against any claim, including but not limited to legal fees and costs made against us by any third party, or arising out of your breach of this Agreement, or your infringement of any law. In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.
V) No Assurance of Purported User’s Identity
It is difficult to fully ascertain a user’s identity on the Internet. In this light, we cannot fully confirm who individuals say they are. Information maybe provided about a User, such as rating on work performance, geographical location, and others. However, such information is based solely on data that the Users submits and we provide such information solely for the convenience of Users and the provision of such information is not an endorsement or recommendation by us.
W) Limitation Of Liability
In no situation are we or our partners liable but not limited to:
– any indirect, incidental or consequential damages that may be incurred by you;
– any loss of income, business or profits that may be incurred by you;
– any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Hopelancer.
X) Class Action
You hereby agree that you and Hopelancer will allow a claim against the other only on an individual and not on class action basis in any purported class or representative action.
Y) No Waiver
If for any reason we do not take an immediate action as a result of an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
Z) Others
– You hereby agree to receive notices and information from Hopelancer in respect of the company and its activities by electronic communication. You may withdraw this consent at any time, but if you do we may choose to suspend or close your Account.
– The information here is not exhaustive of the likely things that might happen as you use the Website and deal with other users. In the event that something is happening that is not written in this agreement Hopelancer reserves the right to make a decision in which we consider is fair.
– Also Hopelancer reserves the right to modify something written on this agreement if we deem it right to do so based on the circumstances.
