TERMS OF SERVICE
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
If you do not accept this contract in its entirety, you may not access or use this website or service. Please be advised that we may close, suspend, or limit your access to your PeopleasaService.co account and any other services provided by People as a Service and/or that we may limit access to your funds if you perform activities which are in contradiction with this Agreement, our policies or any law in your or our jurisdiction.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
PURPOSE OF THE PEOPLE AS A SERVICE PLATFORM AND SERVICES
People as a Service provides a platform and a service for companies and individuals seeking to buy professional services (clients) that can be performed in a virtual basis through qualified service providers (freelancers). People as a Service supports the client with tools and services to assure quality, reduce transaction cost, increase visibility, process payments etc. The goal of all those services provided is to have the best possible customer experience. The product People as a Service provides consists in providing and managing the cloud based platform and the services to assure quality of the performance of the task or job the client wants to have performed.
SECTION 1 - TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, but at least 18 years of age. The service is available only to individuals and entities which can form legally binding contracts under applicable law. User agrees that User is not (a) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual or an individual employed by or associated with an entity identified on the U.S. Department of Commerce's Denied Persons or Entity List, the U.S. Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, or the Department of State's Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations, or other economic sanction rules of any sovereign nation.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Each User is responsible for what occurs on their Account and must report any unauthorized use of their Account to us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - SERVICES
5.1 Relationship between Users
The parties to a project are the Freelancer, the Client and People as a Service. People as a Service is a party to a project for purposes limited to (a) the provision of the virtual platform and hosting of the Site(s) to enable selection of Freelancers and projects/tasks, (b) follow up of project progress and supervision of payment following satisfactory completion of a project or task as agreed between the Client and the Freelancer, and provision of a process for Clients and Freelancers to use when there is a disagreement about satisfactory completion of a project or task.
When you enter into a transaction you create a legally binding contract between the two users, bound by these terms of service. Each user is responsible to ensure its rights and if a user breaches any obligation to the other user, the user solely is responsible to any rights he may have. People as a Service has no responsibility or obligation for enforcing any such rights.
Although People as a Service provides a virtual platform for definition of projects or tasks and assessment of Freelancer suitability, each Freelancer and each Client acknowledges and agrees that, despite any recommendation made by People as a Service of any Freelancer in relation to a project or task, they are responsible to identify and subsequently make their own sole decision and/or determination on the suitability or otherwise (as applicable) of a Freelancer to perform or complete any project or task or of a Client to provide funds during and/or on completion of any project and clarification on a project or task as required during the term of a project or task. People as a Service has not investigated the suitability of any Freelancer for any project or task and the Client acknowledges that it is its sole responsibility to assess the ability of a Freelancer to satisfactorily complete a project or task. In the case that the client chooses to have People as a Service propose only one suitable Freelancer for a project or task and have a direct assignment of the project or task to that Freelancer, this still binds the Client and the Freelancer to their responsibility to assess the suitability of the Freelancer for this specific project or task.
Depending on their jurisdiction, Freelancers and Clients may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this agreement is intended to override a right that by applicable law may not be excluded. However, to the maximum extent permitted by law, the liability of People as a Service for any services it provides is limited to performing the services again.
Upon the Client awarding a project or task to a Freelancer and the Freelancer's acceptance of a project or task on the Site, the Client agrees to purchase, and the Freelancer agrees to deliver the Provider Services in accordance with the following agreements: (1) the Terms of Service and any document in connection with it; and (2) any other contractual provisions accepted by both the Freelancer and Client uploaded to the Site, to the extent not inconsistent with the Terms of Service; and (3) the project terms as awarded and accepted on the Site, to the extent not inconsistent with the Terms of Service. People as a Service agrees to provide the venue and host the Site, including the hosting of the project or task.
Under Hourly-Rate Contracts, either party may terminate the Service Contract at any time for any or no reason. However, the Client remains obligated to pay for any time the Freelancer worked prior to termination.
For Fixed-Price Contracts, the Client may terminate at any time but may not recover any payments already made. The Freelancer may terminate a Fixed-Price Contract at any time if no payment has been made. If a payment has been made on a Fixed Price Contract, the Freelancer may terminate only with the Client's consent or after the payment has been refunded.
Client assumes all liability for proper classification of Freelancers as required by applicable legal guidelines. This Agreement does not create a partnership or agency relationship between Client and Freelancer. Freelancer does not have authority to enter into written or oral - whether implied or express - contracts on behalf of Client. Freelancer acknowledges that People as a Service does not, in any way, supervise, direct, or control Freelancer's work or Services performed in any manner. People as a Service does not set Freelancer's work hours and location of work, nor is People as a Service involved in determining if the compensation will be set at an hourly or fixed rate or in setting the particular rate for a service contract. People as a Service will not provide Freelancer with training or any equipment, labor or materials needed for a particular Contract. People as a Service will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. Client and Freelancer will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to Freelancer's performance of Services. Client may not require an exclusive relationship between Client and Freelancer. A Freelancer is free at all times to provide Services to persons or businesses other than Client, including any competitor of Client. Client and Freelancer agree to indemnify, hold harmless and defend People as a Service from any and all claims arising out of or related to their Service Contract, including but not limited to claims that Freelancer was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that Freelancer was misclassified (including, but not limited to, taxes, penalties, interest and attorney's fees), any claim that People as a Service was an employer or joint employer of Freelancer, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
People as a Service is hereby named as a third party beneficiary of any such contract or agreement between the client and the freelancer.
People as a Service acts as a virtual platform to allow clients and freelancers to sell and buy professional services. People as a Service has no control over the quality and legality of such services.
You agree not to enter into any contractual provisions in conflict with the Terms of Service. Any provision of a user’s contract in conflict with the Terms of Service is void.
5.2 Non-Disclosure Agreement between Client and Freelancer
For the completion of a project or task the client and the freelancer or required to exchange information in connection with the project or task. 5.2 shall govern how both parties, clients and freelancers shall treat such information. Not covered by this paragraph is the information both clients and freelancers provide to People as a Service about, but not limited to their profiles, personal information, descriptions of projects or tasks or any other information needed to assure the service People as a Service provides.
A. The Freelancer understands that the Client has disclosed or may disclose information relating to source code, product designs, art, and other related concepts, which to the extent previously, presently, or subsequently disclosed to the Freelancer is hereinafter referred to as Proprietary Information of the Client.
1. In consideration of the disclosure of Proprietary Information by the Client, the Freelancer hereby agrees: (i) to hold the Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information (including, without limitation, all precautions the Freelancer employs with respect to its own confidential materials), (ii) not to disclose any such Proprietary Information or any information derived therefrom to any third person, (iii) not to make any use whatsoever at any time of such Proprietary Information except to evaluate internally its relationship with the Client, and (iv) not to copy or reverse engineer any such Proprietary Information. The Freelancer shall procure that its employees, agents and sub-Contractors to whom Proprietary Information is disclosed or who have access to Proprietary Information sign a nondisclosure or similar agreement in content substantially similar to this Agreement.
2. Without granting any right or license, the Client agrees that the foregoing shall not apply with respect to any information after five years following the disclosure thereof or any information that the Freelancer can document (i) is or becomes (through no improper action or inaction by the Freelancer or any affiliate, agent, consultant or employee) generally available to the public, or (ii) was in its possession or known by it prior to receipt from the Client as evidenced in writing, except to the extent that such information was unlawfully appropriated, or (iii) was rightfully disclosed to it by a third party, or (iv) was independently developed without use of any Proprietary Information of the Client. The Freelancer may make disclosures required by law or court order provided the Freelancer uses diligent reasonable efforts to limit disclosure and has allowed the Client to seek a protective order.
3. Immediately upon the written request by the Client at any time, the Freelancer will return to the Client all Proprietary Information and all documents or media containing any such Proprietary Information and any and all copies or extracts thereof, save that where such Proprietary Information is a form incapable of return or has been copied or transcribed into another document, it shall be destroyed or erased, as appropriate.
4. The Freelancer understands that nothing herein (i) requires the disclosure of any Proprietary Information or (ii) requires the Client to proceed with any transaction or relationship.
5. The Freelancer further acknowledges and agrees that no representation or warranty, express or implied, is or will be made, and no responsibility or liability is or will be accepted by the Client, or by any of its respective directors, officers, employees, agents or advisers, as to, or in relation to, the accuracy of completeness of any Proprietary Information made available to the Freelancer or its advisers; it is responsible for making its own evaluation of such Proprietary Information.
6. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity, nor enforceability of the remainder of this Agreement shall be affected. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party. This Agreement may not be amended for any other reason without the prior written agreement of both Parties. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
7. This Agreement shall be governed by the laws of the jurisdiction in which the Client is located (or if the Client is based in more than one country, the country in which its headquarters are located) (the Territory) and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.
8. People as a Service will not be part of or assist in any way a dispute arising from this agreement between the client and the freelancer. If you have a dispute with another Registered User, you release People as a Service (and our officers, directors, agents, subsidiaries, joint ventures and employees) 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 such dispute.
5.3 Intellectual Propriety
1. Work Product. During the course of performing the Services, Freelancer may, independently or in conjunction with Client, develop information, produce work product, or achieve other results for Client in connection with the Services it performs for Client.
2. Ownership. Freelancer agrees that such information, work product, and other results, systems and information developed by Freelancer and/or Client in connection with such Services (hereinafter referred to collectively as the "Work Product") shall, to the extent permitted by law, be a "work made for hire" within the definition of Section 101 of the Copyright Act (17 U.S.C. 101), and shall remain the sole and exclusive property of Client.
3. Pre-existing Intellectual Property in Work Product. Freelancer shall ensure that no Work Product created or delivered by Freelancer includes any pre-existing software, technology or other intellectual property, whether such pre-existing intellectual property is owned by Freelancer or a third party including, without limitation, code written by proprietary software companies or developers in the open source community (collectively "Pre-existing IP") without obtaining the prior written consent of the Client to the inclusion of such Pre-existing IP in the Work Product. Freelancer acknowledges that, without limiting any other remedies, Freelancer shall not be entitled to payment for, and shall refund to Client any payments previously made by Client to Freelancer for, any Services performed on a Service Contract if the Work Product contains any Pre-existing IP that was not approved in accordance with this Section 5.2.
3. Assignment of Interest. To the extent any Work Product is not deemed to be a work made for hire within the definition of the Copyright Act, Freelancer with effect from creation of any and all Work Product, hereby assigns, and agrees to assign, to Client all right, title and interest in and to such Work Product, including but not limited to copyright, all rights subsumed thereunder, and all other intellectual property rights, including all extensions and renewals thereof.
4. Moral Rights. Freelancer also agrees to waive any and all moral rights relating to the Work Product, including but not limited to, any and all rights of identification and any and all rights of approval, restriction or limitation on use, and subsequent modifications.
5. Assistance. Freelancer further agrees to provide all assistance reasonably requested by Client, both during and subsequent to the Term of this Agreement, in the establishment, preservation and enforcement of Client's rights in the Work Product.
6. Return of Property. Upon the termination of this Agreement, Freelancer agrees to deliver promptly to Client all printed, electronic, audio-visual, and other tangible manifestations of the Work Product, including all originals and copies thereof.
5.4 Relationship Users and People as a Service to perform services
The parties to a project are the Freelancer, the Client and People as a Service. People as a Service is a party to a project or task for purposes limited to (a) the provision of the virtual platform and hosting of the Site(s) to enable selection of Freelancers and projects/tasks, (b) follow up of project progress and supervision of payment following satisfactory completion of a project or task as agreed between the Client and the Freelancer, and provision of a process for Clients and Freelancers to use when there is a disagreement about satisfactory completion of a project or task.
These Terms of Service and any registration for or subsequent use of this Website by any user or registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and People as a Service, except and solely to the extent expressly stated.
For the performance of its service as described above, People as a Service collects a fee. The fee is usually a fixed monthly fee for the services provided. In some cases People as a Service might choose to collect a percentage of the overall project or task cost (independent if it is a fixed rate or hourly rate project) however the total project or task cost will be transparent to the Client at the time of acceptance of the project or task in the case of a fixed price project or task, or the hourly rate including the fee People as a Service collects in the case of an hourly contract. People as a Service has the right to collect its fee on a monthly recurring basis or at the time when the clients’ payment becomes due in the case of a percentage fee.
The client authorizes People as a Service to run credit card authorizations for any credit card provided by the client to People as a Service (or any other form of payment authorized by People as a Service). People as a Service will collect the amount due from the client both for the complete service including the People as a Service Service Fee. Under no circumstances does the freelancer collect directly from the client or the client pay the freelancer directly.
People as a Service has no responsibility for determining or issuing a formal invoice for any legal reasons. It is solely the freelancers’ obligation to determine his obligation for legal, tax and any other reasons to provide a formal invoice based on applicable law. The freelancer is solely responsible to determine whether by applicable law People as a Service is required to withhold any amount of the Freelancers Fees, notify People as a Service of any such requirement and indemnify People as a Service for any such amount. People as a Service is free to offset the said amount against future payments to Freelancer or collect the amount directly with the Freelancer.
All People as a Service fees are non-refundable, whether or not the service contracts were completed to full satisfaction.
The Freelancer agrees that for the execution of these Terms of Service or any questions, audit or legal requirements that he will promptly cooperate with People as a Service will all relevant documents, Freelancers tax returns etc. in connection with such a request.
All users consent that People as a Service may contact them by electronic means as part of delivering the service as outlined in the Terms of Service. Additionally users consent that People as a Service may contact them for marketing or commercial reasons for itself. However People as a Service will not sell or use in any other commercial sense the information you have provided other than to fulfill the services as described in the terms of service or the People as a Services own marketing needs.
You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content”), (b) any posting or listing made in any public message area, through any email feature or through People as a Service’s feedback feature (collectively, “Non-Multimedia Content”) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content”). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
You hereby assign to People as a Service your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing People as a Service products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
We do not endorse any information posted by Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
Freelancers explicitly agree if they want to be considered for hourly contracts that People as a Service has the right to record their activity, count mouse clicks, keyboard strokes, take snapshots of their monitor, and any other means to record their activity for the time they want to charge as time worked within an hourly contract. Failure to accept the recording and storage of said information excludes the Freelancer from working on hourly contracts. That information collected here will only be used to proof that the freelancer has been working on the assignment during the time the freelancer charges within an hourly contract and to resolve any dispute. Only People as a Service and the client shall get access to that information.
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of services that we offer. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.
We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
5.5 Payment Terms
Authorized Payments are Final. Your use of the People as a Service Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When an Client’s Acceptance of Services has occurred, (i) People as a Service shall have no further liability to any party with respect to Payment for such services, (ii) Client acknowledges that People as a Service has provided a complete service in respect of the payment made by Client for the Assumed Payment Liability or Invoice, as applicable and (iii) Client hereby releases People as a Service from any and all liability with respect to such Payment.
Fraudulent Transactions; Erroneous or Duplicate Transactions; Charge Backs. People as a Service reserves the right to seek reimbursement from you, and you will reimburse People as a Service, if People as a Service discovers a fraudulent transaction, erroneous or duplicate transaction, or if People as a Service receives a charge back or reversal from any Client’s credit card company, bank, or PayPal for any reason. You agree to and acknowledge People as a Service’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by People as a Service in an effort to investigate fraud. You agree that People as a Service has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.
Currency. The People as a Service Billing and Payment Services operate in US Dollars and therefore People as a Service is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is People as a Service responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account or PayPal account.
Exclusivity and Non-Circumvention. Clients agree to use the People as a Service to make all payments for services received, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the People as a Service Platform for any transactions related to the People as a Service services. As a Freelancer, you agree to use People as a Service to receive all payments from Clients identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the People as a Service Platform for any transactions related to the People as a Service services.
Interest. Users agree that they will not receive interest or other earnings on the funds People as a Service handles as part of its service offering.
Notification. As a Client, you agree to notify People as a Service immediately if your Freelancer solicits payment from you outside the Website. As a Freelancer, you agree to notify People as a Service immediately if your Client seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the People as a Service Platform, please submit a confidential report to People as a Service by email to [email protected]
Agreement to Pay. If, for any reason, People as a Service does not receive payment for any amounts that you have authorized to be paid through your use of the People as a Service Platform, you agree to pay such amount immediately upon demand by People as a Service. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by People as a Service in collecting from you the authorized but unpaid amount. In such case, People as a Service may, at its option, stop processing any further payments made by you and apply any amounts then held by People as a Service on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the People as a Service Platform. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Acknowledgement. You acknowledge that: (1) People as a Service is not a bank or other licensed financial institutions and does not provide banking services; (2) the amounts shown as on deposit, including Milestone Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of People as a Service to the User with respect to the purchase and sale of Services through People as a Service; (3) People as a Service is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute a milestone. By initiating and sending payments through People as a Service, you appoint People as a Service as your agent to obtain the funds and hold and to transfer such funds to the Freelancer or Client, subject to these terms and conditions.
5.6 Dispute Resolution
Client and Freelancer acknowledge and agree that in the event that a dispute arises between each other in relation to any project or task that they will first attempt to resolve any differences that they have in relation to such project or task, including in relation to the quality of the services provided, by themselves.
For fixed price Projects or Tasks: The payment to the Freelancer will only be authorized by People as a Service once the client has accepted the fulfillment of the project, task or milestone thereof. The client is therefore responsible to fully assure that the deliverables are as required by the project, task or milestone. Once acceptance is given by client, the freelancer will be paid. The payment is final and in the case of a later dispute People as a Service will try its best to support the client as described below in the return policy. The client has a time period of 10 days to reject the requested acceptance of the fulfillment of the project, task or milestone. If this period goes by without formal rejection by the client, the project, task or milestone is considered to be fully accepted as if an explicit acceptance by the client would have been given.
For hourly based Projects or Tasks: Clients may dispute hours during the dispute period following the close of a weekly invoice period. It is the Client's responsibility to review the Work Diary and Time Log of every Service Contract on a weekly basis and to file any disputes on a timely basis. Once the dispute period has passed, the charges are accepted by the Client and can no longer be disputed and can only be refunded by the Freelancer. Disputes can only address the hours billed, not the quality of the work performed or deliverables. People as a Service will promptly investigate the Time Log to determine, in its sole discretion, whether an adjustment is appropriate. People as a Service’s determination shall be final.
Users agree and acknowledge that: (i) People as a Service is not providing legal services; (ii) People as a Service will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on People as a Service for any such counsel.
5.7 Return Policy
In a fixed price project the freelancer and People as a Service only get paid if the client accepts the result of the project (see above). If the client does not agree with the result, the client can ask the freelancer to correct or improve the result to assure that the client receives the quality the client accepts. Only once the client agrees with the quality and content of the result the client will get charged and only then the freelancer will get paid. This assures that the client will not have to pay for any work done, which is not up to the clients satisfaction. In the case that the client has accepted a project and realizes after the fact, that something was missing or incorrect. The client can either contact the freelancer directly to ask him to complete the project or contact People as a Service, describe the issue and ask People as a Service to take action. People as a Service will do everything possible to assure the clients satisfaction. If the project cannot be completed to the clients satisfaction People as a Service will refund the full amount the client has paid as a People as a Service fee and we will request a full or partial refund (in the case the client accepts the result partially) on the clients behalf from the freelancer.
If the client has decided to work on an hourly basis, the client will get charged for the time worked at periodic intervals (see above). The freelancer can only charge time to the client he actually worked for the client through the time tracking tool. A tool which gives the client full visibility on what the freelancer is doing on his computer, while he charged time to the client’s project. The count of mouse clicks and key strokes and the screen shots the system takes are fully visible to the client. If the time tracker tool indicates to the client that the freelancer tried to charge time to the clients project which was not appropriate, contact immediately People as a Service (latest before the end of the dispute period) and People as a Service will investigate the cause, correct the error and if appropriate work with the freelancer to assure a refund by the freelancer to the client any time the client has paid without justification. If the client realized the false hourly charges after the dispute period, he nevertheless has to inform People as a Service of the fact and People as a Service will do analyze the situation and mediate between the client and the freelancer to find a solution. People as a Service, if appropriate, will request a refund from the freelancer on the customers behalf.
Clients and Freelancers understand that People as a Service is providing a valuable service. The initial investment for People as a Service to provide these services is important and the business model demands that all financial transactions between clients and freelancers are being managed through People as a Service. Should Clients and/or Freelancers violate this principle and therefore avoid the payment of the service fee for People as a Service, the party in violation will owe People as a Service the greater of (a) $2000; or (b) the applicable People as a Service fee had the payment been processed through People as a Service plus 25%.
However, if client and freelancer for other reasons than to avoid the People as a Service fee, choose to work together outside of People as a Service, they may apply the following procedure:
1) Before moving outside of People as a Service, the client notifies People as a Service of its intent and explains the reasons to choose to work outside People as a Service
2) The client will then pay People as a Service a compensation for the foregone service fee of the greater of (a) 15% of good faith estimate of next 12 month payment to freelancer through client; (b) average past fees collected by People as a Service extrapolated to 12 month; (c) flat rate to be negotiated between the client and People as a Service
3) Once the payment has been agreed upon and collected, client is free to contract said Freelancer outside of People as a Service
If the services are rendered more than three (3) years after the last transaction between the client and the freelancer, they are free to work together outside People as a Service without any payment to People as a Service.
SECTION 6 - ACCURACY OF ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase, general, personal and account information for all service you provide or buy through our service. You agree to promptly update your account and other information, including your payment method, etc, so that we can complete your transactions and contact you as needed.
All Users represent, warrant, and agree:
1. not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
2. to be fully responsible and liable for any action of any user who uses your Account.
3. not to use your Account, username, or password of another User that you are not expressly authorized to use.
4. not to allow any third party who is not authorized to do so to use your Account at any time.
5. not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
6. not to intercept or expropriate any system, data or personal information from the Website.
7. not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
8. that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
9. that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Users.
10. that they will not use the Website or its services to defraud or mislead any person or entity, including without limitation People as a Service or any User.
11. that they will not use the Website to violate any law or regulation of the United States of America or any international law or treaty.
12. that they are not a resident national of, or, an entity located in Cuba, Iran, Sudan, Burma (Myanmar), Democratic Republic of the Congo, North Korea, Syria or any other country subject to economic sanctions imposed by the government of the United States of America.
13. that they are not currently and have never been listed as a Specially Designated National by the United Stated Department of Treasury’s Office of Foreign Assets Control (“OFAC”).
14. that they will not use the Website in connection with any “prohibited transaction” as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.
People as a Service reserves the right to validate User information at any time, included but limited to validation against third party databases or any other means People as a Service considers necessary to validate the accuracy of your information provided to us.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers, etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall People as a Service, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service, or for any other claim related in any way to your use of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless People as a Service and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 16 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 17 – PREVAILING LANGUAGE
The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any. By accepting these Terms of Service to confirm to you or your representative has sufficient knowledge of the English Language to read and understand these Terms of Service.
SECTION 18 – FORCE MAJEUR
Except for the payment of fees to People as a Service, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Florida, USA.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – NOTICES AND CONTACT INFORMATION
All notices required and permitted under these Terms of Service shall be in writing and shall be delivered as required by applicable law.
Questions about the Terms of Service should be sent to us at [email protected]