Terms and Conditions
These Terms and Conditions (hereinafter, referred to as the “Terms”) for the website ithire.com (hereinafter, referred to as the “Website”) constitute a legal agreement between the user (“you”, “your”, “user”) of the Website and Enjoy Working LLC. By using the Website, you acknowledge that you have read the Terms and agree to be bound by them. If you do not agree to the Terms, please do not use the Website. The Company grants you the right to use the Website only in the case that you agree to the Terms.
1.1 For the purposes of these Terms, the following definitions shall apply:
“Account” means an account on the Website registered by a user of the Website;
“Commission” means 1% of the value of every payment transaction conducted through the Website between Freelancers and Clients;
“Client” shall mean a user of the Website who can post information about Projects on the Website and hire Freelancers to work on those Projects;
“Freelancer” shall mean a user of the Website who can apply for working on Projects and, if hired, work on those Projects;
“Project” shall mean a work project published by a Client on the Website.
“Project Agreement” means: (i) the agreement concluded between aClient and a Freelancer, including the project bid, project description, and other terms and conditions related to the Project; (ii) these Terms; and (iii) any other content uploaded to the Website by the Company. In case of a conflict between these Terms and other parts of the Project Agreement, these Terms shall prevail.
“TimeTracker” means the software used by the Company to measure the work activity of Freelancers.
2.1 The Website is an online venue allowing Clients to search for and hire Freelancers.
3. Registration of an account
3.1 By registering an Account, you agree to: (i) abide to these Terms; (ii) be financially responsible for your activities on the Website; (iii) perform your obligations under the Project Agreement; and (iv) provide accurate, complete, and true information and maintain the accuracy, completeness, and truthfulness of the provided information.
3.2 You are responsible for maintaining the confidentiality of the password and username you use to access the Website.
4.1 You agree to comply with the Project Agreement in a timely manner.
4.2 You agree to act with good faith and fair dealing in performance of the Project Agreement.
4.3 Each Freelancer and Client agrees and acknowledges that their relationship is that of independent contractors. Nothing in these Terms shall be deemed to create a joint venture, agency, a partnership, or employer-employee relationship between a Freelancer and a Client or between the Company and any Freelancer or Client.
5. The role of the Company
5.1 The Company is not a party to the fulfilment, contracting, and dealing of any Project between a Client and a Freelancer. The Company does not guarantee: (i) the safety, quality, or legality of any services provided through the Website by Freelancers; (ii) the accuracy of qualifications and abilities of Freelancers; (iii) the capacity of Clients to pay for services; (iv) that Freelancers and Clients will complete the Projects.
5.2 The Company does not provide Freelancers with any materials or tools necessary to complete any Project.
5.3 Freelancers and Clients appoint the Company as a third-party beneficiary of their Project Agreements for the purposes of enforcing the rights and obligations provided by the Project Agreements. Freelancers and Clients agree that the Company shall be entitled to take various actions to protect the goodwill, reputation, and value of the Website, including, but not limited to, termination and suspension of Accounts.
5.4 You agree that, except otherwise agreed in writing by you and the Company, your use of the Website shall not be deemed to create or imply any relationships of joint venture, agency, partnership between you and the Company.
6.1 You are responsible for paying all applicable taxes, fees, and duties. If we receive a notice that you do not comply with applicable tax laws, we reserve the right to suspend or terminate your Account.
7. Our fees
7.1 In exchange for the services provided by us to Freelancers and Clients, we are entitled to receive the Commission.
7.2 We may, in our sole discretion, change the percentage of the Commission at any time upon posting on the Website of a reasonable advance notice.
8.1 If you would like to receive funds due to you, you must send us a payment request. If we determine that, in our sole discretion, you have violated these Terms or any other documents published on the Website by the Company, we have the right to refuse to process such a request.
8.2 We act as a payment provider by enabling you to pay and receive payments through the Website.
8.3 By making or receiving payments through the Website, you agree that the Company does not act as a trustee or a fiduciary of Freelancers and Clients.
8.4 If a Client and a Freelancer enter into a Project Agreement, the Freelancer shall be entitled to compensation at the agreed hourly rate for the hours billed by the Freelancer as long as the TimeTracker indicates that the level of work activity of the Freelancer related to the Project is equal to or exceeds 20%. The preceding sentence shall apply, irrespective of whether the Client is satisfied with the work product. Clients agree not to dispute payments made through the Website in accordance with this Section 8.4.
8.5 By using the Website as a Client, you authorize us to charge your PayPal account or debit/credit card in order to make the payments authorized by you. The payments authorized by you are final. You hereby release the Company from any and all liability with respect to such payments.
8.6 In case of fraudulent, duplicate, or erroneous transactions, we reserve the right to receive charge back or reversal from PayPal anddebit/credit card companies. You agree that we may inspect your Account and transactions related to your Account in order to investigate fraudulent activities.
8.7 All payments through the Website shall be made in U.S. dollars.
8.8 On a weekly basis, we calculate the hours billed by Freelancers and deduct the compensation related to those hours from the payment methods selected by Clients.
9.1 Clients agree to make all payments to Freelancers only through the Website. Freelancers agree to receive all payments from Clients only through the Website. You agree not to circumvent the preceding clause in any way.
9.2 You agree to notify us immediately if a Freelancer or a Client solicits payment from you outside the Website.
9.3 If you circumvent the payment of the Commission by receiving payments outside the Website, you agree to, immediately upon our demand, pay the circumvented Commission and any associated collection fees.
10.1 Freelancers and Clients agree to use our dispute resolution system to resolve any disputes arising out in relation to their Projects.
10.2 You agree that the Company is neither providing legal services to you nor legal advice.
10.3 You agree to hold the Company harmless against any liability and damages resulting from our dispute resolution services.
11.1 These Terms shall become effective upon your use of the Website and shall continue until your Account is terminated by the Company or you.
12.1 You may terminate this Agreement at any time by sending a written notice to the Company. The Company may terminate this Agreement by sending a written notice to you.
12.2 In case of termination of this Agreement, the following will occur: (i) your Account will be automatically terminated; (ii) the Company shall continue to conduct the services necessary to complete any transactions between you and other users of the Website; (iii) you shall be required to pay to the Company and any user of the Website any amounts accrued but unpaid on the date of termination.
12.3 Without limiting any other available remedies, we can suspend or terminate your Account or Project if one or more of the following conditions occur: (i) you breach these Terms and/or other documents published by the Company on the Website; (ii) we believe in our sole discretion that your activities on the Website may cause legal liability to us and other users of the Website.
12.4 If your account is indefinitely terminated, you must not use the Website under the same Account, a different Account, or a new Account.
12.5 If your Account is terminated, you will not have access to the information and materials which you keep on the Website. Such information and materials may be deleted by us.
14. Company’s Content
14.1 Some of the content published on the Website is owned by the Company (hereinafter, referred to as “Company’s Content”). Company’s Content includes, but is not limited to, images, videos, source code, and text. We would like to inform you that Company’s Content is protected by the intellectual property laws of Georgia and the applicable intellectual property laws. Unless otherwise provided in these Terms, you are not allowed to use Company’s Content in any way, including downloading, amending, copying, and distributing Company’s Content.
15. User-Generated Content
15.1 The Website offers Clients and Freelancers the opportunity to publish user-generated content on the Website (hereinafter, referred to as the “User-Generated Content”). The User-Generated Content may include, for example, text and images published on public profiles.
15.2 You agree not to use the Website and the Services and not to submit any User-Generated Content in any way that:
(i) violates any applicable laws;
(ii) spreads malware (e.g., viruses, worms, Trojan horses);
(iii) violates intellectual property rights of others;
(iv) is ethnically, racially, or otherwise objectionable;
(v) is sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene;
(vi) advertises or encourages the use of tobacco or alcohol;
(vii) advertises or encourages the use of illegal substances;
(viii) spreads spam or other illegal messaging;
(ix) directs to other websites.
15.3 We reserve the right, in our sole discretion, to modify, delete or remove any User-Generated Content which violates these Terms.
15.4 By posting your User-Generated Content on the Website, you grant the Company unrestricted, royalty-free, perpetual, and irrevocable rights to use, distribute, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce your User-Generated Content.
15.5 Please note that any User-Generated Content posted by you may become public. Please bear this in mind before making publicly available any personal or sensitive information.
16.1 If you prefer, you can subscribe for our newsletter. You can do so by using “Sign up for newsletter” functionality that is available on the Website.
16.2 If you wish to unsubscribe from our newsletter or any other marketing material, please click on the “unsubscribe” link included in any newsletter submitted by the Company to you.
17. Customer support
17.1 Please feel free to submit your support query to us. You can do this by sending an email to [email protected]
17.2 For more information on how to contact us, please check Section 26 of these Terms.
18. A license to use the Website
18.1 We grant you a personal, revocable, nonexclusive, nontransferable, limited license to use the Website pursuant to these Terms.
18.2 Subject to these Terms, you are allowed to:
(i) view pages of the Website in a web browser;
(ii) download pages from the Website for caching in your web browser;
(iii) print pages from the Website;
(iv) stream audio and video files from the Website; and
(v) use the Website by means of a web browser.
19. License restrictions
19.1 Unless otherwise stated in these Terms, you are not allowed to:
(i) distribute Company’s Content and the User-Generated Content;
(ii) copy Company’s Content and the User-Generated Content;
(iii) disassemble, make alterations, decompile, reverse engineer, translate, adapt Company’s Content and the User-Generated Content; and
(iv) distribute, rent, loan, use, lease or attempt to grant other rights to Company’s Content and the User-Generated Content to third parties.
20.1 We put reasonable efforts to ensure that the Website is always available. Nevertheless, we cannot guarantee that the Website would be always available because the availability of the Website may be affected by factors, which we cannot control, e.g., bandwidth problems, equipment failure, or acts of God. We do not accept any responsibility for the unavailability of the Website caused by such factors.
21.1 The Website may contain links to websites owned by third parties. We are not responsible for the content of websites owned by third parties.
22.1 TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE PROVIDE THE WEBSITE ON “AS AVAILABLE”, “AS IS”, AND “WITH ALL FAULTS” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, SUITABILITY, AND ACCURACY, FOR ANY PURPOSE, OF THE WEBSITE. WE HEREBY DISCLAIM ALL WARRANTIES REGARDING THE WEBSITE AND ITS OPERATION.
23. Limitation of liability
23.1 UNLESS OTHERWISE STATED IN THE APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER RELATED DAMAGES ARISING OUT OR IN CONNECTION WITH THE WEBSITE.
23.2 You agree not to hold the Company liable to you in respect of any losses arising out of any event or events beyond Company’s reasonable control.
23.3 You accept and acknowledge that we are a limited liability entity. Therefore, we have an interest in limiting the personal liability of our officers and employees. You agree not bring any personal claims against Company’s officers and employees in respect to the losses that you may suffer in connection to the Website or these Terms, except for the acts and omissions committed personally by the officers and employees.
24. Governing law
24.1 The Terms shall be governed by the laws of Georgia.
24.2 All disputes arising out of or in connection with these Terms shall be resolved by the courts in Georgia.
25. Amendment of these Terms
25.1 We reserve the right to amend or modify these Terms from time to time by sending you a message through the Website or an email. In case you continue using the Website after receiving such a message or an email, you agree to the changes stated in the message or email.
26. Contact details
26.1 If you have questions or comments about these Terms, you would like to receive a copy of these Terms in a format acceptable for you, please send an email to [email protected]
27. Last amendment
27.1 These Terms have been last amended on 30th of June 2017.