Logout

Terms and conditions

User Agreement

 

This Agreement was last modified on 30 July 2019.

This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.

 

In this User Agreement:

 

“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.

“Freelancer”, “we”, “our”, “company” or “the company” or “us” means Freelancer International Pty Limited (ACN 134 845 748).

“Freelancer Enterprise” provides organizations access to a global workforce of over 42 million freelancers. Freelancer Enterprise enables large organizations to accelerate their growth for less.

“Verified by Freelancer” 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.

“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.

“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.

“Freelancer 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 Freelancer and available at: Freelancer.com and any of its regional or other domains or properties, and any related Freelancer service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

1. Overview

 

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

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.

2. Scope

 

Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the Freelancer Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement 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.

3. Eligibility

 

You will not use the Website if you:

  1. are not able to form legally binding contracts;
  2. are under the age of 16;
  3. a person barred from receiving and rendering services under the laws of Australia or other applicable jurisdiction;
  4. are suspended from using the Website; or
  5. 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. Using Freelancer

 

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, such as the Code of Conduct;
  3. fail to deliver payment for services delivered to you;
  4. fail to deliver Seller Services purchased from you;
  5. circumvent or manipulate our fee structure, the billing process, or fees owed to Freelancer;
  6. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
  7. 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);
  8. transfer your Freelancer account (including feedback) and Username to another party without our consent;
  9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  10. distribute viruses or any other technologies that may harm Freelancer, the Website, or the interests or property of Freelancer 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;
  11. 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;
  12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
  13. copy, modify or distribute rights or content from the Website or Freelancer’s copyrights and trademarks; or
  14. harvest or otherwise collect information about Users, including email addresses, without their consent.
  15. use Freelancer to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin, ethereum, etc).

 

5. Intellectual Property Rights Infringement

 

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via this link on our Website and we will investigate.

6. Fees and Services

 

We charge fees for certain services, such as introduction fees for Projects, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.

Unless otherwise stated, all fees are quoted in United States Dollars.

0% Fees Promotion

Project commissions charged for Sellers who refer new Buyers that do not have an existing account on Freelancer and who join and create a new account, will be reduced from 10% to 0%, for all future Projects performed by the referring Seller (“Referrer”) for the referred Buyer (“Referee”).

This is subject to the following conditions:

  1. Referees must be referred using the specific promotional links on https://www.freelancer.com/no-commission
  2. For the avoidance of doubt, the reduced Project commission of 0% applies only in relation to new work performed by the Referrer who has successfully applied for this promotion for the specific Referee to whom the application relates. The new Projects must commence after the Buyer creates a new account on Freelancer and be initiated using that new account.
  3. Project commission fees for the freelancer only are lowered from 10% to 0% under this promotion. All other fees and charges remain unaffected including but not limited to Buyer commissions and transaction fees.
  4. This promotion does not apply to Contests.
  5. Freelancer reserves the right to review classifications of Referee as new Buyers for the purpose of this promotion, to ensure fair use of this promotion. The Referee must have worked with, and paid, the Referrer applying to use this promotion before the beginning of this promotion, for example from another platform. The Referrer s may be required to provide evidence of this prior work and payment before being eligible for the commission reduction. To be eligible for this promotion, The Referee must not have had any account on Freelancer prior to creating the new account.
  6. All other elements of the User Agreement continue to apply – see https://www.freelancer.com/about/terms.
  7. All other elements of the Fees and Charges component of the Additional Terms continue to apply – see https://www.freelancer.com/feesandcharges.
  8. Freelancer may require that both parties fill in and complete their profiles and/or pass identity checks before payments are released.
  9. Freelancer may require that the details for any Project for which the commission reduction applies are appropriately complete.
  10. This promotion may be withdrawn for a specific user, if significant reversals, fraud or chargebacks are observed, if Freelancer believes that there is a risk of funds being subject to reversal or chargeback, in cases of disputes between Referee and the Referrer, or for any other reason.
  11. Freelancer reserves the right to disallow use of this promotion in its sole and absolute discretion, with respect to fair use of this promotion, and to prevent any suspected fraud.
  12. Freelancer 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.
  13. Freelancer reserves the right to cancel or amend this promotion at any time.
  14. Freelancer reserves the right to cancel the promotion in any region if it is deemed or becomes unlawful to offer the promotion to any resident of that region.
  15. Freelancer reserves the right to recover the fees from any users participating in the 0% program should it discover at anytime that the users were found not to be acting in good faith