Effective Date: Date of Acceptance upon clicking “I agree” when signing up to our Account
This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and vosboss.com Limited (“vosboss.com”, “we”, “our” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.vosboss.com, all affiliated websites owned and operated by us or our Affiliates (collectively, the “Site”), all processes, procedures, guidelines, services, applications and tools that are accessible through the Site and all vosboss.com mobile applications that link to or reference this Agreement (“Site Services”). To the extent permitted by applicable law, vosboss.com may amend this Agreement without prior notice to you at any time by posting a revised version on the Site. Any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. Your continued use of the Site or the Site Services after the effective date of a revised version of this Agreement constitutes your acceptance of its terms and agreement to be bound by its terms. This Agreement includes and hereby incorporates by reference the agreements and polices linked from https://www.vosboss.com or elsewhere on the Site, as such agreements and policies may be modified by vosboss.com from time to time in our sole discretion (collectively, the “Terms of Service”). In the event of a conflict between this Agreement and the other Terms of Service, this Agreement will control.
YOU UNDERSTAND THAT THE SITE IS VENUE WHERE THE MEMBERS USE THE MARKETPLACE AND OUR PLATFORM FOR ONLINE SERVICES. THE USER BECOME MEMBER WHEN THEY OPEN AN ACCOUNT. AS MEMBERS, YOU MAY USE THE DIRECTORY AND OTHER SERVICES TO ADVERTISE, LOCATE, INTRODUCE THEMSELVES TO EACH OTHER, SCREEN AND SELECT EACH OTHER, NEGOTIATE THE TERMS OF ENGAGEMENT. ONCE THE TERMS OF ENGAGEMENT ARE FINLISED AND EXECUTED BETWEEN THE MEMBERS, THE MEMBERS USE THE SITE TO COLLABORATE, COMMUNICATE ABOUT AND INVOICE AND PAY FOR THE ENGAGEMENT. YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY.
1. DIGITAL SIGNATURE
By registering for a vosboss.com account on the Site (an “Account”), you are deemed to have executed this Agreement electronically, effective on the date you register your Account, pursuant to applicable laws including the Information Technology laws in UK. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download and print this Agreement.
2.1 Your Consent and Your Right to Withdraw Consent
By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. To facilitate better use of the Site, you give us permission to provide these records to you either electronically or instead of in paper form. However, we reserve the right, in our sole discretion, to communicate with you via postal service, fax and other third-party mail services using the address under which your account is registered. You should retain a copy of all of the records and notices we send to you electronically.
2.2 You Must Keep Your Email Address Current With Us
In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Site or by contacting Customer Support.
2.3 Account Registration
You agree to provide true, accurate, and complete information on all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You must not provide misleading information about your location. You must not register for more than one Client Account and one Freelancer Account without express written permission from us. Solely for purposes of the foregoing sentence, “You” means you, any member of your immediate family, and any entity directly or indirectly controlled by you or any member of your immediate family.
2.4 Identity Verification
When you register for an Account and from time to time thereafter, your Account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity. You authorize vosboss.com, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. Failure to provide us information about you and your business when requested is a violation of this Agreement.
2.5 Usernames and Passwords
When you register for an Account, you will be asked to choose a username and password for the Account.
You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You authorize vosboss.com to assume that any person using the Site with your username and password either is you or is authorized to act for you. You agree to notify us immediately by contacting Customer Support if you suspect or become aware of any unauthorized use of your Account.
2.6 Feedback and Ratings
vosboss.com encourages you to leave objective balanced feedback about Users with whom you have transacted. You acknowledge and agree that the Site contains public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that vosboss.com may calculate a composite feedback number based on these individual ratings. Freelancers agree to be rated by Clients along several criteria, as determined by vosboss.com. vosboss.com provides its feedback and rating system as a means through which Users can express their opinions publicly, and vosboss.com does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to vosboss.com’s attention. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. By law, vosboss.com is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable.
2.7. PURPOSE OF THE SITE AND SITE SERVICES
The Site is a marketplace where Clients and Freelancers can identify each other and buy and sell Freelancer Services online. Subject to the terms of this Agreement, vosboss.com provides the Site Services to Clients and Freelancers, including hosting and maintaining the Site, enabling the formation of Service Contracts, and managing disputes related to those Service Contracts. If a Client and Freelancer agree on terms of the Freelancer Services, a Service Contract is formed directly between such Client and Freelancer, subject to the provisions set forth in Section 5 (Contractual Relationship Between Client and Freelancer). When Client and Freelancer enter a Service Contract, they use the Site to hire, manage, and pay online.
2.8 Escrow accounts
An account will be created for providing Escrow Services to Clients and Freelancers to deliver, hold, or receive payment for a Job, and to make payments to vosboss.com. You hereby agree to the terms and conditions applicable to such account. The terms and conditions can be accessed through this link – https://www.mangopay.com/terms/Mangopay_Terms-EN.pdf.
You hereby employ, authorize, and instruct the appointed Payment Gateway, Leetchi Corporation (hereinafter referred to as “Leetchi” ) to act as escrow agent in connection with the Escrow Accounts and the payment, holding, and receipt of funds for each Job and other specified purposes (the “Escrow”) in accordance with this Agreement and the applicable Escrow Instructions.
2.9. CONTRACTUAL RELATIONSHIP BETWEEN CLIENT AND FREELANCER
3. Service Contracts
Client and Freelancer acknowledge and agree that when Freelancer accepts a Job awarded by Client, Client and Freelancer will be deemed to have entered into a “Service Contract” with each other that is comprised of the following agreements (as applicable): (1) The Fixed Price Contract with Escrow Instructions; (2) the Job terms awarded and accepted on the Site to the extent that the terms do not purport to expand vosboss.com’s obligations or restrict vosboss.com’s rights under this Agreement; and (3) any other contractual provisions accepted by both Client and Freelancer, to the extent that the provisions do not purport to expand vosboss.com’s obligations or restrict vosboss.com’s rights under this Agreement. You acknowledge and agree that the formation of a Service Contract between Client and Freelancer does not, under any circumstance, create an employment relationship between vosboss.com and the Freelancer or a principal-agent relationship between the Client and vosboss.com.
3.1 PAYMENT TERMS
3.2 Service Fee
Freelancer agrees that when a Client pays a Freelancer or funds related to a Job are otherwise released to a Freelancer as required by the applicable Escrow Instructions, vosboss.com will first deduct and disburse to vosboss.com up to 20% service fee for creating, hosting, maintaining, and providing the Site Services and then credit the balance into the Freelancer’s Escrow Account.
3.3 No Fee for Introduction or Finding Job
vosboss.com does not introduce Clients to Freelancers and does not help Freelancers find Jobs. vosboss.com merely makes the Site Services available to enable Freelancers to do so themselves. Therefore, vosboss.com does not charge a fee when a Freelancer finds a suitable Client or finds a Job. However, Client and a Freelancer are obligated to use the Site to pay and receive payment for Freelancer Services if they identified each other through the Site, as detailed in Section 7 titled “Exclusivity and Non-Circumvention,” below.
If Client fails to pay the Freelancer Fees or any other amounts due under this Agreement, whether by cancelling Client’s credit or debit card, initiating an improper chargeback, or any other means, vosboss.com may suspend or terminate Client’s Account, the processing of any additional payments, and any Freelancer Services in progress. Without limiting other available remedies, Client must pay vosboss.com upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, vosboss.com, at our discretion, may set off amounts due against other amounts received from or held by vosboss.com, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
3.5 Formal Invoices and Taxes
vosboss.com shall have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Freelancer Fees. Freelancer shall be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Freelancer Fees.
3.6 Payment Methods
In order to use certain Site Services, Client must provide account information for at least one valid Payment Method.
Client hereby authorizes vosboss.com to run necessary authorizations on the Payment Method provided by Client, to store such details as Client’s method of payment for Services, and to charge such Payment Method in accordance with the terms of this Agreement.
By providing Payment Method information through the Site, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information to us; (b) Client is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the Site, Client represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means. We reserve the right to seek reimbursement from you, and you will reimburse us, if we discover erroneous or duplicate transactions or we receive a chargeback from your Payment Method for any reason. You agree that we have the right to obtain such reimbursement by deducting amounts from future payments or withdrawals, charging your Payment Method(s), or obtaining reimbursement from you by any other lawful means. Without limiting any of our other rights or remedies, we may also charge interest as per Clause 6.6 and/or terminate your Account immediately upon your failure to reimburse us for chargebacks or other amounts owed under this Agreement.
3.7. EXCLUSIVITY AND NON-CIRCUMVENTION
You agree not to circumvent the Payment Methods offered by the Site. By way of illustration and not in limitation of the foregoing, you must not:
i. Submit proposals or solicit parties identified through the Site to contact, hire, manage, or pay outside the Site.
ii. Accept proposals or solicit parties identified through the Site to contact, deliver services, invoice, or receive payment outside the Site.
iii. Invoice or report on the Site an amount lower than that actually agreed between Client and Freelancer.
You agree to notify vosboss.com immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report to vosboss.com by sending an email message to us at Customer Support.
3.8 SERVICE CONTRACT TERMS BETWEEN CLIENT AND FREELANCER
Unless otherwise agreed to in a writing signed by both Client and Freelancer and except for Service Contracts classified as employment relationships, the terms and conditions of the Service Contract that a Freelancer enters directly with a Client when the Freelancer agrees to provide Services to the Client are as set forth in this Section. Client and Freelancer may not agree to any other terms and conditions that affect the rights or responsibilities of vosboss.com. vosboss.com is not a party to any Service Contract between Users, except as a Third-Party Beneficiary as described further below.
3.9 Mobile and Other Devices
When using our mobile applications, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. Our mobile applications may not contain the same functionality available on the Site.
4. CONFIDENTIAL INFORMATION
To the extent a Client or Freelancer provides Confidential Information to the other, the recipient shall protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and shall: (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Freelancer Services for the relevant Service Contract (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use by Freelancer); and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Freelancer Services for the relevant Service Contract.
If and when Confidential Information is no longer needed for the performance of the Freelancer Services for a Services Contract or at Client’s or Freelancer’s written request (which may be made at any time at Client’s or Freelancer’s sole discretion), the party that received Confidential Information, shall, at its expense, promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. The party that received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of disclosing party’s written request for such certification.
4.3 Dispute Resolution Process
If a dispute arises between Client and Freelancer under their respective Service Contract, Client and Freelancer shall refer the dispute to vosboss.com for non-binding mediation. Client and Freelancer agree to take best efforts to co-operate with vosboss.com and resolve the dispute within 15 days from the date the dispute is referred to vosboss.com. In the event, the Client or Freelancer does not agree with the resolution provided by vosboss.com, they shall refer the dispute to be resolved by a binding arbitration. The arbitration shall be conducted by a sole arbitrator to be appointed by the LCIA. The arbitration shall be conducted in London in accordance with the terms of the LCIA Arbitration Rules which are incorporated herein by way of reference.
If a dispute arises between you and vosboss.com or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, you, vosboss.com, and our Affiliates agree to resolve any claim or controversy at law or equity that arise out of or relate to this Agreement or the Site Services (each, a “Claim”) by referring the Claim to binding arbitration. The arbitration shall be conducted by a sole arbitrator to be appointed by the LCIA. The arbitration shall be conducted in London in accordance with the terms of the LCIA Arbitration Rules which are incorporated herein by way of reference.
If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
4.5 Force Majeure
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party will be extended by the period of such delay. Irrespective of any extension of time, if an Event of Force Majeure occurs and its effect continues for a period of 60 days, either the party may give to the other a 30-day notice of termination. If, at the end of the 30 day period, the effect of the Force Majeure continues, the Contract shall terminate.
4.6 Prevailing Language and Location
The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
4.7 Code of Conduct
vosboss.com is an online freelance marketplace that enables the employer of professional services to search for, enter into and manage transactions with freelancers or service providers of professional services.
vosboss.com has an obligation to conduct its business in accordance with all applicable rules, regulations and laws. We are committed to helping all Users act in a way that preserves trust and respect. This Code is meant as a guide to using our Site appropriately and must be always followed.
This Code are handled according to our Violations Policy will result in disciplinary action, up to, and including, account termination. Any questions regarding this Code should be addressed to the vosboss.com Support Team where we can provide you with additional information regarding the correct procedures to follow, and address any concerns you may have.
I am responsible for the content I post on vosboss.com and:
Spam or Advertising
“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with vosboss.com.
“Client” means any authorized User utilizing the Site to request Freelancer Services to be performed by a Freelancer (i.e., a User who is a client or potential client of Freelancer Users). From time to time, vosboss.com may act as a Client, and the terms and conditions of this Agreement applicable to Clients will apply to vosboss.com when vosboss.com acts in this way.
“Client Deliverables” means instructions, requests, intellectual property, and any other information or materials that a Freelancer receives from a Client for a particular Service Contract.
“Confidential Information” means Client Deliverables, Freelancer Deliverables, Work Product, and any other information provided to, or created by, a User for a Service Contract, regardless of whether in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Freelancer or Client; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.
“Escrow Services” means services provided by Leetchi Corporation SA under the brand name “Mangopay”.
“Escrow Instructions” means any action of the Client by which vosboss.com is authorized to transfer funds from Client’s account to the Freelancer’s account under the Service Contract.
“Fixed-Price Contract” means a Service Contract for which Client is charged a fixed fee agreed between a Client and a Freelancer, prior to the commencement of a Service Contract, for the completion of all Freelancer Services requested by Client for such Service Contract.
“Freelancer” means any authorized User utilizing the Site to offer Services to Clients. A Freelancer User is also a customer of vosboss.com with respect to use of the Site and the limited Site services.
“Freelancer Deliverables” means instructions, requests, intellectual property, and any other information or materials that a Client receives from a Freelancer for a particular Service Contract.
“Freelancer Fees” means: (a) for a Fixed-Price Contract, fixed fee agreed between a Client and a Freelancer; and (b) any bonuses paid or other payments made by a Client for a Service Contract.
“Freelancer Services” means all services performed for or delivered to Clients by Freelancers.
“Job” means Freelancer Services that a Freelancer agrees to provide to a Client. This term does not imply an employment relationship and is not to be interpreted in that manner.
“Payment Method” means a valid credit card issued by a bank acceptable to vosboss.com or such other method of payment as vosboss.com may accept from time to time in our sole discretion.
“Proprietary Rights” means any and all rights, title, ownership, and interest in and to copyrights, mask works, industrial designs, trademarks, service marks, trade names, trade secrets, patents, and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected.
“Service Contract” means the contractual provisions accepted by both a Client and a Freelancer governing the Services to be performed by a Freelancer for Client.
“Site Services” means all services that are accessible through the site.
“Work Product” means any tangible or intangible results or deliverables that Freelancer agrees to create for, or actually delivers to, Client as a result of performing the Freelancer Services on a particular Service Contract, including, but not limited to, configurations, computer programs, or other information, or customized hardware, and any intellectual property developed in connection therewith.
“User Content” means any data, feedback, reviews, information, content, text, video, music, or other information that you post to any part of the Site.
4.8. CONTACTING US
If you have questions or need assistance, please contact Customer Support at firstname.lastname@example.org
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