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Rules governing the use of MacFreelancer By subscribing to MacFreelancer you are agreeing to the terms and conditions as set forth in this document. No person shall use this service without agreeing to these terms at registration. This document is a Legal Agreement between you and MacFreelancer and sets forth the provisions under which the Buyer may register and freely post projects, and Developer may register and use the web-site for the purpose of responding to solicitations for the acquisition of software solutions, services, and products.
Definitions
MacFreelancer IS A VENUE AND A FINDER MacFreelancer functions as a venue to connect buyers and service providers in a virtual marketplace. As a neutral facilitator, MacFreelancer is not directly involved in the actual transactions between users of the website. As a result, MacFreelancer has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, MacFreelancer cannot and does not confirm the identity of users. MacFreelancer also does not confirm nor verify the qualifications, background, or abilities of users. Therefore, we recommend that you be careful and exercise common sense and good judgment when dealing with any user on the website. We wish to make both the Buyer and Developer relationship an excellent experience. Buyers can freely post their projects at no charge. As a service, we provide the means for Buyers to pay Developers via PayPal directly, however both parties are free to exercise any method of payment method necessary to complete a transaction once the project is finished. The terms are strictly between Buyer and Developer. MacFreelancer is an awards based service. Once a Developer has been awarded a Project, we charge a small, $5.50 fee to accept them.
MacFreelancer is not in any way involved in fees negotiated between Buyer and Developer. Once the Developer has accepted a project, he/she can negotiate terms conducive to the participating parties. Award fees are handled at the time the Developer accepts any Project, unless the project is denied by Developer. MacFreelancer will charge a one time fee to the Developer's supplied credit card and you authorize us to charge such credit card for the appropriate fees and amounts stated. MacFreelancer reserves the right to increase award fees or to institute new fees at any time, upon reasonable notice posted in advance on this website. All payments will be made in US funds via PayPal or Credit Card. Buyers have the means to pay Developers directly via PayPal, however transactions are ultimately at Developers discression. In no way will MacFreelancer be involved in fee negotiation between Buyer and Developer. MacFreelancer does not collect taxes, duties, fees or other governmentally imposed excises, so Developer and Buyer agree to assume their respective responsibilities under applicable law. No hourly rate bids are allowed. No bids which are clearly too low for the project. Some Bids will be Sealed to protect the Buyer and also prevent Bid shuffling. No bidding is allowed with the intention of negotiating a higher price later. Use the message board to establish all aspects of the project before bidding. PROVIDING CONTACT INFORMATION PRIOR TO BID Developers are PROHIBITED from making ANY direct contact before award of a project. This includes all methods of communication, including phone, ICQ, AIM, MSN Messenger. ALWAYS use the Private Message Board (PMB) to contact Buyers. You are prohibited from using MacFreelancer as a method of recruiting buyers for future work outside of MacFreelancer. As this site is intended for commercial purposes only, offering free services, or redirecting a Buyer to a site other than MacFreelancer to fulfill their needs is prohibited. PROVIDING CONTACT INFORMATION AFTER BID IS AWARDED
MacFreelancer reserves the right to remove users who violate these terms. Any Developer who violates these terms will not be eligible for refund of payments held with their MacFreelancer subscription. Should either the Buyer or Developer fail to perform their obligation their account may be terminated by MacFreelancer. Developer shall be considered to have defaulted under the Agreement if any material misrepresentation or omission that was discovered. Subscription Fees are NOT refundable. In the case of either party, the failure by such party to observe or perform any material covenant or obligation under this Agreement shall constitute default. Developer may also be considered in default if they violate the site terms of service, or if their service to Buyers is poor, below average ratings and/or complaints. The failure of either party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party to thereafter enforce any such provision. Developer shall not assign or transfer this Agreement without MacFreelancer’s prior written consent, which shall not be unreasonably withheld. Any attempted assignment shall be null and void. This Agreement does not create a franchise, joint venture or partnership between the parties. Neither party hereunder is the agent, broker, partner, employee, or legal representative of the other for any purpose, except that MacFreelancer is the agent for Developer and Buyer in bringing the two, or more, parties together using the MacFreelancer website. Only at the Developers and Buyers option, MacFreelancer shall act as a PayPal fiduciary interface for the limited purpose of collecting and disbursing funds. MacFreelancer offers no Escrow Accounts, holds no funds, nor disburses funds. For all other purposes, the parties are independent contractors. In no event shall MacFreelancer be liable to Buyer's, Developer's, or any other person for exemplary, incidental, indirect, special or consequential damages of any kind, including without limitation the cost of cover, loss of profit, use, savings or revenue, or the claims of third parties, whether or not MacFreelancer has been advised of the possibility of such loss. The limitations in this section shall apply notwithstanding the failure of essential purpose of any limited remedy. Developer and Buyer shall indemnify, defend and hold MacFreelancer, its officers, directors, shareholders, employees, insurers, attorneys, successors, principalship and assigns harmless against any and all claims for cost, damage, expense (including attorneys’ fees) or liability arising out of or related to the acts or omissions of Buyer or Developer, their employees, representatives or agents. If any term of this Agreement is found to be illegal or unenforceable, the remaining portions of this Agreement shall remain in effect, provided that the parties agree to negotiate in good faith substitute enforceable terms. No copyright material can be posted on MacFreelancer. You are responsible for understanding copyright laws. Any complaints will result in an immediate suspension and after investigation may result in account termination. We will cooperate with any party who wishes to take legal action against copyright issues. This includes posting of reseller, pirated or third party items that are claimed to be original. Deliberately posting products/services that are deceitful to a postings requirements is ILLEGAL. ACCOUNT POSTING EBAY RESELLER ITEMS AND GENERAL RESELLER ITEMS FOR ANY OTHER POSTING WILL BE TERMINATED IMMEDIATLY WITH ALL ACCOUNT FUNDS BEING FORFEIT. MacFreelancer IS FOR FREELANCE/CUSTOM CONTRACTS ONLY. PIRATED SOFTWARE OFFENDERS WILL BE REPORTED TO THE COPYRIGHT OWNER, INCLUDING ALL IP'S, AND ACCOUNT INFORMATION SUBMITTED. MacFreelancer reserves the right to change the member Terms and Conditions at any time. MacFreelancer is evolving. We may modify or discontinue some services available without notice or liability to you. We thank you for using MacFreelancer. |
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