SAFETYFREELANCER™ Platform Services – Terms of Service and Use
SAFETYFREELANCER™ operates a platform linking skilled freelance safety professionals (“Freelancers”) to business owners (“Business Owners”) and acts as payment agent between these parties (Freelancers and Business Owners collectively called “Users” herein).
BEFORE YOU (AS EITHER A FREELANCE SAFETY PROFESSIONAL OR BUSINESS OWNER) PROCEED TO USE THE SERVICES ON THIS WEBSITE GIVING YOU ACCESS TO OUR SAFETYFREELANCER™ PLATFORM, CAREFULLY READ THESE TERMS AND CONDITIONS OF SERVICE IN FULL. BY USING OUR SERVICES AND PLATFORM YOU AUTOMATICALLY CONSENT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND/OR BIND YOUR EMPLOYER/ORGANISATION THAT YOU WARRANT TO BE AUTHORISED TO REPRESENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OR DO NOT HAVE THE AUTHORITY TO BIND YOUR EMPLOYER OR ORGANISATION OR ARE OTHERWISE BARRED FROM ENTERING INTO A BINDING AGREEMENT, DO NOT PROCEED TO USE OUR SERVICES OR PLATFORM. IF YOU PROCEED, PLEASE SAVE A COPY OF THESE TERMS AND CONDITIONS OF SERVICE FOR FUTURE REFERENCE.
By using the SAFETYFREELANCER™ platform (“Platform”) and associated services specified in these terms and conditions of service (“Services”) you, as either a freelance safety professional (“Freelancer”) or Business Owner (“Business Owner”), automatically consent and agree to accept these terms and conditions with us, ("SAFETYFREELANCER™", “we” or “us”) having a place of business at The LINC, IT Blanchardstown, Dublin, D15 VPT3 and become a party to the agreement between you (the Users) and us based on these terms and conditions. This is completely separate from any more specific and detailed terms and conditions relating to the project, work, services, personnel, delivery and performance that will be agreed between a Freelancer and a Business Owner to which only they are parties in a separately agreed service contract as specified in Clause 4 below (“Service Contract”).
The Services which we, SAFETYFREELANCER™, provide is a safe, secure and independent platform to link safety Freelancers with Business Owners in need of their services and provide the platform, tools and processes for Users to contract, communicate, track progress, provide reviews and make and receive payments.
- (a) Business Owners and Freelancers wishing to use our Services will be required to register their details with us in accordance with clause 3 below. Both Users will undergo the same account registration process.
- (b) Once registered, our Services offer a Business Owner the opportunity to enter its project requirements (“Project”) onto our platform for a specific type of Freelancer to carry out the specific Project (“Offer”) and for a Freelancer to enter their specific skills, experience and expertise in health and safety and to reply to Offers.
- (c) An Offer will also specify that the Business Owner is looking for its specific Project to be carried out on a fixed price basis as well as include the Business Owner’s specific terms and conditions for the Project in accordance with clause 4 below. Whether or not a Project is offered and/or accepted is entirely at the discretion of the Freelancer and Business Owner.
- (d) SAFETYFREELANCER™ has no control whatsoever over this process and will not be liable in any way for any failure or default by either party. The Project work is provided entirely by the Freelancer directly to the Business Owner, who will determine the deliverables, price, requirements and terms and conditions applicable to the Project.
- (e) Once the Freelancer and Business Owner have agreed the terms and conditions for the Project (as specified in more detail in clause 4 below) that will be the binding service contract between them (“Service Contract”).
- (a) To access the full SAFETYFREELANCER™ platform, Users have to register an account with true, accurate and complete information, and keep their account information updated at all times. Both Business Owners and Freelancers undergo the same account registration process. Each account must be a personal account, but Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated). Users cannot register for more than one account.
- (b) On registering an account with us, you confirm that you are not economically or professionally barred, restricted or limited under the sanctions, rules, regulations or laws of any country worldwide. If your circumstances change in any way that you become so barred or limited, you must immediately advise us and the other party to any Project you may be involved in, de-register your details from our Platform and cease using SAFETYFREELANCER™. We reserve the right, at our sole discretion, to take any action we see fit including but not limited to reporting the same to any relevant party, authority or law enforcement (as applicable).
- (c) Users must also set–up a payment account with us in accordance with clause 8 below, so that Business Owners can pay monies in and Freelancers can receive payment.
- (d) Users are solely responsible for any activity that occurs on their registration details and payment account. Users may never use another person's user account or registration information on our Platform.
- (e) SAFETYFREELANCER™ reserves the right to restrict your access, temporarily or indefinitely block your account, stop any Project you have in progress, warn other Business Owners and Freelancers of your actions and/or issue you a warning if:
- (i) You breach the letter or spirit of these terms and conditions.
- (ii) We are unable to verify or authenticate any information you provide to us or fail to keep it updated;
- (iii) We believe that your actions may cause any loss or liability to any of our other Users or to us or is otherwise detrimental or illegal under any jurisdiction, of which we shall be the sole judge.
- (iv) We believe works have been taken off our Platform so that both parties can engage in a commercial business relationship which excludes SAFETYFREELANCER™.
- (f) SAFETYFREELANCER™ is unable to support Users from North Korea, Iran, Syria, Cuba, Sudan (Republic of Sudan or North Sudan), South Sudan (Republic of South Sudan) and the Region of Crimea. We reserve the right to change this list from time to time as circumstances dictate and at our sole discretion.
- (a) The Business Owner and Freelancer (Users) will decide on the Project in which they wish to contract together and, if not already stated in the Project, agree a fixed price for the Project (see (b) below). Users will also be free to determine all other more specific and detailed terms and conditions of any Project (subject to (c) below) including but not limited to:
- (i) Price (ie based on a fixed price - see (b) below) and any special payment terms (eg milestones) if not those specified in clause 7 below;
- (ii) More detailed specification for Project work including (eg personnel involved, testing, milestones, acceptance procedure);
- (iii) Deliverables and any specific performance delivery requirements;
- (iv) Ownership of Intellectual property rights (“IPRs”) in the Project work (see (d) below) and all other IPR matters;
- (v) Confidentiality and non-disclosure requirements (if any);
- (vi) Data protection legislation compliance as applicable (see clause 14);
- (vii) Applicable law relating to the Service Contract if not that specified in clause 15 below.
Once the Business Owner and Freelancer have agreed all matters in relation to the Project, all those agreed terms and conditions will form the direct Service Contract between the Users. SAFETYFREELANCER™ is not a party to that Service Contract and has no responsibility or liability in any way whatsoever (other than payment) for any matters specified therein, or for choice of the Users suitability to work together.
- (b) Fixed price Service Contracts:
The Business Owner and Freelancer are solely responsible for agreeing the fixed price for the Project. This must be confirmed clearly and upfront to SAFETYFREELANCER™ in the Platform including how much is agreed and if there are any agreed specific payment requirements which must be satisfied before payment can be released to the Freelancer by SAFETYFREELANCER™.
- (c) 60 Calendar Day maximum duration of Projects:
There is a maximum duration of 60 calendar days that a Project can stay live on the Platform before payment is made. If there is still work to be carried out on a Project, than the Users can renew for a further 60 calendar days (see clause 6(g) below).
- (d) Intellectual property rights:
- (i) Unless varied as part of the Service Contract, ownership in and to any materials and/ or deliverables arising from a Project and any intellectual property rights therein, will be assigned to the Business Owner upon successful payment of the full agreed amount to the Freelancer (less SAFETYFREELANCER™’s fees stated herein). If the Business Owner and Freelancer wish to include any special terms in the Service Contract in relation to the ownership of the work produced, ownership of intellectual property rights or special rights on termination, the Business Owner and Freelancer must negotiate and document these terms in the Service Contract as well as in the Project detailed on the Platform.
- (ii) Subject to variation in the Service Contract, the terms and conditions of each Project shall be deemed to incorporate a term that in consideration of the full agreed amount having been paid to the Freelancer for the Project, the Freelancer assigns to the Business Owner absolutely with full title guarantee the following rights throughout the world:
- (d.i) The entire copyright and all intellectual property rights and any other such rights subsisting in or arising from the performance of the Project;
- (d.ii) Any database right subsisting in the Project and
- (d.iii) All other rights in the Project of whatever nature, whether now known or created in the future, to which the Freelancer is now, or at any time after the date of completion of the Project may be entitled by virtue of the laws in force in Ireland and in any other part of the world.
In each of the above cases, the Business Owner’s ownership of all such rights shall subsist for the whole legal term (or for the longest legal term where such terms vary in different jurisdictions) and will relate to any renewals, revisions and extensions of or to the Project. The Business Owner shall also have all related rights and powers arising or accrued from such ownership, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership of any of these assigned rights, whether occurring before, on, or after the date of completion of the Project.
- (a) Once the Users have agreed to work together on the Project and agreed any separate Service Contract, the Business Owner will pay funds into the SAFETYFREELANCER™ Holding Account for the total Project Fixed Price to be paid to the Freelancer as agreed for the Project in addition to 3% Platform use fee. The Business Owner must also confirm to SAFETYFREELANCER™ clearly upfront in the Platform what their specific payment requirements are before payment can be released to the Freelancer, subject to the 60 day maximum limit referred to in clause 4(c) above.
- (b) Users acknowledge that SAFETYFREELANCER™ IS NOT A BANK and only holds funds for a maximum period of 60 calendar days in a Holding Account for the purposes of paying for the provision of services under the Project based on the specific invoices of Freelancers. We strongly recommend that all Users do not hold dormant balances on our Platform as these must be paid or cleared within the period referred to in clause 4(c) above. Users will not receive interest or other earnings on the funds in the Holding Account or any SAFETYFREELANCER™ User accounts.
PLEASE NOTE: Funds held by SAFETYFREELANCER™ on our Platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency.
- (c) SAFETYFREELANCER™ Will endeavour to ensure that the funds in the Holding Account or SAFETYFREELANCER™ User account are available to the Users in accordance with these terms and conditions but do not guarantee that they will be available to the User in circumstances which are unforeseen or beyond our control or beyond 60 calendar days.
- (d) No User is permitted to hold any account or dormant balance on our Platform for more than 60 calendar days. SAFETYFREELANCER™ reserves the right to apply administration fees or write downs to dormant balances until they are withdrawn or become zero.
- (e) To prevent funds being held beyond 60 calendar days in the Holding Account, SAFETYFREELANCER™ will notify the Freelancer in the event of funds being held in an Holding Account for a Project that (i) does not have an unpaid invoice nor an open dispute; and (ii) has not had any activity in the Platform for a period of one (1) calendar month or longer. Activity is defined as any action by the Business Owner or Freelancer in the Platform eg: a message posted, an invoice is raised, a deposit made into the Holding Account made or a Refund Request raised. In these circumstances, the Freelancer will be asked:
- (i) To confirm either (1) that the Project is still in progress by posting a message to the Business Owner in the Platform with an update on progress; (2) that the Project has been completed by raising an invoice in accordance with the terms defined in clause 7; or (3) that the Project was cancelled and issuing the Business Owner with any applicable refund in accordance with the terms in clause 9.
- (ii) If no action is taken by the Freelancer within seven (7) days it will be assumed that the Project was not delivered by the Freelancer and the funds held in the Holding Account will be automatically refunded back to the Business Owner's SAFETYFREELANCER™ User account in accordance with clause 9 less any fees due to SAFETYFREELANCER™ or other party. In this event the Freelancer's rankings will be affected in accordance with the terms in clause 6 and 9.
- (a) The Business Owner will need to provide their Project requirements in the Platform so that Freelancers can look at the Project and offer their fixed price to carry out the Project work or, if a fixed price is specified by the Business Owner, then agree the Business Owner’s fixed price.
- (b) Once the Project requirements provided in the Platform by the Business Owner are accepted by a Freelancer, the Freelancer must:
- (i) Respond in the Platform within one (1) working day to confirm Project work has started otherwise the Business Owner may request and will be entitled to a refund;
- (ii) Provide regular progress updates in the Platform and respond within one (1) working day to all messages from the Business Owner;
- (iii) Complete the Project within any agreed delivery timescales agreed in the Project document or Service Contract and handover all deliverables agreed on the Platform upon full and final payment. Failing to deliver within those timescales may mean the Business Owner is entitled to request a refund if funds have already been paid under the Project or Service Contract.
- (iv) Late or non-delivery will negatively affect the Freelancer's rankings on the SAFETYFREELANCER™ Platform.
- (d) All Freelancers on the SAFETYFREELANCER™ Platform must strive to deliver a high standard of work, appropriately meeting the Business Owner's needs as specified in the Project and any agreed Service Contract. Specifically, Freelancers must ensure that all deliverables are:
- (i) Error free,
- (ii) Fully address each of the Business Owner's defined requirements in the Project and any Service Contract,
- (iii) A complete set of deliverables as defined in the Project description or as agreed in the Platform as part of the requirements or in the Service Contract, and
- (iv) Of a standard consistent with the level of expertise indicated in the Freelancer's profile and proposals.
- (e) All direct communication between the Business Owner and Freelancer must go via the Platform to keep both parties protected in case of a dispute.
- (f) Once the Project has been completed or before the 60 calendar day fixed period is reached for this stage of the Project, the Freelancer will be entitled to raise a request for payment. At such time, both the Freelancer and the Business Owner MUST leave feedback for each other before payment is made and the job closes.
- (g) No Project must last more than 60 calendar days. If a Project is expected to last that long, then the Project must be broken down into mini-projects not exceeding 60 calendar days each.
- (h) Users will be penalised for cancellations or refunds caused by them, without just reason.
- (a) SAFETYFREELANCER™ acts as a payment agent between the Business Owner and the Freelancer and will retain a total of 23% + VAT (or the equivalent tax in Ireland and/or applicable to the countries of the Users, as the case may be) of the full Project Price as its fee (plus third party provider fees ) in accordance with clause 13 below
- (b) Fixed Price Projects will be paid as follows:
- (i) On completion of the Project or before the 60 calendar day fixed period is reached for this stage of the Project, the Freelancer will be entitled to raise an invoice. At this stage both the Business Owner and the Freelancer must leave feedback for the other before the funds held in the Holding Account can released to the Freelancer as payment unless the Business Owner is not satisfied with the deliverables and rejects the invoice.
- (ii) If the Business Owner rejects the Freelancer’s invoice as specified in (i) above, it must provide the Freelancer with detailed feedback on what work remains outstanding or what requires re-working. The Freelancer must provide, and be given the chance to provide, at least two revisions of the deliverables based on detailed feedback from the Business Owner.
- (iii) If the Business Owner fails to either leave feedback for the Freelancer as specified in (i) above or fails to reject the invoice, the funds held in the Holding Account will be released on their behalf to the Freelancer as valid payment after seven (7) days from receipt of the Freelancer’s invoice less SAFETYFREELANCER™’s fee as specified in (a) above and Clause 13 below.
- (iv) If the funds held in the Holding Account are released by SAFETYFREELANCER™ to the Freelancer in accordance with (i) or (iii) above, SAFETYFREELANCER™ and the Freelancer will be entitled to assume that the Business Owner is satisfied with the Project and does not have a dispute of any kind in relation to the Project. The Business Owner agrees that it will not, after payment has been made in accordance with this clause, file a dispute or seek to reverse payment through their bank or credit card provider.
- (c) SAFETYFREELANCER™ agrees to make funds available to the Freelancer’s Payment Account (as defined in Clause 8(a) below) within three (3) working days, however SAFETYFREELANCER™ reserve the right to take up to ten (10) working days, subject to fraud or other investigative procedures. The Freelancer is then able to withdraw those funds provided he/she/it has properly set up its Freelancer Payment Account.
- (d) In return for full invoice payment by the Business Owner for the Project less SAFETYFREELANCER™’s fees as specified in clause 13 below, SAFETYFREELANCER™ agrees to discharge the Business Owner’s obligations relating to debts owed to the Freelancer under these terms and conditions.
- (e) All payments for Project work completed must go via SAFETYFREELANCER™ Platform both for work sourced on SAFETYFREELANCER™ Platform and for any follow-on work between the Business Owner and Freelancer, either for the same Project or another project unless SAFETYFREELANCER™ has given its express written permission otherwise in relation to a specific payment or invoice. Attempts to pay outside of the SAFETYFREELANCER™ Platform is a breach of these terms and conditions and will lead to sanctions including but not limited to immediate User account suspension. Users must immediately report to SAFETYFREELANCER™ if it receives any offer from the Business Owner or the Freelancer to pay outside of the SAFETYFREELANCER™ Platform.
- (f) SAFETYFREELANCER™ takes its obligations to prevent fraud and money laundering seriously and reserves the right to delay payments to Freelancers if fraud or money laundering is suspected. Payments by Business Owners are routinely checked by SAFETYFREELANCER™ for fraud prevention purposes, before any payments are released to the Freelancer.
- (g) Only when full payment has been received by the Freelancer will the Business Owner be granted all rights for the delivered work as specified in clause 4(d) above.
- (a) During the registration process, Users will be required to set-up a payment account with us, so that Business Owners can pay-in funds for a Project and Freelancers receive payment from us. An authorized payment account must be a bank account under the User's name as registered on his/her/its profile (“Payment Account”).
- (b) Once SAFETYFREELANCER™ has processed payments, they are then subject to timescales imposed by the banking clearing system (BACS in the Ireland).
- (c) For security reasons, SAFETYFREELANCER™ reserves the right to request additional information from Business Owners and Freelancers, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:
- (i) A copy of a Government issued ID (Passport, Driver’s License or National ID Card);
- (ii) A copy of a recent utility bill showing User’s name and address (less than 3 months old);
- For credit/debit card Users (one of the following):
- (i) A copy of the front and back of the card used. For Security Compliance we recommend that you blank out the first 12 digits on the front of the card (ie just leaving the last 4 digits), and the last three digits from the number on the back;
- (ii) Credit or Debit Card Bank Statement of the card used on your SAFETYFREELANCER™ Payment Account (less than 3 months old). For Security Compliance you must blank out the first 12 digits on the front of the card (ie just leaving the last 4 digits);
- (e) For international bank transfers, credit to the beneficiary may be delayed by factors such as local bank holidays, delays by an intermediary bank or other local conditions. Please note that some countries have been designated by financial institutions as “slow-to-pay” countries, and transfers made to those countries may take several days or even weeks in crediting the receiving account.
- (f) In using the Holding Account, SAFETYFREELANCER™ acts on the Users’ behalf and in accordance with these terms and conditions. SAFETYFREELANCER™ IS NOT A BANK. Funds held by SAFETYFREELANCER™ on the Platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency.
- (g) If, contrary to these terms and conditions, SAFETYFREELANCER™ has to return funds to the Business Owner because the Business Owner has filed a dispute with the Freelancer or requested a payment to be reversed through its credit card provider or bank then SAFETYFREELANCER™ will be entitled to recover any such amount from the Freelancer’s Payment account and, if insufficient monies are in the Freelancer’s Payment account, then from its credit card or other previously made payment method if available. If SAFETYFREELANCER™is unable to recover the amount returned to the Business Owner from the Freelancer in full then the Freelancer agrees to pay to SAFETYFREELANCER™ any outstanding sums within 48 hours of SAFETYFREELANCER™ making such a request. SAFETYFREELANCER™ reserves the right to pursue such debt through any means it decides including legal proceedings.
- (h) SAFETYFREELANCER™ uses third-party service providers including Stripe, to process payments by Business Owners and to transfer funds to Freelancers. These third-party payment service providers are regulated and authorised to provide payment services in the countries where they operate. Their terms of service will also apply to Users. SAFETYFREELANCER™ may share your personal or transactional information with these third-party payment service providers when it is necessary to process payments. Both Users acknowledge and consent to sharing their personal data with such institutions, in accordance with (as applicable) GDPR (see clause 14 below).
- (a) Cancellation of a Project by the Business Owner After the commencement of a Project, the Business Owner may request a cancellation. If there are funds in the Holding Account and the Business Owner believes they are entitled to a refund, the Business Owner can notify SAFETYFREELANCER™ of the cancellation by requesting a refund using the “Request Refund” action on the Platform (see (f) below).
- (b) Project Refund policy
A Business Owner is entitled to receive a refund of funds held in the Holding Account under the following circumstances:
- (i) If there is no response from the Freelancer in the Platform within one (1) working day of the commencement of the Project; or
- (ii) For non-delivery of any Project work for the following reasons:
- (1) The Freelancer did not deliver the scope of work within the delivery timescales indicated in the Project or Service Contract.
- (2) For poor quality of work performed or deliverables by the Freelancer.
PLEASE NOTE: That any refund will be made Net of SAFETYFREELANCER™ fees specified in clause 7 above.
- (c) Business Owners and Freelancers may mutually agree to a refund for reasons other than the previous reasons given in this clause, however authorization of such refunds will be subject to a review by SAFETYFREELANCER™.
- (d) Refunds are only applicable to funds held in the Holding Account and subject to payments made in accordance with clause 7.
- (e) Once funds are released from the Holding Account, the Business Owner accepts that this money is non-refundable and the Business Owner is NOT entitled to file a dispute or reverse payment through their credit card holder, bank or Stripe. Any attempts to seek a refund in this way will lead to the Business Owner's account being automatically suspended and it will negatively impact their Business Owner’s status on the Platform.
- (f) Requesting a refund:
- (i) A Business Owner can request a refund of the funds held in the Holding Account using the “Request Refund” action on the Platform and specifying a reason for their request.
- (ii) SAFETYFREELANCER™ Will process refund requests subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties' obligations under these terms and conditions. If SAFETYFREELANCER™ reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations, SAFETYFREELANCER™ shall not be obliged to make the refund.
- (g) Refund and cancellation penalties
Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users’ standing in the SAFETYFREELANCER™ Platform and marketplace as follows:
- (i) Where the Freelancer is at fault for the refund (for example, due to no response, poor quality of work or they have cancelled the Project), it will negatively impact their Freelancer status and rankings;
- (ii) Where the Business Owner is found to be the cause for the refund (for example, an early cancellation due to a change in their business needs) it will negatively impact their Business Owner’s status;
- (ii) Multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.
- (a) SAFETYFREELANCER™ strongly encourages our Freelancers and Business Owners to try and resolve any disagreements between themselves. However should that not be possible SAFETYFREELANCER™ customer services can provide dispute resolution.
- (b) A Dispute can be raised by a Freelancer manually if a Business Owner has rejected an invoice as follows:
- (i) To raise a dispute, the Freelancer is required to pay a non-refundable fee to SAFETYFREELANCER™ of $200.00 USD. This is deducted from the Freelancer’s fee in the Holding Account.
- (ii) Disputes are available only to Freelancers that have qualified as ‘trusted members’ of the SAFETYFREELANCER™ community.
- (iii) For invoice disputes, the amounts taken into consideration for the dispute will be the lower of the Holding balance or invoice amount.
- (iv) If the amount disputed is more than USD $200, SAFETYFREELANCER™ may reach out to both parties in order to mediate and try and bring the dispute to resolution.
- (c) SAFETYFREELANCER™ will aim to make a resolution decision on behalf of both Users within seven (7) days. If a mutual resolution has already been agreed between both Users on the Platform, then the dispute will either be cancelled or resolved in line with that mutual agreement.
- (d) In the event of having to make a resolution decision, SAFETYFREELANCER™will only use the communications between the Users in the Platform as sole evidence, and will not consider any other terms of any Service Contract or other ancillary issue, including but not limited to cross-claims and set-off .
- (e) SAFETYFREELANCER™ will consider the following:
- (i) If both Uses are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both Users to complete or rectify the Project or agree a variation to the agreed price if the invoice is in dispute;
- (ii) If the Project was delivered or the expectations were met in accordance with the terms of the Project and communications on the Platform only;
- (iii) For disputes concerning the quality of the work delivered, SAFETYFREELANCER™ will consider whether the Freelancer has met general standards of quality or assess if a technical specialist is required to determine this question;
- (iv) If the Business Owner and Freelancer have complied with these terms and conditions.
- (f) In the event of having to make a dispute resolution decision on behalf of the Users, SAFETYFREELANCER™ will notify both Users within fourteen (14) days of the dispute being notified. The disputed funds shall be dealt with in accordance with that decision and these terms and conditions. Our involvement with the dispute ends once the resolution in relation to the dispute has been communicated to both Users.
- (g) Users agree and accept that any payments and/or other actions made by SAFETYFREELANCER™ in accordance with this dispute resolution decision are made in good faith and binding on both Users. Users will have no cause of action against SAFETYFREELANCER™ (whether in contract, tort or otherwise) in respect of our decision or any such actions or payments made pursuant to it. Users further agree and accept that they have no right to seek to hold SAFETYFREELANCER™ liable for any Business Owners’ or Freelancers’ alleged actions or failures.
- (h) SAFETYFREELANCER™ reserves the sole right to refer the dispute and both Users to a specialist independent dispute resolutions service as SAFETYFREELANCER™ shall specify.
- (a) The Freelancer undertakes to fulfill its agreed Project work and the Business Owner undertakes to pay the Freelancer for work delivered.
- (b) Both Users undertake to pay the fees and charges due in accordance with these terms and conditions and for SAFETYFREELANCER™ and third party services.
- (c) Both Users undertake that they are not in breach of any applicable laws, rules or regulations or obligations to any other person;
- (d) Both Users warrant that they have made and will make all required legal and tax filings. If relevant, you will file all necessary legal documentation relating to your self-employment required by any governmental body, and pay all applicable taxes including without limitation PAYE or other income tax and national insurance or equivalent in your country of operation;
- (e) Both Users undertake not to themselves nor permit any third party, from uploading, downloading, posting, submitting or otherwise distributing or facilitating the distribution of any content, project or proposal on or through the SAFETYFREELANCER™ Services, which infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.
- (f) Both Users undertake to comply with all relevant safety, confidentiality and data protection legislation applicable to each of the Users and SAFETYFREELANCER™ including but not limited to clause 14.
- (a) When the Project is completed the Freelancer and the Business Owner will be asked to provide both qualitative feedback and a rating for the other party. This rating influences each User's ranking on SAFETYFREELANCER™ Platform. In order for a User to read a received review, they have to submit their feedback as well. A review (feedback) is published on the member profile page when both Users (Business Owner and Freelancer) leave their feedback.
- (b) Both Users undertake to complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to SAFETYFREELANCER™.
- (c) No payment can be released nor Users relieved of any obligation under these terms and conditions until both Users have completed their feedback.
- (d) Feedback comments that are reported to us or considered by us to be defamatory, abusive, offensive, illegal or inappropriate will be reviewed by us and we may, at our sole discretion, remove the same immediately.
- (a) Fees payable by Business Owners The fees payable by Business Owners are for the use of SAFETYFREELANCER™ as an intermediate platform. They do not reflect the outcome of any Freelancer collaboration and are non-refundable. Business Owners’ fees are broken down as follows:
- (i) Of the full (100%) Project Price for each Project plus 3% Platform fee paid into SAFETYFREELANCER™ Holding Account by the Business Owner, SAFETYFREELANCER™ will retain 23% +VAT as its fee and remit to the Freelancer the balance (subject to the applicable VAT or equivalent in accordance with clause 5(a)) and subject to clauses 7 and 9 above.
- (ii) Service Fee applicable to Method of Payment:
- Credit / Debit card - 3% of transaction fee
- Bank transfer - 3% of transaction fee
We reserve the right to make changes to our service fees from time to time. These changes will be reflected in updated terms and conditions issued to you by us, which will apply on any transactions which take place after the updated fees come into force. In addition, all third party fees and charges specified herein and in the applicable third party provider terms and conditions are subject to change by such third party. SAFETYFREELANCER™ has no control over such changes which will apply to receipts and payments of fees. Both Users acknowledge and agree to the same.
- (b) Fees payable by Freelancers:
- (i) SAFETYFREELANCER™ Reserves the right to charge Freelancers a Service Fee in accordance with the Service Fee structure they are assigned to.
- (ii) The following set-up/Service fees have been implemented for all Freelancers unless otherwise agreed:
- Billing per Business Owner: 20% (excl. VAT) of full Project Price
- The minimum Service Fee per invoice is €3.5 (excl. VAT).
- (c) All Users will be provided with a statement at the end of each month showing their net effective sums less commission fees.
- (d) Third Party Payment fees:
Payment processing services for Business Owners, Freelancers and Users on SAFETYFREELANCER™ Platform are currently provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to SAFETYFREELANCER™ terms and conditions or continuing to operate as an account holder on SAFETYFREELANCER™ Platform, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. We will advise you if this payment processing provider changes. As a condition of SSAFETYFREELANCER™ enabling payment processing services through Stripe, you agree to provide SAFETYFREELANCER™ accurate and complete information about you and your business, and you authorize SAFETYFREELANCER™ to share it and transaction information related to your use of the payment processing services provided by Stripe.
In addition, when the Freelancer is paid from SAFETYFREELANCER™ Holding Account, SAFETYFREELANCER™ will pass on any fees incurred to process the payment by third parties as an additional fee, including the following:
- (i) SEPA / Local currency bank transfer: If your country is included in the EPA/Local Currency countries list and you choose the local currency bank transfer option, our banking partner will automatically convert (at wholesale foreign exchange rates) and pay your withdrawal directly to your local bank account
- (ii) Bank transfer reversal fees: If your bank transfer gets reversed due to incorrect banking information, wrong bank account type or foreign currency bank account settings limitation, you will be charged a reversal fee of US $3* as well as the currency exchange difference (if applicable). If Freelancer decides to raise a dispute, they are required to pay a non-refundable fee of US $200*.
- (iii) Bank transfer investigation fee: Please note that if there is a delay in payment from the banking institution, a formal investigation can be initiated with the bank to determine transaction issues. There is a US $50* fee that is issued which must be paid by the customer in order to initiate this process.
- (iv) Chargeback or RFI (Request for Information) fee: A chargeback is a disputed card transaction filed by a Business Owner with their card issuer when they dispute a payment or when their card is being used without their authorization. A RFI is a Request for Information which the bank raises asking SAFETYFREELANCER™ for additional information regarding a particular transaction, which may be in dispute or unauthorized. The Business Owner’s bank charges SAFETYFREELANCER™ a fee in both of these instances and as a result, we will pass on these fees to Freelancers whose Business Owners have filed a Chargeback or RFI with their bank for a particular Project/payment. The Fee per Chargeback is US $25* and US $10* per RFI.
In case of chargebacks, if the Business Owner’s credit card company decides in the Freelancer’s favour, the Freelancer will be refunded the money to their SAFETYFREELANCER™ Payment Account. If the decision is in favour of the Business Owner, the transaction will be cancelled, the Business Owner will receive a full refund, and the Fee amount will be deducted from the Freelancer’s SAFETYFREELANCER™ Payment Account.
- (e) Administration fee for inactive User accounts:
As stated above, SAFETYFREELANCER™ IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Freelancers. We strongly recommend that all users do not hold dormant balances on the Platform. No User is permitted to hold a dormant balance on the Platform for more than 30 days. If a User has held dormant funds in SAFETYFREELANCER™ Holding Account or their Payment Account for a period of sixty (60) days or more then SAFETYFREELANCER™ reserves the right to charge a monthly administration fee of US $ 9.95* (excl. VAT) for holding those funds on behalf of the User. This fee will be automatically collected each month from the funds in the User's SAFETYFREELANCER™ User Payment Account starting from the sixty first (61st) calendar day. The collection of this fee will end when the balance is cleared.
- (f) Currency Conversion:
If you require a transaction within the SAFETYFREELANCER™ site which involves a currency conversion, it will be completed at a foreign exchange rate determined by an official institution, which is adjusted on a regular basis. Exchange rate fluctuations are not under SAFETYFREELANCER™ control. A Currency Conversion Fee of 2.5%* will be applied every time SAFETYFREELANCER™ performs a currency conversion. When a currency conversion is available, SAFETYFREELANCER™ will show you the exchange rate that will be applied to the transaction before you proceed with authorising the payment transaction. By accepting this transaction, you also agree to the exchange rate currency conversion terms.
- (b) SAFETYFREELANCER™ May use your personal data to gather feedback regarding your experience you may have with our Platform. This helps our business improve and develop by assembling useful information from our end-users.