User Agreement - Terms And Conditions

Last modified 15 January 2019

Introduction

This document contains the user agreement or terms and conditions users must abide by when using our site. If you disagree to any of our terms conditions and policies contained here within then you are not permitted to use our website. Employing Cryptolaner’s services can only be done if you agree to and adhere to the terms and conditions of use contained here within.

Cryptolancer’s website is an online venue where users may buy and sell freelancer services and items, i.e employ freelancers for projects or be employed. Cryptolancer enables its users to work together and interact online in order to complete such projects, Cryptolancer is not a party to any contractual agreements between Crypto Employer (see terms bellow) and Cryptolancer itself, that is in the online venue, we merely facilitate connections between the parties.

Please read the terms and conditions carefully before employing our services.


Definitions of Important Terms in this User Agreement Document:

"Account" refers to the user account associated with your email address.

"Crypto Employer" refers to a User that purchases or employs freelancer services or items from Cryptolancer on the Cryptolancer website. Note: A Crypto Employer may be both an Employer and a Freelancer under this agreement.

"Dispute Resolution Process" refers to the process to be followed by Employers and Freelancers in accordance with the Dispute Resolution Services.

"Cryptolancer", "we", "our", "company" or "the company" or "us" refers to the Cryptolancer Company.

"Cryptolancer Verified" refers to Users who are satisfactorily verified under the “Know your Customer and Identity” Verification Policy.

"Inactive Account" refers to a User Account that has not been logged into for a 6-month period (or other periods of time determined by us the company)

"Intellectual Property Rights" refers to any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: 

(a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidentially; and 

(b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered existing and specified under any law common law or in equity.

"Milestone Payment" refers to a payment made by the Employer for the provision of Freelancer Services in accordance with the terms of a User Contract and which will be released in accordance with the section "Milestone Payments" as specified in these terms and conditions.

"Project" or "Listing" refers to:

(a) a job offered or awarded by an Employer via the Website, which may include a Project or Contest listed by an employer, 

(b) a Project awarded by an Employer (for example through HireMe), 

(c) a service bought by an Employer from a Freelancer, and 

(d) a service awarded by an Employer to a Freelancer as a result of a Contest or competition hosted trhough, via or by the Website.

"Cryptolancer Services" refers to all services provided by a Cryptolancer AND ALL SERVICES PROVIDE BY US TO YOU THE USER.

"User", "you" or “your" refers to an individual who visits - or uses the Website - including those who do so via our API.


Liscence to Acceptable Use of Our Website

By using our website, you agree to this our terms and agreements and not to engage in inappropriate use of our website and services. Before using our website, you must read through and agree to this our User agreement document (terms and conditions) as well as all terms in and linked to this agreement, our privacy policy and code of conduct.

 Note: We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. By using our website, you agree the terms and conditions contained within this the user agreement.

Unless otherwise agreed with, you must not advertise an external website, product or service on the Website. Any website address posted on our Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Project, Contest, item listed, user or service being performed on our Website.

Unless expressly authorized by Cryptolancer or third-party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

Furthermore, all users must both acknowledge and accept that communication with any other user on the Website must be conducted only through the text, audio and or video chat functionality found on the website as well as:

(a)message boards, 

(b)public clarification boards, 

(c)Project message board, 

(d)direct message sending and 

(e)other communication channels provided on the Website.

Users must agree not to not post their email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except:

(a)in the "email" field of the signup form, 

(b)at our request or 

(c)as otherwise permitted by us on the Website.

Unless you the user has a prior relationship with another user respectively, you must agree only to communicate with such Users via our Website.  

(1)Proper usage of our website means you the user must not, or even attempt to, communicate with other users through any other means then the website. Such prohibited means include, but are not limited to:

(a)email,

(b)telephone, 

(c)Skype, 

(d)ICQ, 

(e)AIM, 

(f)MSN Messenger, 

(g)WeChat, 

(h)SnapChat, 

(i)GTalk, 

(j)GChat or 

(k)Yahoo.

(2) In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.

(3) Employers can promote a Contest hosted on the Website by providing a Contest Brief and paying the Contest Prize in accordance to our instructions provided on the Website. Entrants may submit their entries in image, video, text or another format as specified on the Website. All entries must comply with the Contest Brief and must not infringe any Intellectual Property Rights. Any entry which infringes any Intellectual Property Rights will be an ineligible entry and subject to removal either by the Employer or us and subject to action as per our Copyright Infringement Policy.

Employers can promote either: 

(1) a regular prepaid Contest, under which an Employer may select one or more winning Entrant(s) and Employers may request that the Contest Prize be released to them if a winner has not been chosen within 30 days of the Contest closing date; or 

(2) a guaranteed Contest, under which an Employer may select one or more winning Freelancer(s) and if no winner is selected, we will release the Contest Prize to Entrants of the guaranteed Contest and charge the appropriate fees and the Employer will have no rights to have the Contest Prize released to them or to use any entries that have been submitted. After 30 days of the Contest closing date, we reserve the right to distribute the Contest prize to the participating Freelancers.

After awarding a Contest Prize, the Employer and winning Entrant(s) will enter into a Contest Handover and when the winning Entrant(s) has uploaded the winning entry (including all related files) to the Employer, the Contest Prize will be released to the winner of the Contest unless disputed by the Employer in which case the dispute must be resolved between the Employer and winning Entrant(s) before we can release the Contest Prize to the winning Entrant(s).

For the avoidance of doubt, the Employer has no right or license to use any entries other than the winning entry/entries. The Employer may not: (1) promote a Contest via the Website if the Employer is hosting a similar Contest through another service; (2) allow or request Freelancers to submit entries to the Employer via other means than the Website; and (3) award another Account that might be deemed as collusion or awarding another Account owned by the Employer.

(4) You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to the Website, your Account or the Cryptolancer Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.

(5) Closing Your Account - You may close your Account at any subject to the following conditions:

a)not having any outstanding listings on the Website;

b)resolving any outstanding matters (such as a suspension or restriction on your Account); and

c)paying any outstanding fees or amounts owing on the Account.

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.


Improper use of Our Website and Services (abusing our Website):

We - Cryptolancer reserve all rights, without limit, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our products and services as well as to remove any content, and to take any and all technical or legal steps to ban users who have been found to be using our website and its products and services in an improper, inappropriate or abusive manner. Such actions include – but are not limited to:

use of our services for any illegitimate reason

creating problems with other users or potential legal liabilities

infringing the intellectual property rights of third parties

acting inconsistently with the letter or spirit of any of our policies

abuse of any staff members including inappropriate or unreasonable communications

abuse or poor performance in the Preferred Cryptolancer Program

any attempt to use Cryptolancer's platform or services for any objectionable purpose

post content or items in inappropriate categories or areas on our Websites and services;

infringe any laws, third party rights or our policies, such as the Code of Conduct;

fail to deliver payment for services delivered to you;

fail to deliver services purchased from you;

circumvent or manipulate our fee structure, the billing process, or fees owed to Cryptolancer;

post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);

take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);

transfer your Cryptolancer account (including feedback) and Username to another party without our consent;

distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;

distribute viruses or any other technologies that may harm Cryptolancer, the Website, or the interests or property of Cryptolancer users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorization;

attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;

copy, modify or distribute rights or content from the Website or Cryptolancer's copyrights and trademarks; or

collect information about Users, including email addresses, without their consent.

Cryptolancers’ failure to act with respect to an anticipated, believed or actual breach of this the user agreement by you or others does not waive or take way our right to act, respectively, with respect to subsequent or similar breaches. As such we have a no waive policy which does not in any case exclude or restrict you’re the user’s liability arising out of fraud or fraudulent misrepresentation as well.

Limited warranty -

(a)we the company do not undertake to keep the Website Cryptolancer updated as a sole mandate. Therefore, we are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

(b)Furthermore, we the company Cryptolancer may display advertisements or promotions, at times, on our Website. You the user must acknowledge and agree to the fact that we Cryptolancer shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that the content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws and will respect such stipulations. Cryptolancer will not be held accountable if such stipulations are breached. 

(c)Depending on their jurisdiction, Freelancers and Employers may have rights under statutory warranties that cannot lawfully be excluded by any and all user contracts. Nothing in any User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be following such local laws and no further.

(d)Each User acknowledges and agrees that the relationship between Employers and Freelancers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Cryptolancer and any User. 

(e)If another User breaches any obligation to you the user when a user contract has been agreed to the user is solely responsible for enforcing any rights that you the user may have. For the avoidance of doubt, we the company Cryptolancer undertakes no responsibility for enforcing any rights that might have been beached or neglected under such a User Contract respectively.

(f)Cryptolancers’ Website is a dynamic time-sensitive Website. As such, the information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.

(g)Cryptolancer offers Milestone Dispute Resolution Services to Users who have elected to use the Milestone Payment feature. As such you the user must acknowledge the user agreement that:

(1)Cryptolancer is not providing legal services; 

(2)Cryptolancer will not advise you regarding any legal matters; and 

(3)Any legal counsel, you will not be the mandate of Cryptolancer.

(h)You agree to indemnify and (to the maximum extent permitted by law) hold Cryptolancer and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Milestone Payments and/or Milestone Dispute Resolution Services.

(i)An Employer acknowledges and agrees that it is solely responsible for the operation and promotion of the Contest and warrants that it will comply with all applicable law in respect of the operation and promotion of the Contest. We have no liability for loss suffered by a User in connection with a Contest including but not limited to loss suffered (or penalties imposed) in connection with any contravention of the law.

(j)Each User acknowledges and agrees that the relationship between Employers and Freelancers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Cryptolancer and any User. 

(k)This agreement supersedes any other agreement between you and the Company. If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect. Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this documents. We may assign any of our rights and obligations under this document from time to time.

(l)If there is a dispute between participants on this site, or between users and any third party, you agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."





Indemnity

Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

the Website or any Freelancer Services or Cryptolancer Services;

the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Freelancer Services or Cryptolancer Services;

whether the Website or Freelancer Services or Cryptolancer Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;

whether defects in the Website will be corrected;

whether the Website, the Freelancer Services or the Cryptolancer Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Freelancer Services or Cryptolancer Services;

any third-party agreements or any guarantee of business gained by you through the Website, Freelancer Services or Cryptolancer Services or us; or

the Website, Freelancer Services or Cryptolancer Services or infrastructure on which they are based, being an error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.

To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability, and non-infringement.


Purchasing

Upon any and all Employers awarding a Project or Contest to the any and all Freelancers, and such acceptance on the Website, that is respectively, as well as the purchase of any item or service by an any Employer from the any Freelancer, respectively, the Employer and Freelancer will be deemed to have entered into a “User Contract”. Under such conditions the Employer agrees to purchase, and the Freelancer agrees to deliver the Freelancer Services. You, the user whether employer or freelancer must agree not to enter into any contractual provisions in conflict with this the User Agreement.

Depending on their jurisdiction, Freelancers and Employers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded or violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with certain legislation regarding unfair contracts. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read be following such local laws and no further.

Although we the company also own a company called escrow we do not offer an escrow service -users must not be confused by this and must remember that Cryptolancer has its own, independent, differing set of rules, regulations, policies and stipulations of terms and conditions. However, Cryptolancer does provide a service(system) where by services and projects may be purchased by the user (in this case the Employer) via a system called a Milestone system on Cryptolancers website. 

In accordance with the respective User Contract, the Crypto Employer can make a Milestone Payment, which will be locked from their own Account and can only be accessed by the ryptolancer when:

the Crypto Employer and freelancer agree that the funds can be claimed by the Freelancer;

if there is a dispute, the Crypto Employer and Crypto Freelancer have concluded the Dispute Resolution Process and the Dispute is resolved in the Cryprolancer's favour;

the Crypto employer instructs us to pay a certain Cryptolancer for services performed by this “Freelancer” in regards to a respective project or contest; or, lastly -

the Crypto Employer acknowledges that the “Crypto lancer” (freelancer) has completed the services fully and satisfactory accordance with the specific User Contract, respectively.

The Employer and Freelancer will then be notified that the matter will be addressed through Milestone Dispute Resolution Services.

If an Employer does not approve of the Freelancer's work product, the parties may elect to resolve the issue under the Dispute Resolution Process.

Cryptolancer will respond to disputes initiated by a Freelancer or an Employer in accordance with the Milestone and in relation to disputes that arise in relation to the provision of the venue, and the hosting of the Website by Cryptolancer as set out in the clause entitled Disputes with Us, along with the approach to disclosing information in relation to chargebacks set out in clauses 19 and 21 of this agreement

Lastly, in regards to purchasing (Milestones): if we, Cryptolancer, have not received any instructions or disputes from an Employer or Freelancer in respect of a Milestone Payment within six months or a less and that the Milestone Payment was paid and the Employer has not logged into their Account during that time, the Milestone Payment will be unlocked and released back to the Employer. If a dispute cannot be resolved then you and Cryptolancer irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to a Milestone Payment or relates to fees or charges payable to us.

The Amount will be refunded by a dispute resolution if the “crypto lancer” fails to complete the job

Lastly - Cryptolancer charges fees for certain services offered by us the company. Such services include introduction fees projects, listing upgrades and of course membership.  When employing services that we charge a fee for the user has the choice of reviewing and accepting such charges and fees in accordance with our Fees and Charges schedule. 


Like the rest of our user agreements or terms and conditions such fees and charges might be subject to change where as in such a case user will be informed by us the company and kept up to date with such changes via our website – whether temporary or not, for example in the case of coemptions and new services offered. 


Unless specified otherwise all fees and charges will be quoted in United States Dollars.

We may impose a minimum withdrawal amount for funds earned. The maximum you can withdraw as much amount as you can per month

You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policy, as outlined in the section on "Identity / Know Your Customer" sections of this agreement.

Rights, and exclusive copyrights

(a)User generated content – 

When employing the services offered by our website, you the user must both agree to and acknowledge that has full exclusive rights including copyrights to user information such as feedback, reputation and reviews submitted by users of our site such as comments on quality of work and ratings of such users.

For this and other reasons users must not use such information in any way that could be seen as either inappropriate or inconsistent with our policies, terms and conditions as posted on our website.

Users must contact our staff if they want to use such information and gain written permission from us the company to do so.

Furthermore, all users must agree not to act or not act in any way that will, respectively, undermine the reputation and integrity of our feedback system.

In addition to this you the user must both agree to and accept that has full rights and are entitled to either suspend or terminate your – the users – account if such aforementioned terms are breached, whenever and at whatever stage and that we the company maintain and hold full exclusive discretion to do so if we believe of feedback system has been subverted. Such feedback may only be used to facilitate our freelancer services through our website and nowhere else. All users’ freelancers or employers, respectively, must agree to these terms and conditions and agree not to use such specific user information in any other place, situation or occasion whether real or virtual.

(b) Video Chat 

Whilst we the company respects all user’s personal information Cryptolancer may use information such as your name, location, display or username, and or your image, in relation to the provision of messaging services on the Website or in the mobile apps. Furthermore, we may read all correspondence posted on the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating and preventing fraud, maintaining regulatory compliance, assessing risk management, amongst other related purposes.  

Upon acceptance and use of our site you the user agree the be sent communications from our company and affiliates. At any time, you may choose to withdraw from such communications but we hold the exclusive right to suspend or close your Account in such a case 

(c) Inactive Accounts

User Accounts that have not been logged into for a period of time will incur a maintenance fee per month, until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User's profile, portfolio storage, listing in directories, promotion of your profile on the Website and elsewhere, provision of the HireMe service, file storage, message transmission, general administrative matters and message and other storage costs.

We reserve the right to close an Inactive Account.

We reserve the right to close an account with nil or negative funds. 


Breach of these Terms and Conditions

Although we may close, suspend or limit your access to your Account without reason. we may chose to terminate, suspend or limit your access to your Account if our terms and conditions are breached -including the following conditions:

if we determine that you have breached, or are acting in breach of, this User Agreement;

you do not respond to account verification requests;

you do not complete account verification when requested within 3 months of the date of request;

you are the subject of a United Nations, Australian, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;

to manage any risk of loss to us, a User, or any other person; or

for other reasons.

If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.

Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You acknowledge and agree that: 

(1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; 

(2) if you breach this User Agreement, we may take legal action against you to recover losses.

If we close your Account for a reason other than as a result of your breach of this User Agreement unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer, you will remain bound by this User Agreement.

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support website or emailing us at [email protected]

Variability

We the company Cryptolancer reserve the right to, and may at times, alter these terms and conditions. As such you should read this document regularly to check for changes which are applicable from the date of change forth.

Entire Agreement

This document – User Agreement (terms and conditions) used along with our privacy policy make up the entire agreement that you as a user must adhere to and agree to when using our website. As such these documents supersede any other agreements in terms to the use of this website.