Jobifinder, officially known as Jobifinder, is a civil non-profit association whose goals are:
Promoting and assisting in outreach activities aimed at promoting environmental, social and economic justice.
Supporting and assisting in the development of advocacy and educational activities in the form of courses and training.
Supporting and assisting in the development of alliances and partnerships at national and international level.
Assistance and support for the organisation of cultural events, social events, campaigns and other activities.
Assisting, supporting and activating citizens and young people and helping to develop the skills and abilities of its members.
Supporting and developing the provision of information and advice to its members.
Jobifinder has been allocated an identification number which is: 55 570 160. Through the Ministry of the Interior of the Slovak Republic ( https://www.minv.sk/?informacie-o-registracii-3) , through the Statistical Office (https://slovak.statistics.sk/).
This User Agreement (“Agreement”) contains important information about your legal rights, remedies, and obligations, and is a legally binding agreement between you (“you” or “User”) and Jobifinder (civil association Jobifinder), governing your use of Jobifinder's Site and Site Services (collectively, “Services”).
This Agreement also incorporates, for any User using the Jobifinder Direct Contract Service, Jobifinder Direct Contract Terms and Direct Contract Escrow Instructions, and for any User using the Any Hire Services, the Any Hire Terms and the Any Hire Escrow Instructions. You should read all of our terms carefully because you are promising not to break any agreements in the Terms of Service.
If you want to use our work marketplace or any of our services (which we refer to altogether as Services), whether just by looking around or by registering an account, you must first read and agree to this Agreement (including the dispute resolution and arbitration provisions in Section 14). If you don’t understand this Agreement or you don’t agree to all of its terms and conditions, you may not use our Services. If you do not understand or agree to this Agreement, do not click to accept this Agreement, “Sign Up”, “Create My Account”, or similar, and do not visit Jobifinder.com, use our mobile applications, or otherwise use our Services. If you are using our Services on behalf of a business or legal entity, you may only do so if you have authority to agree to the Terms of Service on behalf of that business or legal entity.
To make these terms a little easier to understand, we capitalize certain terms, and capitalizing them means they have a special meaning. Section 16 provides the definitions of some capitalized terms, and others are defined throughout the Terms of Service (look for quotation marks and bold font).
To fully access our Services, you are required to register for an account, and your registration will be subject to our approval.
To access and utilize specific parts of our Services, you must create an account with us ("Account"). Users who have registered with our Services are referred to as "Users - buyer and seller," while those who have not registered are considered "Site Visitors."
Approval by Jobifinder is necessary for your Account registration. We reserve the right to reject any registration for joining Jobifinder or adding an Account of any kind, based on lawful reasons, which may include factors like supply and demand, data maintenance costs, or other business considerations.
You agree to use Jobifinder's Services solely for business purposes and confirm that you are eligible to enter into this Agreement, including being 18 years of age or older.
Jobifinder provides its Services exclusively for business purposes, not for personal or consumer use. By creating an Account or using our Services, you affirm that:
(a) You are conducting business either as a self-employed individual/sole proprietor or as an employee or agent of an independent business (e.g., corporation, limited liability company, or another entity).
(b) You will utilize our Services solely for business-related activities.
(c) You will comply with all licensing, registration, or other requirements applicable to your business or the business you represent, including the provision of Freelancer Services.
(d) You are either a legal entity or an individual who is at least 18 years old (or the age of majority in your country if it exceeds 18), and you have the legal capacity to enter into binding contracts.
To use our Services, you must create a User profile ("Profile"), which will be visible to other Users, and unless you adjust your privacy settings, it may also be visible to the public. You agree to provide accurate and complete information in your Profile and in all registration and other forms you submit while using our Services. You further agree to keep this information up to date. It is essential not to provide false, outdated, or incomplete information about your identity, location, business, beneficial owner(s) of your business, skills, or the services offered by your business. If any information on your Profile becomes false or misleading, you agree to correct it promptly. We reserve the right to suspend or terminate the Account or access to our Services of any individual providing false, inaccurate, or incomplete information while creating, marketing, or maintaining a Profile or Account.
Jobifinder offers three types of accounts ("Account Types"): Client, Freelancer, and Agency (which is a special type of Freelancer account). Upon registration for an Account, you have the option to add multiple Account Types under the same login credentials. However, you must ensure that you only maintain one Account with a unique login. Never share your Account password with anyone; instead, you can grant permissions to other Users as Team Members or Agency Members, if required, to act under your Account Types.
You can register for an Account or add an Account Type to use the Services as a Client (a "Client Account"). Client Accounts allow the account owner to grant permissions to other Users ("Team Members") to act on behalf of the Client Account. Each Team Member must have their own Account before being added as a Team Member on the Client Account.
FREELANCER, MEMBER ACCOUNT,
Freelancer: You can register for an Account or add an Account Type to use the Services as a Freelancer (a "Freelancer Account").
You are solely responsible for all activities that occur under your Account. You may grant permissions to other Users to act on your Account. However, you agree not to request or allow another person to create an Account for you, unless authorized employees or agents create an Account on behalf of your business. By granting permissions to other Users under your Account, including as a Team Member or Agency Member, you confirm that:
(a) The User is authorized to act on your behalf; and
(b) You assume full responsibility and liability for the actions and omissions of the User, including payments, Service Contracts, and adherence to the Terms of Service. Violations of the Terms of Service by Users granted permissions under your Account may impact your ability to use our Services. In case of Account closure, Jobifinder may also close any related Accounts.
IDENTITY AND LOCATION VERIFICATION
Upon registering for an Account and periodically thereafter, your Account may undergo verification, including validation against third-party databases or verification of official government or legal documents that confirm your identity, location, and business affiliations on Upwork. You authorize Upwork, directly or through third parties, to conduct any necessary inquiries to validate this information, in accordance with applicable law. If requested, you must promptly provide complete and accurate information, including official documents, to verify your identity and business. During verification, certain Account features may be temporarily limited, but they will be restored upon successful completion of the process.
USERNAMES AND PASSWORDS
You are required to register for your own Account with a unique username and password. It is your responsibility to maintain the confidentiality of your login credentials and not share them with anyone. You must not use the username and password of another User, and you must notify us immediately if you suspect any unauthorized use of your Account or password. For delegating access to your Account, refer to Sections Account Types and, Account Permissions, which outline how you can allow other registered Users to act on your behalf.
PURPOSE OF JOBI-FINDER
JobiFinder is a work marketplace that provides an online platform for Users to connect, find, and engage with each other. Our platform facilitates the buying and selling of Freelancer Services, allowing Clients and Freelancers to identify and collaborate on various projects. By using our Services, Users agree to abide by the Terms of Service and utilize the platform exclusively for invoicing, payment, and receipt of amounts owed under the Service Contracts they enter into.
RELATIONSHIP WITH JOBIFINDER
JobiFinder serves as a facilitator, enabling Users to interact and form service relationships and agreements. We are not directly involved in negotiations or the delivery of Freelancer Services, and we are not a party to any agreements made between Users. It is the sole responsibility of Users to vet each other, perform under their agreements, and publish their own content on JobiFinder.
We do not perform or employ individuals to perform Freelancer Services. Users understand and agree that JobiFinder does not supervise, control, or monitor the performance of contractual obligations under Service Contracts or Direct Contracts. As such:
(a) JobiFinder is not responsible for the accuracy or legality of User Content, for which Users are solely accountable.
(b) JobiFinder is not responsible for the offering, performance, or procurement of Freelancer Services.
(c) JobiFinder does not endorse or guarantee the services offered by any specific User.
(d) No employment, agency, or joint venture relationship is established between JobiFinder and any User offering services, even if badges are provided on Freelancer or Client profiles.
Users acknowledge that they are solely responsible for:
(a) Assessing the suitability of Projects, Clients, or Freelancers.
(b) Verifying information about other Users, including Composite Information.
(c) Deciding whether to enter into Service Contracts or Direct Contracts and negotiating contract terms.
(d) Executing the terms or conditions of contracts and monitoring their performance.
All Service and Direct Contracts are exclusively between the Users, and JobiFinder is not a party to those contracts.
If you are an Agency or Agency Member, you expressly acknowledge that the Agency is solely responsible for paying its Agency Members for work performed on behalf of the Agency.
This Agreement does not restrict Users from engaging in other business activities or providing services through other channels. Users are encouraged to do so, and we provide the necessary flexibility. Additionally, JobiFinder may periodically test or offer beta tools to improve our Services. While we will provide information on such tests and features, we do not guarantee their availability at all times.
TAXES AND BENEFITS
Freelancers using Jobifinder are responsible for their own taxes, insurance, and compliance with applicable laws and regulations.
Freelancers acknowledge and agree that they have the sole responsibility for the following:
(a) Paying all tax liabilities associated with payments received from their Clients through Jobifinder. Jobifinder will not withhold any taxes from Freelancer payments, unless required by law.
(b) Obtaining any necessary liability, health, workers’ compensation, disability, unemployment, or other insurance as required by law. Freelancers are not covered by or eligible for any insurance provided by Jobifinder.
(c) Complying with applicable laws and regulations regarding invoicing, reporting, and the collection or remittance of any taxes or charges.
(d) If located outside of the United States, determining if Jobifinder is required by applicable law to withhold any amount of the Freelancer Fees and promptly notifying Jobifinder of any such requirement. Freelancers agree to indemnify Jobifinder for any requirement to pay withholding amounts to appropriate authorities, including penalties and interest. In the event of an audit of Jobifinder, Freelancers agree to cooperate promptly and provide copies of their tax returns and other documents as reasonably requested for audit purposes, including records demonstrating that Freelancers engage in an independent business.
MARKETPLACE FEEDBACK AND USER CONTENT
Users of Jobifinder publish information and feedback on the platform. Jobifinder is not responsible for such content, and Users publish and use it at their own risk.
Users acknowledge and agree that they may publish information such as feedback or geographical location on the platform and request Jobifinder to publish it on their behalf. Such information is based on data voluntarily submitted by Freelancers or Clients and does not constitute an endorsement or recommendation by Jobifinder. Users agree that Jobifinder is not responsible for verifying such information and provides it for the convenience of Users. Providing false or misleading information violates the Agreement and may result in access revocation.
Users acknowledge that User feedback benefits the marketplace and agree that Jobifinder may share individual and composite feedback about Users. This feedback may include comments, ratings, satisfaction indicators, and other opinions left by other Users. Jobifinder does not monitor, influence, or censor such feedback.
Users agree to notify Jobifinder of any errors or inaccurate statements in their feedback results, including Composite Information, and acknowledge that Jobifinder may rely on the accuracy of such information if not notified. The feedback system serves as a means for Users to share their working experiences and opinions publicly. Users acknowledge that posted composite or compiled feedback and any other Composite Information relate only to the business advertised in the Profile and not to any individual person. Users agree not to use Composite Information to make any employment, credit, credit valuation, underwriting, or similar decisions about any other User.
While using the Services, Users may encounter content or information that is inaccurate, incomplete, delayed, misleading, illegal, offensive, or harmful. Jobifinder generally does not review or monitor User Content and is not responsible for it. Jobifinder reserves the right (but is under no obligation) to remove posted feedback or information that violates the Terms of Service, negatively affects the marketplace, diminishes the integrity of the feedback system, or is inconsistent with Jobifinder's business interests. Users agree that Jobifinder is not liable for any misuse of the Services.
CONTRACTUAL RELATIONSHIP BETWEEN CLIENT AND FREELANCER
This section outlines the relationships that Users may establish with each other, including contracts for buying or selling Freelancer Services, within the Jobifinder platform.
Users are solely responsible for deciding whether to enter into agreements with other Users and determining the terms of those agreements. If a Client and a Freelancer decide to enter into a Service Contract, it creates a direct contractual relationship between them. Jobifinder is not a party to any Service Contract and assumes no responsibility for it. The contract between the Client and Freelancer does not create any employment or service relationship between Jobifinder and any User.
Clients and Freelancers have the flexibility to enter into any agreements they consider appropriate, such as confidentiality agreements, invention assignment agreements, or assignment of rights. However, such agreements must not conflict with or alter Jobifinder's rights and obligations under the Terms of Service, including this Agreement and the applicable Escrow Instructions.
Optionally, the parties to a Service Contract may choose to adopt the Optional Service Contract Terms, either in full or in part, alongside or instead of other agreements. The parties agree that the Optional Service Contract Terms will apply to their contract to the extent that they have not agreed to other conflicting terms. The Optional Service Contract Terms are provided as a sample and may not be suitable for all jurisdictions or contracts. They do not constitute legal advice, create an attorney-client relationship, or serve as advertising or solicitation. Users should seek legal advice from a licensed attorney for their specific needs.
DISPUTES AMONG USERS
Users agree to attempt to resolve disputes with other Users by following the dispute resolution process outlined in the applicable Escrow Instructions for their Service Contract or Direct Contract within the Jobifinder platform. If the dispute resolution process does not lead to a resolution, Users may pursue their disputes independently. However, Jobifinder is not obligated to provide further dispute resolution assistance.
In cases where a Freelancer or Client seeks an order from an arbitrator or court that may affect Jobifinder, Jobifinder Escrow, or its Affiliates, the party seeking the order must provide at least five (5) business days' prior notice of the hearing to Jobifinder. The order should also include provisions requiring payment to Jobifinder for any entitled amounts and the reasonable value of any services Jobifinder is obligated to undertake as a result of the order.
Users can agree to their own confidentiality terms within the Jobifinder platform. If no specific terms are agreed upon, the following confidentiality terms apply.
If a User provides Confidential Information to another User, the recipient must take reasonable steps to keep that information confidential. Upon a written request, the recipient must promptly destroy or return the disclosing party's Confidential Information, along with any copies, from its premises, systems, or any other equipment under its control. This provision applies to information exchanged for the purpose of evaluating whether to enter into a Service Contract within the Jobifinder platform, even if the contract is not ultimately agreed upon.
Users on Jobifinder have the responsibility to determine whether a Freelancer should be engaged as an employee or an independent contractor.
Clients are solely responsible for making this decision and must ensure that their classification of Freelancers complies with relevant laws, regulations, and rules. Jobifinder does not play a role in worker classification, and this Agreement does not establish any employment or service relationship between Jobifinder and any User.
JOBIFINDER PAYROLL SERVICES
If a Client engages a Freelancer as an employee, the Client agrees to use Jobifinder Payroll services.
When a Client decides to receive services from a Freelancer under terms that indicate an employment relationship, the Client must enroll in Jobifinder Payroll (unless the Client chooses to pay the Conversion Fee, as explained in Section 7). By enrolling in Jobifinder Paypall, the Client engages Jobifinder's third-party staffing vendor (the "Staffing Provider") through the platform. The Staffing Provider will hire the Freelancer at the request of the Client and based on the agreed terms, as described on the platform and in the Jobifinder Payroll Agreement. The Staffing Provider becomes the employer of the Freelancer, not Jobifinder.
Freelancers acknowledge and agree that Jobifinder has no control over and is not responsible for the terms and conditions of the employment relationship between the Freelancer and the Staffing Provider or Client, including matters related to pay rate, work hours, employment dates, or working conditions.
Users agree to pay certain fees to Jobifinder for using its services, and they acknowledge that Jobifinder may collect taxes as required by applicable law.
FEES FOR FREELANCERS
Freelancers agree to pay Jobifinder a service fee for using the platform's services, such as marketing, invoicing, reporting, payment, and dispute resolution services. This fee is outlined in the Fee and ACH Authorization Agreement and the Direct Contract Terms (referred to as "Service Fees"). Freelancers are responsible for paying all Service Fees (10% fees). When a Client pays (3% fees) a Freelancer for a Project or when funds related to a Project are released to a Freelancer according to the applicable Escrow Instructions (see Section 6.1), Jobifinder Escrow will credit the Freelancer Escrow Account with the full amount paid or released by the Client. Afterward, Jobifinder will deduct and disburse the Service Fee from the Freelancer Escrow Account on behalf of the Freelancer, as authorized by the Freelancer. Freelancers give Jobifinder this irrevocable authorization to deduct the Service Fee.
Freelancers may also choose to subscribe to different membership levels on the platform to access additional features and services, which may require payment of subscription membership fees. Additionally, Freelancers may purchase "Connects" as described in the Freelancer Membership Agreement.
Freelancers will also pay Jobifinder a disbursement fee for remitting payments to their preferred payment method. This fee covers administrative costs and expenses incurred during the disbursement process and may vary depending on the chosen method. The specific fee for each disbursement method is available on the platform and is subject to change.
Clients pay Jobifinder a Marketplace Fee for accessing the platform's services, including the administration and facilitation of payments related to the Freelancer Fees they pay through the platform. Details regarding these fees can be found in the Fee and ACH Authorization Agreement.
Clients may also opt for additional features and services on the platform, subject to fees as described in the Fee and ACH Authorization Agreement.
VAT AND OTHER TAXES
Jobifinder Fees do not include taxes. While Jobifinder may not be required to collect certain taxes, applicable laws may mandate the collection of income tax, VAT (referred to as GST or local sales taxes in some jurisdictions), or other levies. Tax collection requirements and rates may change based on local laws. Jobifinder will collect any required taxes or withholdings in addition to the fees specified in the Terms of Service.
NO FEE FOR INTRODUCING OR FINDING PROJECTS
Jobifinder does not act as an intermediary to introduce Clients and Freelancers. It provides a platform for Freelancers to showcase their services, and from time to time, Jobifinder may highlight Projects or Freelancers that may be of interest. As such, Jobifinder does not charge a fee when a Freelancer finds a suitable Client or Project. Additionally, Jobifinder does not impose any fee or dues for posting or viewing feedback, including Composite Information.
TITLE TO FUNDS
Jobifinder, Jobifinder Escrow, and our Affiliates are not financial institutions. We will protect your funds and not use them for our own purposes.
Jobifinder, Jobifinder Escrow, and our Affiliates do not function as banks. All funds held in the Escrow Account are deposited and safeguarded in an escrow trust account at a bank insured by the Slovenská Sporitelna, which is authorized to receive, hold, and disburse escrow funds in accordance with applicable laws and regulations.
You will not receive interest on funds held in your Escrow Account, and you understand that we charge fees for our services, as outlined in Section.
Under no circumstances will you receive any interest earnings, even in cases of Project or payment failure, cancellation, or refund of escrow funds. Any interest earned in an interest-bearing escrow trust account may be retained in the account until the end of the current calendar month.
ESCROW AGENT DUTIES
We will fulfill the obligations described in this Agreement, the applicable Escrow Instructions, and the rest of the Terms of Service.
We agree to perform only those duties explicitly stated in this Agreement, the applicable Escrow Instructions, and the other Terms of Service. No additional duties will be implied. We are not liable for, and have no obligation to inquire about, any provisions in any agreement other than the Terms of Service (including this Agreement and the relevant Escrow Instructions). We have no duty to inquire about or investigate any agreement or communication between the Client and Freelancer, even if it is posted on the platform. We have the right to rely on any written notice, instruction, or request provided to us by the Client or Freelancer in accordance with this Agreement or the relevant Escrow Instructions, as long as we reasonably believe the notice, instruction, or request is genuine and properly signed or presented by the appropriate parties. We are not obligated to inquire about or investigate the validity, accuracy, or content of such notices, instructions, or requests. We are not required to solicit any payments or releases related to the Escrow Account. We may execute our powers and fulfill our duties under this Agreement and the applicable Escrow Instructions directly or through agents or attorneys (and will only be liable for the careful selection of such agents or attorneys). We may also consult with legal counsel, accountants, and other experts selected and retained by us. In case of uncertainty regarding our duties or rights under this Agreement or upon receiving conflicting instructions, claims, or demands from any party to this Agreement, we may refrain from taking any action, and our sole obligation will be to securely retain all property held in the Escrow Account until we receive written directions from the Client and Freelancer or a final order or judgment from an arbitrator or court with competent jurisdiction.
ESCROW AGENT RIGHT
We may initiate a dispute resolution process in cases of disagreement between a Client and a Freelancer concerning an Escrow Account.
We have the right to initiate arbitration or other legal proceedings, if applicable, including depositing funds held in the Escrow Account with a court of competent jurisdiction, to resolve any disputes between the Client and Freelancer related to the Escrow Account. Except where expressly provided otherwise, nothing in this Agreement shall limit our legal and equitable rights, including the right to deposit funds held in the Escrow Account with a court of competent jurisdiction. In the event of any merger, conversion, or consolidation involving Jobifinder Escrow or the transfer of substantially all escrow business of Jobifinder Escrow to another corporation or association, the successor entity shall assume all the rights and obligations of Jobifinder Escrow as escrow holder and agent under this Agreement and the applicable Escrow Instructions to the extent permitted by applicable law.
CLIENT PAYMENTS ON SERVICE CONTRACTS
This section outlines the timing and procedure for Client payments on contracts with Freelancers.
Fixed-Price Contracts: Freelancer Fees will be made available to Freelancers no later than five days after the security period expires. The security period commences after the Client accepts the work submitted by the Freelancer and approves the payment.
Except as explicitly provided in the Terms of Service or the Escrow Instructions and as prohibited by applicable law, Jobifinder Escrow reserves the right to refuse processing, hold the disbursement of the Freelancer Fees or any other amounts, offset amounts owed to us, or take other appropriate actions with respect to the Escrow Account at our sole discretion if: (a) additional information is required, such as Freelancer's tax information, government-issued identification, or other proof of identity, address, or date of birth; (b) there is a reason to believe that the Freelancer Fees may be subject to dispute or chargeback; (c) there is suspicion of fraud or other illicit activities by a User on or through the Site or unlawful use of the Site; (d) reasonable grounds exist for insecurity regarding the performance of obligations under this Agreement or other Terms of Service; or (e) it is deemed necessary in connection with any investigation, required by applicable law, or due to circumstances beyond our control after a commercially reasonable effort has been made to address such circumstances. Once the investigation determines that the hold on the disbursement of the Freelancer Fees is no longer necessary, Jobifinder Escrow will release the hold as soon as practicable.
Furthermore, except as expressly provided in the Terms of Service or the Escrow Instructions and to the extent permitted by applicable law, we retain the right to seek reimbursement from you, and you agree to reimburse us, in the following cases: (i) suspicion of fraud or criminal activity associated with your payment, withdrawal, or Project; (ii) discovery of erroneous or duplicate transactions; or (iii) provision of our services in accordance with this Agreement, but receiving a chargeback from the Payment Method used by you or your Client. You acknowledge that we have the right to obtain such reimbursement by instructing Jobifinder Escrow (and Jobifinder Escrow will have the right) to charge your account(s), offset any amounts determined to be owing, deduct amounts from future payments or withdrawals, charge your Payment Method, or utilize other lawful means to obtain reimbursement from you. Failure to obtain such reimbursement may result, in addition to any other remedies available under applicable law, in the temporary or permanent revocation of your access to the Services and the closure of your Account.
NON-PAYMENT OR DEFAULT
Jobifinder is not responsible for a Client's failure to pay fees on time. If a Client is in "default," meaning they fail to pay the Freelancer Fees or any other amounts as required under the Terms of Service or a written agreement incorporating the Terms of Service (signed by an authorized representative of Jobifinder), Jobifinder will be entitled to the remedies outlined in this Section 6.4, in addition to any other available remedies under applicable law or the written agreement. For clarity, a Client will be deemed in default upon the earliest occurrence of any of the following: (a) failure to pay the Freelancer Fees when due; (b) failure to pay a balance that is due or to bring an account current within a reasonable period but no more than 30 days after a credit or debit card is declined or expires; (c) failure to pay an invoice issued by Jobifinder within the agreed time period or, if no period is agreed, within 30 days; (d) initiation of a chargeback resulting in a reversal of a charge for Freelancer Fees or other amounts due; or (e) taking actions or failing to take actions that result in a negative or past-due balance on the Client's account.
If a Client is in default, Jobifinder may, without notice, temporarily or permanently close the Client's Account and revoke access to the Services, including the authority to use the Site for processing additional payments, entering into Service Contracts or Direct Contracts, or obtaining additional Freelancer Services from other Users through the Site. However, the Client will remain responsible for any amounts accruing on any open Projects at the time of the Account limitation due to default. In addition to other available remedies, the Client must pay Jobifinder upon demand for any amounts owed, 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, along with attorneys' fees and other collection costs, as permitted by applicable law.
At Jobifinder's discretion and to the extent allowed by applicable law, Jobifinder, Jobifinder Escrow, Elance Ltd., or its other Affiliates may, without notice, charge all or a portion of any amount owed to any Payment Method on file on the Client's Account; offset amounts due against other amounts received from the Client or held by Jobifinder, Jobifinder Escrow, or another Affiliate for the Client; report to credit reporting agencies and law enforcement authorities; and cooperate with credit reporting agencies and law enforcement authorities in any investigation or prosecution.
Jobifinder does not guarantee that a Client will pay Freelancer Fees, and Jobifinder is not liable for and may reverse Freelancer Fees if a Client is in default or initiates a chargeback of funds with their financial institution. A Freelancer may use the dispute process described in the applicable Escrow Instructions to recover funds from a defaulting Client or pursue other remedies against the Client as deemed appropriate. If Jobifinder recovers funds from a Client who initiated a chargeback or is in default under this Section 6.4, Jobifinder will disburse any portion attributable to Freelancer Fees to the respective Freelancer, to the extent not already paid by the Client or credited by Jobifinder through any Payment Protection program.
NO RETURN OF FUNDS AND NO CHARGEBACKS
Clients agree that once Jobifinder charges their Payment Methods, the charge cannot be refunded except as agreed upon in the Escrow Instructions. Clients further agree not to initiate any chargebacks from their credit card companies, banks, or similar entities.
Clients acknowledge and agree that Jobifinder or its affiliates, Jobifinder Escrow, or Elance Ltd. may charge or debit the designated Payment Method for the incurred Freelancer Fees as described in the applicable Escrow Instructions and the Fee and ACH Authorization Agreement. Once Jobifinder or its affiliates charge or debit the Client's designated Payment Method for the Freelancer Fees, the charge or debit is non-refundable, except as provided in the applicable Escrow Instructions or as required by applicable law. Clients also acknowledge and agree that the Terms of Service provide a dispute resolution process for resolving any issues. Therefore, Clients agree not to request chargebacks from their credit card companies, banks, or other Payment Method providers for Freelancer Fees or other fees charged in accordance with the Terms of Service for any reason. Initiation of a chargeback in violation of this Agreement is a material breach. If a Client initiates a chargeback in violation of this Agreement, Jobifinder or its affiliates may dispute or appeal the chargeback, take collection action against the Client, close the Client's account, and take other appropriate actions as deemed suitable.
Clients agree to designate a Payment Method and authorize Jobifinder to charge that Payment Method.
To use certain Site Services, a Client must provide account information for at least one valid Payment Method. By providing Payment Method information through the Site or authorizing payments with the Payment Method, the Client represents that they are legally authorized to provide such information and make payments using the designated Payment Method(s). If the Client is an employee or agent of a company or person that owns the Payment Method, they are authorized by the company or person to use the Payment Method to make payments on Jobifinder. Furthermore, such actions do not violate the terms and conditions applicable to the Client's use of such Payment Method(s) or applicable law.
When a Client authorizes a payment using a Payment Method-Paypall, Credit Card.
COMMUNICATING THROUGH THE SITE; NOT SHARING CONTACT DETAILS
Before entering into a Service Contract, all Users on Jobifinder agree to communicate exclusively through the platform.
The provisions of this Section 7.2 apply to interactions between Users with Basic, Plus, or Marketplace Accounts and do not apply to interactions between Users where the Client is an Enterprise Client. For the purposes of the Terms of Service, "Enterprise Client" refers to a Client, including an Enterprise client or an Upwork Business Client, that displays the following "Enterprise" badge on its job post or search tile:
For Users subject to this Section 7.2, you agree to use the communication services available on the Jobifinder platform to communicate with other Users before entering into a Service Contract. You agree that, prior to entering into a Service Contract, you will (a) solely use Jobifinder as the means to communicate with other Users; (b) not provide your Means of Direct Contact (defined below) to any other User or any other person identified through the platform; (c) not use another User's Means of Direct Contact to attempt to communicate with, solicit, contact, or find the contact information of a User outside of Jobifinder; (d) not ask for or provide contact information of another User through public means; and (e) not include any Means of Direct Contact or any means that would reveal your contact information in any profile, proposal, job posting, invitation, or pre-hire communication using the platform's communication services (including attached files), unless otherwise allowed on the platform.
For the purposes of the Terms of Service, "Means of Direct Contact" refers to any information that enables another person to contact you directly, including but not limited to phone numbers, email addresses, physical addresses, links to contact forms or information request forms, links to applicant management systems, or any information that allows contact through social media or other websites or platforms with communication tools such as Skype, Slack, WeChat, or Facebook. Information is considered a Means of Direct Contact if it enables another user to identify any of the aforementioned information through other sources, such as visiting a website with an email address or identifying you through social media.
You acknowledge and agree that violating this Section 7.2 constitutes a material breach of the Terms of Service and may result in the permanent suspension of your Account.
You may opt out of the non-circumvention agreement by paying a fee.
For Enterprise Clients, the Conversion Fee may be calculated differently if the contract with Jobifinder provides for different terms.
If Jobifinder determines that you have violated Section 7, it may (a) charge your Payment Method the Conversion Fee (including interest) if permitted by law, or send you an invoice for the Conversion Fee (including interest), which you agree to pay within 30 days; (b) close your Account and revoke your authorization to use the Services; and (c) charge you for all losses, costs, and reasonable expenses (including attorneys' fees) related to investigating the breach and collecting the fees.
RECORDS OF COMPLIANCE
You agree to create and retain all necessary records.
You are solely responsible for creating, storing, and backing up your business records. You acknowledge that Jobifinder has no obligation to store, maintain, or provide you with copies of any content or information you provide, except as required by applicable law.
We are not liable for the quality, safety, or reliability of our Services.
Jobifinder and its affiliates provide the Services, including content and information, on an "as is" and "as available" basis. We make no representation or warranty about the Services, including that they will be uninterrupted or error-free. To the maximum extent permitted by applicable law, Jobifinder and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability, or fitness for a particular purpose.
LIMITATION OF LIABILITY
Our liability to you is limited.
Jobifinder is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to: (i) your use of or inability to use our platform or Services; (ii) delays or disruptions in our platform or Services; (iii) viruses or other malicious software obtained by accessing or linking to our platform or Services; (iv) glitches, bugs, errors, or inaccuracies of any kind on our platform or Services; (v) damage to your hardware device resulting from the use of our platform or Services; (vi) the content, actions, or inactions of third parties using our platform or Services; (vii) a suspension or other action taken on your Account; (viii) your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, feedback, Composite Information, or metrics on the platform; and (ix) any necessary changes to your practices, content, or behavior or any loss or inability to conduct business due to changes in the Terms of Service.
Additionally, in no event will Jobifinder, our affiliates, licensors, or third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities. The liability of Jobifinder, our affiliates, licensors, and third-party service providers to any User for any claim arising out of or in connection with this Agreement.
You agree not to hold us responsible for any dispute you may have with another User.
In recognition of the fact that Jobifinder is not a party to any contract between Users, you hereby release Jobifinder, our other Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees, and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity, that exists as of the time you enter into this Agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Freelancer Services provided to the Client by a Freelancer and requests for refunds based upon disputes. Procedures regarding the handling of certain disputes between Users are discussed in the Escrow Instructions.
To the extent applicable, you hereby waive the protections of the applicable laws, including any analogous laws in any other jurisdictions, which say: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
This release will not apply to a claim that Jobifinder failed to meet our obligations under the Terms of Service.
If you do something using our Services that gets us sued or fined, you agree to cover our costs or losses as described below.
You will indemnify, defend, and hold harmless Jobifinder, our other Affiliates, and our respective directors, officers, employees, representatives, and agents (each an "Indemnified Party") for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) your or your agents' use of the Services, including any payment obligations or default incurred through the use of the Services; (b) any Work Product or User Content related to your use of the Services; (c) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a Freelancer as an independent contractor, any employment-related claims; (d) your or your agents' failure to comply with the Terms of Service; (e) you or your agents' failure to comply with applicable law; (f) negligence, willful misconduct, or fraud by you or your agents; and (g) you or your agents' violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights. For purposes of this Section 12, your agents include any person who has apparent authority to access or use your account demonstrated by using your username and password.
"Indemnified Claim" means any and all claims, damages, liabilities, costs, losses, and expenses (including attorneys' fees) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.
"Indemnified Liability" means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.
AGREEMENT TERM AND TERMINATION
This section discusses when and how long this Agreement will last, when and how either you or Jobifinder can end this Agreement, and what happens if either of us ends the Agreement.
You and Jobifinder both have the right to end this Agreement, but certain rights and obligations will survive after this Agreement ends.
Unless both you and Jobifinder expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided in this Agreement. You may provide written notice to firstname.lastname@example.org. In the event you properly terminate this Agreement, your right to use the Services is automatically revoked, and your Account will be closed.
You agree that Jobifinder is not a party to any Service Contract between Users. Consequently, you understand and acknowledge that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Service Contract or Project entered into between Users. If you attempt to terminate this Agreement while having one or more open Projects, you agree that (a) you thereby instruct Jobifinder to close any open contracts; (b) you will continue to be bound by this Agreement and the other Terms of Service until all such Projects have closed on the Site, and your access to the Site has been terminated; (c) Jobifinder will continue to perform those Services necessary to complete any open transaction between you and another User; and (d) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Service Contracts, whichever is later, to Jobifinder for any Services or such other amounts owed under the Terms of Service and to any Freelancers for any Freelancer Services.
Without limiting Jobifinder's other rights or remedies, we may revoke or limit access to the Services, deny your registration, or revoke your access to the Site and refuse to provide any or all Services to you if: (i) you breach any terms and conditions of this Agreement or any portion of the Terms of Service; (ii) we have a reasonable reason to believe that you have provided false or misleading information to us; (iii) we conclude that your actions may cause legal liability for you or others; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or re-register for a new Account without Jobifinder's prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law.
You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of Users' Account status to all Users, including you and other Users who have entered into Service Contracts with you. You, therefore, agree that if Jobifinder decides to temporarily or permanently close your account, Jobifinder has the right (but no obligation) where allowed by law to: (y) notify other users that have entered into Service Contracts with you of your closed account status, and (z) provide those users with a summary of the reasons for your account closure. You agree that Jobifinder will have no liability arising from or relating to any notice that it may or may not provide to any user regarding closed account status or the reason(s) for the closure.
These terms explain how we expect you to behave when you're using Jobifinder – whether you're a registered user or unregistered site visitor on our site.
About licenses and third-party content
Here we've included the conditions for using our site, which we do our best to keep running smoothly (1.1). That means we have the right to stop people from using our site and services if needed (1.2).
You can't use our intellectual property (1.3), but you can post your own content to Jobifinder. You're responsible for this content (1.4), and equally, we're not responsible for content you come across from other users (1.5). If you think someone is using something you've copyrighted, just let us know (1.6).
1.1 We let you use our site and services
Technically, we're giving you a 'limited license' to the site. Here's what that means.
We'll do our best to make sure our services are safe and working as they should, but we can't guarantee you'll have access continuously. In fact, we might even stop providing certain features or the services completely, and don't have to give notice if we do.
1.2 We can stop letting you use our services
We can take away your right to use our services at any time.
1.3 We keep the rights to our intellectual property
Using our services doesn't mean you can use any of our trademarks or other intellectual property, like copyrights and patents. We keep all of our rights to our intellectual property, even though we let you use our services.
Our logos and names are our trademarks and registered in certain jurisdictions. Any other product or company names, logos, or similar marks and symbols you see on Jobifinder may be trademarked by our partners or other users like you.
1.4 You can use Jobifinder to share your content with the world
1.4.1 You're responsible for what you post
You're responsible for how you use our site and anything you post on it. If someone makes a claim against us because of anything you put on the site, you agree to compensate us for our legal fees and expenses (the lawyers call this 'indemnification').
When you post content on (or through) our site or give us content for posting, you agree that you're completely responsible for that content and we're not. You also agree to only post or give us content that:
- you have the right to post
- is legal
- doesn't violate anyone's rights, including intellectual property rights.
- you acknowledge and agree that whoever posts content is responsible for any harm caused to anyone by that content – not Jobifinder – and that you'll compensate and defend us, our partners, employees, and representatives against any costs or legal or government action we have because of your content.
1.4.2 Other people have some rights to what you post
By posting content on the site, you give other people some rights to that content.
Whenever you post content on our site, you give us and our affiliates a permanent right (called an 'irrevocable and non-exclusive worldwide license') to use, edit, and share that content – across the world and without paying royalties. If your name, voice, and image appear in content you post, we also might use those on the site or in our day-to-day business. For example, if you're a freelancer, we might share your profile with clients we think could be a good match.
You also give each user and site visitor the right to access and use your content through the site. They also have the right to use, copy, and share your content – as long as they do it through the site, and follow both our Terms of Service and the law.
We might show ads near your content and information, without compensating you. Depending on choices you make in your profile, we might also include your name or photo when promoting one of our features.
1.4.3 We're open to your ideas
We'd love to hear your thoughts on improving Jobifinder. Here's what happens when you share them.
You can send us comments and suggestions about our services and ways to improve them. If you do, you're agreeing your ideas are free and unsolicited, and you don't expect or ask anything in return, unless we've specifically asked you for your ideas and offered something in return (we like to keep our word).
You agree we're free to use, change, and share the idea as we like, without being obligated to give you anything for it. And if you do send us an idea, you also agree that this doesn't affect our right to use similar or related ideas – including those we already have or get from others.
1.5 Third parties post on Jobifinder, too
Anyone else who uses our site is responsible for what they post or link on Jobifinder.
We're not responsible for the accuracy or reliability of any content shared by other people on our site, unless they're officially working for us when they share or post the content. Any content represents the views of the person sharing it, not Jobifinder.
Our site might also contain links or other access to third-party websites and applications. These sites and applications are owned and run by other parties, not Jobifinder. If we use a link or application that goes to a third-party website, it doesn't mean that we endorse it, and you agree that you use it without our endorsement.
1.6 You can make a copyright complaint
If you think content on our site infringes your rights, you can ask to have it removed.
We're committed to following SK copyright and related laws and need site visitors and users to follow them as well.
What you're allowed to do on Jobifinder
You can only use our services for work-related purposes and to learn from the information we share.
Jobifinder and its services are designed for business and professional use, not for personal or consumer purposes. Our marketplace facilitates users in finding each other, establishing working relationships, and facilitating payments for work done.
Additionally, some of our services provide informative and useful content, like our Jobifinder blog, which you are free to access. While we strive to provide timely and accurate information, there may be occasional errors. Therefore, please refrain from using this information as tax or legal advice, and always verify it independently.
What you're not allowed to do on Jobifinder
Certain uses of the site are strictly prohibited. Here, we provide more details about these prohibited activities, including:
- Posting unacceptable content
- You cannot offer, share, support, or search for anything that:
- Is illegal or defamatory
- Is violent, discriminatory, or harassing, either generally or towards specific individuals or groups (or encourages such behavior), including protected groups under the law
- Is sexually explicit or related to sex work or escort services
- In any way, involves child exploitation
- Infringes on any intellectual property rights, including copyrights
- Violates our Terms of Service, the terms of service of another website, or any similar contract
- Goes against professional or academic standards or policies, such as submitting someone else's work as your own or engaging in ghostwriting of essays, tests, or certifications
- Involves purchasing or requesting fake reviews or is connected to making or sharing misleading content, like 'deep fakes' or 'fake news,' with the intention of deceiving others.
Acting in a misleading or fraudulent way
You must not engage in any dishonest behavior or actions intended to deceive others on Jobifinder.
- Misrepresenting your experience, skills, or professional qualifications or those of others
- Using generative AI or other tools to significantly enhance your job proposals or work product if such use is restricted by your client or violates any third-party rights
- Impersonating or falsely attributing statements to any person or entity, including an Upwork representative or forum leader
- Falsely claiming or implying a connection to a person or organization, including Jobifinder
- Falsely claiming one freelancer will do a job when another will actually do it, including submitting a proposal on behalf of a freelancer who cannot or will not do the work.
- Honesty regarding work attribution is crucial.
- Allow someone else to use your account in a way that misleads other users
- Falsely claim someone else's work as your own
- We are particularly vigilant against fraud and misrepresentation related to payments. This means:
- Freelancers cannot fraudulently charge a client, including by:
- Falsifying hours, keystrokes, or clicks recorded in the Upwork app
- Reporting or billing time they haven't actually worked
- Reporting time worked by someone else and claiming to have done the work
- Demanding bribes or other payments without the intention of providing services in exchange for payment.
Clients cannot engage in payment-related fraud, including by:
- Posting jobs with payment terms that are objectively unreasonable or disproportionate to the requested services' scope
- Demanding services without the intention of providing payment in exchange for those services.
Treating others unfairly
Fair and legal treatment is essential on Jobifinder.
You cannot use Jobifinder to:
- Express an unlawful preference in a job post or proposal
- Unlawfully discriminate against someone
- Incite or encourage violence
- Post personal identifying information or other sensitive, private data about another person
- Spam other users with proposals or invites, including posting the same job multiple times at once and contacting people you connected with on Jobifinder outside the platform without their permission
- Demand or make bribes or payments for anything other than the work
- Ask for or demand free work, such as asking freelancers to submit work for little or no payment as part of a proposal bid or competition
- Request a fee in order to submit a proposal
- Request or provide services primarily concerning making purchases on behalf of another, including the purchase of cryptocurrency or NFTs.
Abusing our feedback system
You must use our feedback system honestly and fairly.
This means you cannot:
- Withhold payment or work until you receive positive feedback
- Exchange payment (or anything of value) for feedback, including with third parties
- Coerce another user by threatening negative feedback
- Use the system to share unrelated views, such as about politics or religion
- Offer or accept fake services to improve your feedback or rating score, a practice known as feedback building.
Other uses that aren't allowed
Jobifinder relies on technology and trust. Here's how we maintain these principles:
- You cannot copy, share, or give away your Jobifinder account. Multiple accounts are not allowed, and you cannot sell, trade, or transfer your account to anyone else without our permission.
- You cannot circumvent our platform. This includes not communicating with another user or asking for or sharing a means of direct contact outside of Jobifinder before agreeing to a service contract. Exceptions exist for Enterprise clients.
- You cannot promote other organizations, including advertising other websites, products, or services. Recruiting freelancers or clients to join another agency, website, or company on Jobifinder without paying a fee is also prohibited. Refer to Section 7 of our User Agreement for more information.
- You cannot interfere with our technology or tamper with our site or services. This includes not bypassing security features, compromising our systems or server security, using robots, spiders, scrapers, or similar mechanisms without written permission, collecting identifiable information, overwhelming the site with excessive information, introducing malware or harmful code, accessing our services through technology
At Jobifinder, we take our rules seriously. If you violate any of these terms, we reserve the right to suspend your account and prevent you from using our platform (4.1). Additionally, if you come across any user who is not following these rules, please inform us (4.2).
Upholding our rules
- While we cannot guarantee that we will take action against every violation, not taking action on one breach does not waive our right to take action against any future violations, regardless of their relation to the initial breach.
- If we suspect that there has been a breach of our rules, we have the discretion to terminate your access to our platform at any time. In such cases, your account will be disabled or closed, and you will no longer be able to use our services.
However, certain aspects will remain unaffected:
- Our rights to use and share your feedback
- Rights of our users and visitors to share your content.
- Your agreement to abide by all the rules.
Reporting rule violations
By reporting such violations, you agree to cooperate with our investigation and take reasonable steps to assist us in resolving the issue.