GREELANCE INC. TERMS OF SERVICE & USER AGREEMENT

Welcome to Greelance Inc. Platform. We provide our services through our website located at Greelance.com and related mobile applications (collectively the “Services”). Before using our services (“Greelance Inc. Platform”) please read the Terms of Service & User Agreement carefully along with any other policies or notices as may be updated from time to time on Greelance Inc. website or mobile application together these materials contain terms, rules, and guidelines related to the use of our platform. By agreeing to our Terms of Service & User Agreement, you agree to comply with our code of conduct. By checking the “I Agree to the Terms of Service & User Agreement” or accessing or using any part of our platform or before initiating any transaction on our platform the user agrees to be bound by these Terms of Service & User Agreement. These Terms of Service & User Agreement are created between (you or user) and Greelance Inc. (we or us). If at any point in time the Terms of Service & User Agreement along with the Privacy Policy are not acceptable to the user then the user shall cease the use of our platform immediately and shall not access any part of our platform in any manner.

ACCOUNT TYPES:

We offer a number of services under different account types. The user shall have an option to register as a Freelancer Account, Agency Account, or a Client Account. The user agrees to register one account only (each for Freelancer, Client, and Agency) on our platform without our express written permission. If we find duplicate accounts at any time, we reserve our right to either temporarily suspend the account till the duplicate account is not deleted by the user or in some circumstances terminate the account of the user at our sole discretion. 

CLIENT ACCOUNT:

The use of our Services requires the user to create a Client Account with Greelance Inc. (“Account”). The User (Individual/ Entity) warrants and represents that the information provided by him/her/it when creating such an Account is current, complete, and correct. The User agrees to immediately inform Greelance Inc. of any changes to his/her/its information so that the information in his/her/its Account remains current, complete, and accurate. The User also warrants and represents that he/she/it understands that no Account will be fully created until he/she/it confirms his/her/its email address, mobile number, and tax identification number/ EIN/incorporation certificate, in a manner deemed suitable by Greelance Inc. Platform. The User agrees and takes the responsibility that he/she/it exclusively will access and use his/her/its Account, and may not transfer the right of its use or disclose any log-in particulars to a third party without the prior written consent of Greelance Inc.. The User also agrees to take full responsibility for any activity that occurs through the use of his/her/its account, and cannot transfer this obligation to any third party. The User agrees to notify Greelance Inc. if he/she/it discovers or suspects any security breaches or vulnerabilities related to the Site or Services.  No Client shall allow any third party except an authorized individual to create an account on behalf of the business. By creating an account, the Client agrees to be authorized and responsible for its/his/her acts done and the applicable violations.

FREELANCER AND AGENCY ACCOUNT:

The User can register as a Freelancer or as an Agency Account. The Agency Account shall be linked to the main Freelancer Account with a provision to allow permission for other Freelancers to act as members of the Agency at the sole discretion of the Freelancer. The Freelancer shall be solely responsible for making payment to the Agency members as per applicable law, mutual discussion, and work performed by the Agency member. The Agency may determine the visibility of the profile and the information to be shared with the other platform users. The Agency profile may display the work history done by the Agency member under the Agency Account. No user shall allow any third party except an authorized individual to create an account on behalf of the business. By creating an account, the Freelancer/Agency agrees to be authorized and responsible for its/his/her acts done and applicable violations.

IDENTITY VERIFICATION – CLIENT, AGENCY & FREELANCER:

For the smooth functioning of our platform and in order to avoid illegal Money Laundering/ Terrorism Financing activities, the identity of the users shall be verified through its/his/her Government issued ID proofs and any or other biometric face recognition or similar methods. The User agrees that this act is necessary in order to protect the interest of the Users of our platform. The User shall have to provide the requested information within a certain time frame as may be given by Greelance Inc. and failure to provide the information within the given time frame may lead to the temporary suspension of the account till the time the documents are not submitted with Greelance Inc. During verification and till its success, some account features of the Greelance Inc. platform may be limited and once the user is successfully verified, the user will be able to access all the features of the Greelance Inc. platform.

AML/CFT COMPLIANCE: Greelance Inc. shall issue guidelines from time to time to comply with the Rules and Regulations framed by FinCEN, SEC, and Federal and State AML/CFT Authorities. All Greelance Inc. Platform Users shall be duty-bound to comply with the Rules and Regulations issued by FinCEN, Federal and State Authorities pertaining to Anti-Money Laundering and Countering the Financing of Terrorist Activities. In case any of the Clients/Freelancers/Agencies feel suspicion about the act of any User, he/she/it should immediately report it to the AML/CFT Compliance Officer of Greelance Inc. at email id compliance@greelance.com .

REGISTRATION AND ACCEPTANCE:

In order to use our Platform, the User must be over the age of 18 years or older (or has otherwise reached the age of majority) in the applicable jurisdiction. The user, in order to avail of our Services through our platform on the effective date, after accepting the Terms of Service & User Agreement along with Privacy Policy and other policies shall have to register on our platform as a registered user. Subject to our Terms of Service & User Agreement some parts of our platform may be available to the user without registration, however, if the user wishes to avail of all our services, then registration is mandatory. Greelance Inc. in no way solicits any user to register on our platform and the same shall be at the free will of the user. 

If you create an account on behalf of any other person whether natural or artificial, you warrant that you have the authority and eligibility to bound that third party into binding contracts including the Terms of Service & User Agreement. If you have any questions, comments, or suggestions in relation to this Terms of  Service & User Agreement, please send us a message on our email Id  compliance@Greelance.com . If you do not agree to the Terms of Service & User Agreement or any updates thereto, you should not use/avail of our services. Your continued use of our platform shall mean that you have accepted all the routine amendments to the Terms of Service & User Agreement and Privacy Policy. Greelance Inc. reserves the right not to accept or reject the registration of some users at its sole discretion.

ELIGIBILITY:

In order to be eligible to use our platform and register an account with us, the User warrants that :

  1. The use of the platform shall be in compliance with the Terms of Service & User Agreement.
  2. That the user is not barred by any other agreement or applicable laws for the use of our platform.
  3. That the user has got all the licensing or other requirements, if any, required as per the provisions of the applicable law of the respective State of the US or Country.
  4. That the user is eligible and can bound himself/herself/itself by the Terms of Service & User Agreement.
  5. If registering on behalf of any other person or entity then is authorized to act on their behalf.
  6. That the user is not creating an Account at Greelance Inc. Platform to do any act of Anti-Money Laundering or Terrorist Financing.

USER PROFILE:

To avail of all our services, the User shall have to create an account on our platform and complete a user profile. By creating an account, the user consents to share all the profile details publicly with other users unless the user selects the private option in the account settings. By registering the User agrees to provide us with true and reliable information and the User shall be solely responsible for any kind of misrepresentation of the given information, identity, skills, location, etc. The User also agrees not to infringe the Trademark/Patent/Copyright of any other Entity/Individual and shall not post any material, picture, video, blog, comments, or profile which does not belong to it/him/her. If any such misleading information comes into our knowledge, we reserve a right to terminate the account of the user with immediate effect. The User shall not be eligible to recover any kind of loss or damage that occurred on account of the termination of the account by Greelance Inc. We may request you to provide additional information such as proof of your identity, physical address, and source of funds at any time to comply with any Federal or State Rules & Regulations. 

USERNAME AND PASSWORD:

For safety and to access the account, the User shall have to create a Username and a dedicated password. The User solely shall be responsible for maintaining the confidentiality of the username and password. The User agrees not to share the credentials with any person except where it is necessary as the account holder is not a natural person. If at any point in time, it comes into the knowledge of the User that the credentials have been compromised, the User shall immediately reset the password with a new secured password. Greelance Inc. shall not be responsible for any loss caused to the User due to improper handling of our platform credentials in any manner.

USE OF GREELANCE INC. PLATFORM:

Greelance Inc. is a platform where Clients and Freelancers/Agencies identify each other and avail suitable services. We do not introduce any Freelancer/Agency to any Client and the Freelancer/Agency shall apply his/her/its free mind before working for any Client and is advised to evaluate all the aspects of any project. If the user decides to enter into a contract then the contract is directly between the users and Greelance Inc. is not a party to that contract. None of the Greelance Inc. Platform users shall have the right to implement Greelance Inc. as a Party to the dispute arising among the Platform Users in any Court of Law or Enforcement Agencies.

The Users acknowledge and agree that they have their sole discretion to accept or reject any project/ contract, the type of service to be provided, the price to be charged, and the time frame for delivery of the services. The User agrees that at no point in time, the user is an employee of Greelance Inc. and is not eligible for any of the rights or benefits of employment including Unemployment or Worker Compensation.

Greelance Inc. has no control over the quality of the services which shall be rendered by any Freelancer or Agency. The Users shall solely be responsible for negotiating the terms or conditions of the service contracts and for performing or availing Freelancer/Agency services. The Users agree that Greelance Inc. has no control over the work evaluation of the Freelancers/Agencies and is not responsible for any service contract. The User agrees not to hold Greelance Inc. responsible for the quality of Freelancer/Agency services. Greelance Inc. may provide certain advantages or memoranda to certain Freelancers/Agencies but that in no way makes any implied warranty of quality standards which shall be provided by any Freelancer/Agency. The Users are solely responsible for analyzing all the prospects of the project before accepting it. The User further acknowledge, agree, and understand that : (1) Greelance Inc. does not, in any way, supervise, direct, or control any Freelancer/Agency services; does not impose quality standards or a deadline for completion of any Freelancer/Agency Services; and does not dictate the performance, methods or process Freelancer/Agency uses to perform services; (2) the user is not an employee of Greelance Inc., and the user is not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation and/or insurance); (3) Freelancer/Agency is free to determine when and if to perform Freelancer Services, including the days worked and time periods of work, and Greelance Inc. does not set or has any control over Freelancer’s pricing, work hours (except time calculation system), work schedules, or work location, nor is Greelance Inc. involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Freelancer/ Agency for a Project; (4) Greelance Inc. will not have any liability or obligations, including under or related to Service Contracts and/or Freelancer/Agency Services for any acts or omissions by you or other users; (5) Greelance Inc. does not provide Freelancers/Agency with training (except with specific adopted course) or any equipment, labor, tools, or materials related to any Service Contract; (6) Greelance Inc. does not provide shipping services for any physical Work Product. (7) Freelancer/Agency will be paid at such times and amounts as agreed with a Client in a given Service Contract, and Greelance Inc. does not, in any way, provide or guarantee Freelancer/ Agency a regular salary or any minimum, regular payment; (8) After agreeing with their Client, Freelancers/ Agencies may use subcontractors or employees to perform Freelancer Services by delegating work on fixed-price contracts or by agreeing with their Clients to have hourly contracts for Freelancer’s subcontractor(s) or employee(s); (9) Greelance Inc. does not provide the premises at which Freelancers/Agency will perform the work. If a Freelancer/Agency uses subcontractors or employees, Freelancer/Agency further agrees and acknowledges that this Section doesn’t apply to Greelance Inc.’s relationship, if any, with Freelancer’s/Agency’s subcontractors and employees as well as Freelancer/Agency is solely responsible for Freelancer’s/Agency’s subcontractors and employees.

TAXES ON G-20 NATIONS:

All the Greelance Inc. Platform Users agree that they independently are responsible for payment of all the tax liability associated with all the payments received, due, and accrued through the use of our platform. The User shall personally be liable at his own level to obtain any unemployment or worker compensation, health, or any other insurance needed as is required by law. The Users agree that Greelance Inc. is not bound and shall not take any insurance policy for the users. The User shall determine and personally pay any VAT/ GST/ ST/ IT/ HST or similar taxes as may be applicable. If the user is outside of the United States, the user shall inform us if the rules of that country warrant us to withhold any percentage share of the amount received through our platform. At any point in time, we may require the tax receipts from the user and the user agrees to cooperate with us and supply the same promptly. Greelance Inc. is authorized to charge applicable taxes from its Platform Users and deposit it with the concerned Tax Authorities if any of the IRS laws make it mandatory.

GREELANCE INC. DOES NOT PROVIDE ANY TYPE OF ADVICE:

The Services provided by Greelance Inc. in no way be considered legal, financial, or any other kind of expert and professional advice on which the User might depend, causing liability against Greelance Inc.. While using Greelance Inc. Platform, the User warrants and represents that as regards the option of Token/Coin/NFTs for the Client/Freelancer/Agencies, User has taken legal, financial, or expert advice from an expert, or else the Freelancer/Agency has the sufficient knowledge to assess and evaluate the risks and benefits connected with Token/Coin/NFTs offerings and to use our Services. We do not give a warranty regarding the suitability of our services or Token/Coin/NFTs offerings and also do not owe a fiduciary duty to you. Further, any statement or recommendations given by Greelance Inc. or its employees or other users be considered generalized in nature and their own judgment should be used or the expert advice is sought before taking any action on the basis of the statement. We do not give any assurance about the accuracy of any of the statements given by the employees of Greelance Inc. or other users.

USER POST CONTENT AT ITS/HIS/HER OWN RESPONSIBILITY: 

Greelance Inc. does not claim ownership of your Content. However, when you make available your content on or through the Platform, you represent that you own and/or have a royalty-free, irrevocable, worldwide, license to use, reproduce, modify, distribute, perform and display your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, for the purpose of providing the Platform. On receipt of any information or notice of infringements, Greelance Inc. has full authority to remove the said material from its platform and/or to suspend the account of the user who infringes any other party-owned material. Greelance Inc. shall not be responsible for the posting of illegal content posted by the User and the User shall personally be responsible for any illegal and unauthorized posting.

WORK CONTRACT:

The Client and the Freelancer/ Agency shall enter into a service contract of their own free will and subject to the terms which may be decided by the Client and the Freelancer/Agency. The Client and the Freelancer/Agency have their complete discretion in relation to the contract and the service terms contemplated therein. Greelance Inc. shall have no control over the contract entered into between the parties and the relationship created thereto. By entering into a contract under no circumstances the users shall be considered as employees of Greelance Inc. and no kind of work relation, partnership, or joint venture shall be created between the parties. With respect to the contract, the Client and the Freelancer/Agency, if any of them deem fit or necessary may enter into the following agreements namely non-disclosure agreement, non-solicitation agreement, confidentiality agreement, transfer of intellectual property rights agreement, etc. provided these agreements shall not violate the Terms of Service & User Agreement of Greelance Inc. including but not limited to taking off contracts on any third-party platform.

CLASSIFICATION OF WORKFORCE:

Nothing contained in this Terms of Service & User Agreement shall be construed to create any kind of employer-employee, Joint Venture, Franchisor-Franchisee, or Partnership relationship between Greelance Inc. and the users. The Client shall have the sole discretion either to hire someone or not. Also, the term of the hire shall be in the hands of the Client. Greelance Inc. is just a facilitator and the final decision to hire someone is with the Client. The Client agrees that after analyzing everything and doing a proper check, the Client shall hire the Freelancer/Agency and Greelance Inc. shall not be liable for anything.  The Client accepts that the engagement of the Freelancer/Agency shall comply with the applicable laws and rules and the Client solely shall be responsible for compliance with the same. Greelance Inc. has no control over the worker classification and shall have no liability arising from or relating to the classification of a Freelancer/Agency. 

PAYROLL SERVICES:

If a Client offers and appoints any of the Freelancers/ Agency on a regular payroll basis, an employment relationship would arise between the Client and Freelancer/Agency and thus, the Client agrees to enroll in Greelance Inc. under terms and conditions and including, if applicable, Freelancer/Agency is subject to taxation under IR35 (unless Client elects instead to pay the Conversion Fee). When the Client enrolls in Greelance Inc. Payroll, the Client will engage Greelance Inc.’s third-party staffing vendor, duly referred and approved by Greelance Inc., through the Site. The Staffing Provider will hire Freelancer/Agency at the request of the Client and Freelancer/Agency according to the terms described on the Site from time to time and otherwise agreed to by the Staffing Provider and Client and/or Freelancer/Agency, and subject to the Greelance Inc. Payroll Agreement terms and conditions updated at the Greelance Inc. Platforms from time to time. For all purposes with Greelance Inc. Payroll, the employer of a Freelancer/Agency, will be the Staffing Provider or Client and not Greelance Inc. under any circumstances. Freelancer/Agency will not have any contract on the Site or contact with Greelance Inc. regarding such employment terms. Where a Freelancer/Agency and Client have enrolled in Greelance Inc. Payroll, the Site is provided for, and Users agree to use the Site for, the sole purpose of enabling a Freelancer/Agency to communicate with the Client and the Staffing Provider.

Greelance Inc. acknowledges and agrees that Greelance Inc. will neither have any role in the selection of any employee, rate of pay, working hours, dates of employment, and working conditions nor will have any control over, or involvement in determining or influencing, the terms and conditions of any employment relationship that may arise between Freelancer/Agency and Staffing Provider or Client. 

INDEMNIFICATION:

You as a Client/Agency/Freelancer agree to indemnify and hold harmless Greelance Inc., its officers and directors, employees and its affiliates and their respective successors and assigns, and each other person, against any loss, liability, claim, damage and expense whatsoever including, but not limited to, any breach by you of these Terms of Service & User Agreement or violation of any law, rule, or rights of a third party. You agree to pay for any legal fees or other costs that are incurred by Greelance Inc. or any other indemnified parties as a result of your actions.

COPYRIGHT OF COMMUNICATION, MATERIALS, OR INFORMATION TRANSMITTED IN RELATION TO OUR SERVICES:

Greelance Inc. will own all intellectual property rights to such communications, materials, or information transmitted to you in any form and by any means and thus, can use or disseminate them for any legal purpose, commercial or otherwise, without informing or giving compensation to you.  You hereby waive any right to litigation or recovery for damages caused by the use of this information as is permissible by law.

FEES AND OTHER PAYMENTS: 

The Users agree that Greelance Inc. bears a substantial amount of expenditure in providing the platform and the services to the users and in lieu of the same, Greelance Inc. collects certain fees from the platform users. The same is defined in the Greelance Inc. Membership Agreement whose link is given at the end of this Agreement. Greelance Inc. Platform Users agree and admit that they have read the terms and clauses mentioned in the Greelance Inc. Membership Agreement and the same is binding upon them. All users further agree and undertake that Greelance Inc. reserves its right to amend or delete any clause, terms, and conditions mentioned in the Greelance Inc. Membership Agreement.

WITHHOLDING OF TAXES:

The applicable laws may require Greelance Inc. to collect Taxes including VAT, GST, Sales Tax, or any other tax in the jurisdiction of the Client/ Freelancer/ Agency. The User irrevocably consents and allows Greelance Inc. to collect and withhold such applicable tax in addition to the fees owed to Greelance Inc.. 

NON-CIRCUMVENTION:

Notwithstanding anything contained in the Terms of Service & User Agreement, the User agrees to make and receive payments through Greelance Inc. only in accordance with the Terms of Service & User Agreement. This clause shall be applicable to all relationships made through our platform. The User agrees that our platform shall be the exclusive way to receive requests or to make payments for all the services availed and the period of 24 months from the date of first interaction shall be referred to as the non-circumvention period. For clarification, if the users did not meet through our platform or were known to each other, then the non-circumvention period shall not apply. However, this shall not limit Greelance Inc. rights when the platform user comes into contact with a known person through applying for any freelance jobs/posting. The Users agree to do any/all conversations on our platform only before the user is hired and in no way shall share any third-party links for communication.   For the first 24 months, all the transactions shall be done through our platform only, however, after the expiry of 24 months, the users shall have an option (at the sole discretion of Greelance Inc.) to take the relationship outside of our platform by paying a certain amount of money which shall be known as Client transfer fees, which shall be estimated by Greelance Inc. from project to project.

The User agrees not to ;

  1. Receive or make payment in any manner other than through our platform.
  2. Bill a lower amount than actual and receive the remaining payment through any outside source.
  3. Solicit any Client/party to make the payment outside of our platform.
  4. Refer a Client to any third party for making or receiving payments. 

The User agrees to notify Greelance Inc. immediately if any person suggests making or receiving payment outside of our platform. The user can submit the report at compliance@Greelance.com . The User acknowledges that violation of provisions of this clause is a material breach of the Terms of Service & User Agreement. The users’ access to the service may be temporarily or permanently suspended at the sole discretion of Greelance Inc.. If the platform use charges are not acceptable to any user, the User should immediately stop using our platform.

SERVICE CONTRACT PAYMENTS:

Fixed Price Contracts;

The Freelancer/Agency and the Client shall have a right to convert their relationship into a mutual fixed-price contract. The Client shall be responsible to pay the applicable amount immediately before sending a fixed price offer for the full amount. When a Client sends the offer, the Client irrevocably authorizes and instructs Greelance Inc. to charge the Client’s payment method for the contract offer sent. On submission of the work to the Client, the Fixed-Price Contracts need to be approved. On approval of the work by the Client, Greelance Inc. shall release the payment to the Freelancer/Agency after a period of 4 days.

 Hourly Contracts;

In the hourly contracts of Freelancer/ Agency, Greelance Inc. will send an invoice to the Client on weekly basis and the Client will release the payment as per the invoice. When the payment invoice for hourly work is approved by the Client, the Client automatically authorizes Greelance Inc. to charge the Client for the fees of the Freelancer/Agency. In all the Hourly Contracts, the Client shall have 4 days review period after the expiry of each week to raise any objection. After the expiry of 4 days, Greelance Inc. shall release the payment to the Freelancer/Agency after the expiry of the next 4 days.

RELEASE:

Greelance Inc. shall in no circumstances be liable for any dispute which may arise between the users of our platform. Greelance Inc. disclaims any and all such liabilities. The user agrees and hereby releases all our directors, subsidiaries, employees, agents, successors, assignees, and investors from all claims, losses, damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. To the extent applicable, the Users hereby waive the Protections of California Civil Code Section 1542 and any analogous law in any other applicable jurisdiction. Greelance Inc. is just a platform for all its users to collect and release payments for Greelance Inc. Platform Users.

Hourly contracts;

Freelancer/Agency fees shall be available to Freelancers/Agency after the expiration of a four days dispute period followed by a four days security period.

Fixed price contracts;

Freelancer/Agency fees shall become available following the expiration of the four days security period once the Milestone is approved by the Client.

Greelance Inc. in its sole discretion may withhold funds of the users, and may refuse to process the applicable funds in the following but not limited to these conditions:

  1. Where Greelance Inc. believes that user funds may be disputed.
  2. Where there is a suspicion that the user has committed any kind of fraud.
  3. Where it is necessary to withhold the funds for want of investigation, as per applicable law, or want of necessary documents from the user.
  4. Where the activity looks suspicious as described in AML/CFT guidelines by FinCEN.
  5. Where any required Form is pending to be received from its Users.

NON-PAYMENT:

If at any point in time, the Client fails to pay any due amount to the Freelancer/ Agency, Greelance Inc. shall not be held liable for the same in any manner. Greelance Inc. at its sole discretion may revoke a Client’s access to the platform and the Client shall remain responsible for any amounts that are accrued. Freelancer/Agency on its own or Greelance Inc. will try to recover the same from the Client and be entitled to interest on the due amounts at the rate of 2% (two percent) per month or the maximum interest allowed by the applicable law.

Greelance Inc. does not guarantee that the Client shall be able to pay the Agency/ Freelancer’s contractual fees and Greelance Inc. shall not be liable if the Client defaults to the Agency/ Freelancer’s contractual fees. If Greelance Inc. recovers the funds from the Client, then notwithstanding anything, Greelance Inc. shall be entitled to recover reasonable attorney fees and expenses from the recovered amount.

NO RETURN/CHARGEBACK:

The Client agrees that Greelance Inc. may charge the Client’s applicable payment method and once the charge has been done, the same shall be non-refundable. If the Client does a chargeback, the same shall be a material breach of our terms, and Greelance Inc. reserves the right to dispute such chargeback. Greelance Inc. further reserves its right to delete the account of the Client from its platform.

PAYMENT METHODS:

Greelance Inc. platform users agree and admit that they have read Greelance Inc. Fee and ACH Authorization terms and conditions. All the users further agree that they are bound with the said Agreement after accepting Greelance Inc.’s terms of the Service & User Agreement.
In order to use our platform, Clients must provide Greelance Inc. with a valid payment method. The Client hereby authorizes Greelance Inc. to run card/payment authorizations provided by the Client, and to store/save payment methods and other financial details as may be required. The Clients agree that Greelance Inc. may use third-party providers for the payment gateway. By providing the payment method, the Client agrees that the Client is legally authorized to make a charge on the provided payment method. In case of payment by a Company/Corporation/LLP then the Client is authorized by the entity. The Client agrees to keep the necessary funds in order to discharge its liability as may be applicable.

US DOLLARS AND FOREIGN CURRENCY:

The Greelance Inc. platform operates in US Dollars. If a payment is in a currency other than US dollars, then foreign currency conversion rates shall apply. The rates vary as per the market and Greelance Inc. has no control over the same. The rates at which we shall make the transfer shall be more or less than the actual currency conversion rates as may be applicable. If the payment is to be made in any currency other than the US dollars and the conversion of the same is not possible, Greelance Inc. shall make a charge as per US dollar only. The payment provider may charge any additional fees on the transactions as may be applicable and shall be at the sole discretion of the payment provider.

CONTENT ON THE PLATFORM:

Types of Content; 

User, and not Greelance Inc., is solely responsible for all the content that you post, upload, or otherwise make available through the Platform, and other users of the Platform, and not Greelance Inc., are similarly responsible for all the content they make available through the Platform. 

Storage;

Greelance Inc. has no obligation to store any user content that it/he/she makes available on the Platform. Greelance Inc. has no responsibility or liability for the deletion or accuracy of any content, including users’ Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications which may originate with or involve the use of the Platform. Users agree that Greelance Inc. retains the right to create reasonable limits on Greelance Inc.’s use and storage of Content, including Users’ Content. Users are solely responsible for applying the appropriate level of public access to their Content. If users do not choose privacy for its/his/her profile, the system may default to its most permissive setting. 

No Obligation to Pre-Screen Content;

Greelance Inc. reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into this Agreement, Users hereby provide their irrevocable consent to such monitoring. Without limiting the foregoing, Greelance Inc. shall have the right to remove any content that violates this Agreement or is otherwise objectionable. Greelance Inc. does not approve, endorse or make any representations or warranties with respect to users’ content. Greelance Inc. is not responsible for and does not control users’ content. Users use all user content at their own risk and responsibility of being sued for any infringement. 

Ownership of the Platform; 

Users will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform. Users agree that Greelance Inc. and its licensors own all rights, title, and interest in the Platform (including, but not limited to, any computer code, themes, objects, methods of operation, moral rights, and documentation). Except with respect to users’ Content, users agree that they have no right or title in or to any Content that appears on the Platform. 

License to User’s Content;

Please remember that other users may search for, see, use, and reproduce any of Your Content that you submit to any “public” area of the Platform. Subject to any applicable Account settings that you select, you grant Greelance Inc. a fully-paid, royalty-free, perpetual, irrevocable, worldwide, license to use,  distribute, reproduce, modify, and publicly display, user’s content (in whole or in part) for the purposes of operating and providing the Platform to the user and our other users. 

Users’ Account;

Users acknowledge and agree that they shall have no ownership or other property interest in their Account, and they further acknowledge and agree that all rights in and to their Account are and shall forever be owned by and inure to the benefit of Greelance Inc.

Username; 

Users hereby expressly permit Greelance Inc. to identify them by their username as the contributor of their content in any publication in any form, media, or technology now known or later developed in connection with their content. 

Feedback;

Users represent and warrant that they have all rights necessary to submit the Feedback. Users agree that submission of any ideas, suggestions, documents, and/or proposals to Greelance Inc. through its suggestion, feedback, or similar pages (“Feedback”) is at their own risk and Greelance Inc. has no obligations (including without limitation to its obligations of confidentiality) with respect to such Feedback. 

Reviews; 

The Platform hosts content that is related to reviews of certain users. Such reviews are opinions of others and are not the opinion of Greelance Inc., have not been verified by Greelance Inc., and each user should undertake his or her own research to be satisfied concerning any specific user. Users agree that Greelance Inc. is not liable for any such Content. 

COMMUNICATION THROUGH PLATFORM ONLY:

Before entering into the contract, the user agrees to use Greelance Inc. as a sole way of communication. The user shall not provide any means of direct contact details. The user shall not try to contact the Freelancer/Agency outside the platform. Direct contact means any information that will enable any user to find a particular user outside the platform. The users shall not try to contact anyone through any social media platform. 

ESCROW SERVICES:

For the safety of the users and where applicable, the funds of the users shall be kept in an escrow account by Greelance Inc.. Greelance Inc. escrow shall release the funds to the Freelancer/Agency as per the terms of service for hourly and fixed-price contracts. 

Escrow Accounts;

Greelance Inc. shall release the funds as shall lie in the escrow account in accordance with the applicable instructions. Generally, the following escrow accounts may be maintained by Greelance Inc..

Client Escrow Account;

Once the Client enters into a service contract, the payment as may be applicable is charged from the Client’s payment method and shall be deposited into the Client’s escrow account.

Freelancer/ Agency Escrow Account;

After entering into a service contract, a Freelancer/ Agency Escrow Account shall be created to receive payment for projects, withdraw payments, and make payments to Greelance Inc..

Fixed Escrow Account;

Whenever the Client and the Freelancer/Agency enter into a fixed-price contract, the funds may be withheld in the fixed escrow account and shall be released upon successful completion of the contract by the Freelancer/Agency.

No interest;

The Client and the Freelancer/Agency agree not to receive interest or any kind of earnings on the funds held in the escrow account.

TITLE TO FUNDS:

Greelance Inc. and its affiliates are not banks. Greelance Inc. maintains all Escrow Account funds in an escrow trust account at a bank insured by the Federal Deposit Insurance Corporation and approved to receive, hold and deliver escrow funds under applicable laws and regulations. The escrow trust account is separate from the operating accounts of Greelance Inc. and each of our Affiliates. Greelance Inc. Escrow will not voluntarily make funds deposited in the escrow trust account available to its creditors, or the creditors of its Affiliates, in the event of a bankruptcy, or for any other purpose. As provided in United States Bankruptcy Code, Section 541(d), Greelance Inc. escrow holds only legal title to, and not an equitable interest in, the escrow trust account and any funds deposited therein. 

LIABILITY:

In no way Greelance Inc. shall be liable for any liability arising from the use of the platform including but without limitation any loss arising on account of loss of data, income or any damages for personal or bodily injury or distress which may arise through the use of our platform. 

Certain jurisdictions do not allow the exclusion of certain damages and if these laws apply to the user, all the exclusions or limitations may not apply to that user and the user might be eligible for additional rights as per applicable law.                                               

Greelance Inc. shall not be liable and the User agrees not to hold us liable for any of the followings ;

  • Inability to use our platform due to down time.
  • For any loss suffered on account of use or non-use of our platform.
  • Suspension/termination of the account of the user.
  • Any loss suffered due to compromised passwords or when the user shares the confidential credentials with any person.
  • If the user falls for any fraud on our platform.
  • The users’ reliance on the profile ratings or any feedback.
  • Loss of income/profits due to non-use of the platform due to any technical issue.
  • Suspension of suspicious accounts in view of AML/CFT guidelines.

APPLICABLE LAW AND VENUE:

The validity, interpretation, and performance of these Terms, and all acts and transactions in pursuance hereto and the rights and obligations of the parties hereto shall be governed, construed, and interpreted in accordance with the laws of Georgia, without giving effect to principles of conflicts of law. If any provision of these Terms of Service & User Agreement is held to be invalid under any applicable law, the other provisions or parts will remain in full force and effect and those provisions will be superseded or modified only to the extent such provisions are invalid. The parties consent to the personal jurisdiction of the federal or State Courts in Georgia, in case of any dispute arising out of or related to your use of the Services or your breach of these Terms. 

 TIME LIMITATION ON CLAIMS:

You agree that in case you may have any claim arising out of or related to your relationship with Greelance Inc. that must be filed within one year after such claim arises, otherwise, your claim is permanently barred.

TERMINATION:

Either the User or Greelance Inc. can terminate this Agreement at its sole discretion at any time with written notice to the other. The written notice can be provided by email. In the event the user terminates this Agreement, the right of the user to use our platform shall be automatically ceased and the user account will be closed.  If the user terminates this Agreement and has open contracts on our platform the user hereby gives us an irrevocable right to close/end those contracts and Greelance Inc. in any way shall not be liable for any loss suffered by the user due to such closure of the contract. The user acknowledges that there shall be no right to resume the prior ended contracts and the same can be done by the Client only if he/she/it wishes to rehire the Freelancer/ Agency at sole discretion. Closure of open active contracts may lead to losses to be suffered by the Client and the Freelancer/Agency agrees to indemnify the Client for any/all losses suffered due to the Freelancer’s/Agency’s termination of this Agreement. 

Without limitation, Greelance Inc. may temporarily or permanently restrict the user access to our services, deny registration if the user does not conform with the Terms of Service & User Agreement or the user provides us with false information, infringe any Trademark/Copyright, Breaches AML/CFT guidelines, or if the user has been criminally impeached. If Greelance Inc. decides to temporarily or permanently close the Freelancer’s/Agency’s account, we shall have a right to provide the information to the Clients with whom the Freelancer/Agency had entered into contracts with a summary of reasons for the closure of the account. Greelance Inc. shall not be responsible for any liability which may arise on account of termination of the account of the Freelancer/Agency.                                                          

If the account of the user is closed/terminated/suspended for any reason then the user shall no longer be able to access the account or the information kept on our platform and upon closure of the user account any or all data associated with that account may be deleted at the sole discretion of Greelance Inc..

SUBMISSIONS:

You acknowledge and agree that any information, questions, suggestions, comments, ideas, or feedback regarding the Site provided by you to us is not confidential and the same shall become our property. We shall own all the rights exclusively, including all intellectual property rights, and shall be entitled to its use without any restriction and dissemination of these submissions for any lawful purpose, commercial or otherwise without any acknowledgment or any kind of compensation to you.

You hereby warrant that any such submissions are original with you, waive all moral rights to any such submissions and that you have the right to submit such Submissions. You agree that there shall be no recourse against us for any misappropriation, alleged or actual infringement of any proprietary right in your submissions.

DISPUTES:

Disputes may occur at any time between Greelance Inc., Freelancer/Agency, and Client in relation to the use of our platform for contracts, digital wallet, coin offering, and NFTs. The parties agree that they will try to resolve the dispute first through mutual discussions and the mediation procedure. However, if the mutual dispute resolution process fails then the parties shall submit the dispute and resolve the same through arbitration instead of going to the court or using a jury trial. All the users hereinafter relinquish their right to a jury trial. 

The dispute covered under the Arbitration shall include but not limited to the Terms of Service & User Agreement, the Platform, any contract, any payment, any claim, compensation, classification, minimum wage, unfair competition, false advertisement, break period, termination, discrimination, harassment, civil claims, criminal claims arising under the Civil Rights Acts of 1866 and 1871, Civil Rights Act of 1991, Wage Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Defend Trade Secrets Act of 2016, Genetic Information Non-Discrimination Act, Worker Adjustment and Retraining Notification Act, Civil Rights Act of 1964, Rehabilitation Act, the Pregnancy Discrimination Act, Americans with Disabilities Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance, Affordable Care Act, Uniformed Services Employment and Reemployment Rights act, Older Workers Benefits Protection Act of 1990, False Claims Act, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, state statutes or regulations addressing the same of similar subject matters, and all other federal or state legal claims arising out of or relating to your relationship with Greelance Inc. or the termination of that relationship.

Disputes between the parties that may not be subject to a pre-dispute arbitration agreement as provided by the Consumer Protection Act and Dodd-Frank Wall Street Reform or as provided by an Act of Congress or lawful, enforceable Executive Order, are excluded from the coverage of this Agreement. 

Mutual Dispute Resolution – The Users agree that before submitting a claim with the arbitration, the user shall be bound to mutually settle the dispute first through mediation and all such notices for mutual dispute resolution shall be sent on compliance@Greelance.com . Reasonable efforts shall be done by Greelance Inc. and if possible the disputes may be settled through a mutual dispute resolution process only. However, submission of notice to Greelance Inc. for mutual dispute resolution does not mean that a particular dispute shall be settled mutually.

GENERAL CONDITIONS:

ENTIRE AGREEMENT;

This Agreement embodies the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous negotiations, proposals, contracts, understandings, inducements, and conditions whether express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof or thereof to the extent inconsistent with or contradictory to this Agreement or such other agreements.

MODIFICATIONS WAIVER;

Any waiver, change, modification or amendment of any of the provisions of this Agreement by Greelance Inc. shall be valid.

PARTIES;

Greelance Inc., Clients, Freelancers and Agencies shall individually be referred as a “Party” and jointly be referred as “Parties”.

SITE;

Site represents all Platforms of Greelance Inc. in the shape of Website, App, Application, Digital Wallet App, Android App, IOS App or any other kind of Platform provided to the Users by us.

ASSIGNABILITY;

This Agreement shall be binding upon, and shall be enforceable solely to the benefit of, the Parties and their respective successors and permitted assigns; provided, however, that neither this Agreement nor any of a Party’s rights or obligations hereunder may be assigned or delegated by such Party without the prior written consent of the other Party, and any attempted assignment or delegation of this Agreement or any of such rights or obligations by such Party without the other Party’s prior written consent shall be void and of no effect.

SEVERABILITY;

In the event, that any part, term or any provision of this Agreement, or the application thereof, is held to be illegal, void, or unenforceable by the court of competent jurisdiction, the remaining portion of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to affect the intent of the parties hereto. The parties further agree to negotiate in good faith to modify such void or unenforceable provision so as to affect the original intent of the parties as closely as possible in a mutually acceptable matter in order that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.

INTERPRETATION; 

All the headings contained in this Agreement are for the reference purpose only, are not part of the agreement of the parties, and shall in no way affect the meaning or explanation of this Agreement.

FORCE MAJEURE;

Notwithstanding anything to the contrary contained herein, the parties to this Agreement shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, terrorist acts, shortage of supply, labor difficulties, war, or civil unrest, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.

GOVERNING LANGUAGE AND LOCATION;

This Agreement may be executed in various counterparts in the English language, each part shall be deemed an original but when taken together, shall form one and the same instrument. Should any conflict or dispute arise between the English language version of this Agreement and any translation hereof, the English Language shall be the governing language of this Agreement. Greelance Inc. has its Head Office in Georgia and Branch Office in Texas. Thus this Site/App is controlled and operated from our offices in the United States.

MONITORING AND CONTROLLING THE SITE/APP OPERATION; 

We reserve the right to:

(1) monitor the Site for the violation of AML/ CFT guidelines and these Terms of Service & User Agreement;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service & User Agreement, including without limitation, reporting such user to the law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, stop access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site/App or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

(5) otherwise manage the Site/App in a way designed to protect our rights and property and to help in the proper functioning of the Site.

MODIFICATIONS AND INTERRUPTIONS;

We reserve the right to change, modify, or remove the contents of the Greelance Inc. Site/ Application at any time or for any reason at our sole discretion without notice. However, we have no commitment to update any information on our Site. We also reserve the right to modify, amend or cease all or part of the Site without notice at any time. We will not be liable to users or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot assure the Site will be available at all times. We may experience problems relating to hardware, software, or other problems and we may need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to the users. Users agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by their inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

MISCELLANEOUS;

These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between users and us (Including all the other connected links, which we have provided at the end of this Terms of Service, which shall be read carefully before accepting this Agreement). In case of our failure to exercise or enforce any right or provision of these Terms of Service, it shall not operate as a waiver of such right or provision. These Terms of Service operate to the extent fully as permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between users and us as a result of these Terms of Service or use of our Site/ Application. Users agree that these Terms of Service will not be construed against us by virtue of having drafted them. Users hereby waive any and all defenses they may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

ELECTRONIC COMMUNICATIONS AND RECORDS;

The Clients, Freelancers and Agencies agree that communication, promotion, information, notices, offers, postings, recommendations and suggestions may be required and all of you give Greelance Inc. an irrevocable consent to allow us to send all such through electronic mode including but not limited to text message, email, social media notification, WhatsApp notification or any other source as may be amended from time to time. 

ACCESS OUTSIDE THE UNITED STATES;

Greelance Inc. does not make or give any kind of guarantee that our platform shall be available for use, for users situated outside the United States. The Users agree that they are not prohibited by any applicable law from using our platform, are not on the blocked list of the US Department, or are debarred by the US depts.. or are ineligible under any US laws or sanctions. Greelance Inc. reserves the right to provide, to cease or not to provide its platform in any territory of the US or outside the US at its sole discretion or on instructions by Federal or State Authorities of the US. No user shall be entitled to recover any kind of loss or compensation due to the non-usage of our platform. 

OTHER BINDING TERMS ON GREELANCE INC.’S PLATFORM USERS INCLUDING CLIENTS, FREELANCERS & AGENCIES;

In addition to the above terms, there are other binding terms on Clients, Freelancers and Agencies, which are written in the shape of a separate Agreement but shall be read as part and parcel of Terms of Service and User Agreement. All Greelance Inc. Platform Users are requested to download all connected Agreements from links given hereunder and read the same carefully before accepting the Terms of Service and User Agreement. Acceptance of this Agreement shall itself be treated as acceptance of all with the free will of all the Greelance Inc. Platform Users.

The links are;

 

Membership Agreement: – https://greelance.com/greelance-inc-membership-agreement/
End-User License Agreement:- Greelance Inc. End User License Agreement (EULA) – Greelance
CCPA & GDPR Compliant Privacy Policy, Children’s Policy, Cookies Policy:- https://greelance.com/greelance-inc-privacy-policy-children-policy-cookies-policy/
Intellectual Property, Copyright, Trademark, Virtual Patent Marking and Notices:- https://greelance.com/intellectual-property-copyright-trademark-virtual-patent-marking-and-notices/

Declaration:

I/ We, do hereby declare, that I/ We have gone through all the Agreements from the links provided above and have read the same carefully. I/We accept the Terms of Service & User Agreement and I/We shall also remain bound with all the Agreements, links of which are given above, in addition to the clauses mentioned in the Terms of Service & User Agreement.

I/ We further declare, that I/ We have gone through the ACH Authorization Agreement from the link hereunder; https://greelance.com/fee-and-ach-automated-clearing-house-authorization-agreement/  and agree to authorize Greelance Inc. for automatic Debit/Credit authorization from my/our PayPal/Strip/Bank Account/Net Banking/Debit Card/Credit Card/Escrow Account.

 

ACCEPTED                                                                                                                                                                                                      REJECTED

Note 1: By clicking on the Accept Button, you agree to the Terms and all the Agreements of Greelance Inc. Platform.

Note 2: Platform Users have full right to click on the Reject Button if any of the Terms of Greelance Inc. Platform is not acceptable to an Individual/ Entity.