Terms and Conditions: User AgreementThis Terms and Conditions was last Updated May, 2020.
Welcome to Phase Freelance.
This User Agreement describes the terms and conditions which you accept by using our Website or our Services which is www.phasefreelance.com (“Site”) provided by Phase Technology Limited and its subsidiaries are collectively referred hereto as “Phase Freelance” “we” or “us”.
The following are definitions of terms within the terms:
Account” means the account associated with your email address.
“Buyer” means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.
“Contest” means a contest that is promoted by a Buyer and in respect of which a Seller can submit one or more entries via the Website.
“Contest Brief” means the document setting out the scope of a Contest, including but not limited to items such as a design brief.
“Contest Handover”, in respect of a Contest, means the agreement between the Buyer and one or more winning Seller(s) under which each Seller will transfer to the Buyer ownership of the winning entry or entries.
“Dispute Resolution Process” means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
“Entrant” means a Seller who has entered a Contest.
“Phase Freelance Verified” Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.
“Inactive Account” means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.
“Freelance Manager” is a person who works for Phase Freelance and is responsible for the management of individual members and the relationships with customers
“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.
“KYC” means Know Your Customer
“Local Job” or “Local Jobs” means a service we provide to match a Buyer with a Seller in relation to the provision of location specific services.
“Milestone Payment” means a payment 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” of these terms and conditions.
“Project” or “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. A User may be both a Buyer and a Seller under this agreement.
“Seller Services” means all services provided by a Seller.
“Phase Freelance Services” means all services provided by us to you.
“User”, “you” or “your” means an individual who visits or uses the Website, including via the API.
“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; (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; and (5) any other material incorporated by reference from time to time.
“Website” means the Websites operated by Phase Freelance and available at: phasefreelance.com and any of its regional or other domains or properties, and any related Phase Freelance service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.
By accessing the Website, you agree to the following terms with Phase Freelance.
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
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. We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties.
We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.
Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.
You will not use the Website if you:
- are not able to form legally binding contracts;
- are under the age of 16;
- a person barred from receiving and rendering services under the laws of Australia or other applicable jurisdiction;
- are suspended from using the Website; or
- do not hold a valid email address.
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
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 all actions taken by the account, without limitation.
Users may provide a business name or a company name, which is 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.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
4. Payment Administration Agent
You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf.
During the verification process as well, payment can be made to users account using an account managers/ freelance manager. In the process as well, users can send money in return to complete and validate accounts.
If your payment is made through an Ingenico Group (Global Collect) gateway in GBP, your acquiring bank will be Allied Irish Banks p.l.c. and merchant of record will be Phase Freelance Outsourcing UK Limited as Payment Administration Agent under this agreement.
Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent’s negligence and/or acts beyond the authority given by Phase Freelance.
5. Account For Funds Transacting
Phase Freelance reserves the right to require submission of further information from any party applying to make use of this promotion, for investigating fraud and for risk management and related purposes, in particular to request evidence of bona fide work being done in relation to any Project or Contest funded with the site credit.
With that in place, users (freelancers) should have a personal bank account that would be used to receive funds. This account will be use for verification of identity.
6. Fees and Services
We do not charge any fee to users for using the website, however, if a user is to have access to the full functionality of the website, such individual should be verified under the Know Your Customer (KYC) protocol, which is the industry’s standard for companies.
Addition to the above, as said, there is no fee or charge for using the website, but there is a 5% charge on payment from employer to freelancer. For example, a payment of $1000 to a freelancer through the market place will mean that there would be a charge of $50.
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. Unless expressly authorized by Phase Freelance or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
8. Communication With Other Users
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. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.
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.
Phase Freelance 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
9. Identity / Know Your Customer
Phase Freelance “KYC” program is a means to provide a trusted platform and market place. In order to proceed with the KYC registration, contacting a designated freelance manager is to be done.
Valid Identity helps reduce spam and ensures users are able to have a trusted platform. You agree to the following to get verified;
After a successful sign up, users who intend to verify their account within the first 24 hours are entitled to receive a bonus of $100. See section 12 to know more. In the process of verification, a user who intends on proceeding is to open an online bank account that would be used for receiving funds. After successful opening of an online bank account with any of our partners, (Santander, BMO Harris or as specified by a designated Freelance Manager) a user is to begin the verification process. In the verification process, a user will fill a form that would be validated through APIs. These details should contain the following;
- Account Number
- Email Address (Note that these details are filled through industry standard security measure, SSL)
The reason for this is to reduce risk and also validate the existence of a person. A particular amount of money will be sent to the user which is expected to be refunded back immediately, this instantly activates the account with the API so as to begin receiving funds instantly when requested by the user. Please note, the account doesn’t need deposit by the user, except if intended by the user, we would never ask you to deposit money into the account, this account is with the aim of receiving funds from Phase Freelance. In the event a user refuses to refund full or part of the money sent, such user will be subject to legal processing and arrest as stated in section 11. We would be forced to use information provided to get such person brought to justice.
You authorize 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 close, suspend, or limit access to your Account, the Website and/or Phase Freelance Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
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 Phase Freelance Verified, you may not be able to withdraw funds from your dashboard Account, and other restrictions may apply. Contact your Freelance Manager or submit a ticket to get your question answered.
10. Mode of Operations
You agree to follow the mode of operation below;
As a buyer;
After successful sign up, posting of projects or tasks commences. During the usage of the website, a Freelance Manager can be in touch with you on several occasions to help with processing. After posting a project or task to be completed, in the event a seller comes in contact with you and desires to perform in your project or task, you are to pay this prospective fund into your dashboard account which will be held as a security for payment, before this is done, you are to Contact your Freelance Managers. In the event that the seller successfully completes the project or task, funds will be released to the seller, this serves as a means of protecting and indemnifying the seller. In the event the task was fraudulently performed, or the project wasn’t performed appropriately, the funds can remain in the buyers (your) dashboard account or withdrawn.
As a seller;
After a successful sign up as a seller, you begin to search for jobs or tasks to be performed. A Freelance Manager will be in contact with you from time to time. In the event you have found a task or project to engage in, you are to come in contact with your Freelance Manager. After successful participation in the task or completion of the project, you would get paid by Phase Freelance. Before this is to happen, you must be a verified user. As stated in section 11, funds are received directly to bank.
You may have funds in your Account if you have prepaid for fees or charges as a buyer. If you are a Seller, you may have 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 a referral program or an affiliate program.
RECIPIENT OF FUNDS
Sellers are to create a separate bank account which will serve as a means of receiving funds from Phase Freelance. This bank account will be opened and validated on the day of verification. This is a measure for Identification of users, and policies relating to KYC- Know Your Customer. This bank account will be used for receiving funds through our automated API system. This account will be controlled completely by the user, however, the APIs will be configured to send money to the bank account when requested for. The owner of the bank account might choose to send funds to the bank account of he or she so wishes. However, further information of the bank account will be needed by the API to validate payments. Rest assured information are protected by industry standard mode of security.
Funds in your dashboard account are held by us in our operating accounts held with financial institutions. Funds in your dashboard Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User’s Accounts.
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.
We reserve the right to collect any funds owed to us by any other legal means. Which could mean the use of legal authorities like the FBI- Federal Bureau of Investigation, and other authorities in respective countries.
You acknowledge and agree that:
- we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
- fund you request for will be sent to your verified bank account
- to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
- we are not acting as a trustee or fiduciary with respect to such funds or payments;
- funds may only be loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Seller Services;
- any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;
- we may commingle your funds with funds of other Users and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.
There are offers within Phase Freelance used to motivate and provide incentive to users especially freelancers.
You agree to the following offer conditions;
- $100 incentive on verification of identity within 24 hours of registration
- Entries into contest and participation
- Referral bonuses; being paid for referral bonuses after referee has successfully verified identity.
- Completing tasks offered by Phase Freelance
2. Applicable Law; Disputes.
If a dispute arises between you and Freelancer, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at email@example.com.
For any claim, Phase Freelance may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Phase Freelance elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Phase Freelance will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You will indemnify us against any demand, including legal fees, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and Freelancer Services.
14. No Warranty as to Content
The Website is dynamic. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.
Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
- the Website or any Seller Services or Freelancer Services;
- the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Seller Services or Freelancer Services;
- whether the Website or Seller Services or Phase Freelance Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
- whether defects in the Website will be corrected;
- whether the Website, the Seller Services or the Phase Freelance Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Seller Services or Freelancer Services;
- any third party agreements or any guarantee of business gained by you through the Website, Seller Services or Phase Freelance Services or us; or
- the Website, Seller Services or Phase Freelance Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
Phase Technology Limited is located at Avebury House, 6 St Peter Street, Winchester, Hants, SO23 8BN, UK.
This Agreement contains the entire understanding and agreement between you and Phase Freelance. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.
If you have any questions about this Terms and Conditions/User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our contact us page or emailing us at firstname.lastname@example.org.