TERMS OF USE
These terms of use (the “User Agreement”) is a legally-binding agreement between “registered member(s) “user(s)’ (that is you) — and Zillancer Technologies LLC, incorporated and registered in Dubai, UAE (“Zillancer”, “us” or “we”), for the use of the online Platform known as Zillancer (www.zillancer.com).
The Platform is a marketplace where Clients and Freelancers can connect to each other.
1. Scope
Before using the Website (www.zillancer.com), you must read the User Agreement, the Website policies and all linked information.
You must read and accept all of the terms in, and linked to, this User Agreement, the privacy policy and all other Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services
2. Eligibility
You should not use the Website if you:
(a) Are not able to form legally binding contracts;
(b) Are under the age of 18;
(c) A person barred from receiving and rendering services under the laws of UAE or other applicable jurisdiction;
(d) Are suspended from using the Website; or
(e) Do not hold a valid email address.
All user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation. Users may provide a business name or a company name (if any), which is associated with the user’s account. Users acknowledge and agree that where a business name or company name is associated with their account, this User Agreement is a contract with the User as an individual (not the business or company) and users remain solely responsible for all activity undertaken in respect of their account. We may, at our absolute discretion, refuse to register any person or entity as a user. You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
3. PLEASE READ CAREFULLY BEFORE USING THE PLATFORM.
3.1 General
By using the Platform, or by signing up for an account on the Zillancer website, you agree to the terms of this Agreement which will bind you.
- Zillancer only makes the Platform and associated services available to enable Freelancer and Clients to connect and transact with each other through our platforms.
- All the communications between the members will be through the platform unless otherwise instructed/approved by Zillancer. Except the foregoing, no communication outside the platform is permitted. Zillancer won’t be responsible for any communications happening outside the platform and, consequently, for any delivery or payments happening between the 2 parts
- We always remain the owners of the Platform and all associated rights. And our decisions will be the final ones.
- In consideration of you agreeing to abide by the terms of this Agreement and, where applicable, on subscription basis we allow you to use our platform to post projects (Clients) / bid for projects (Freelancers).
- Zillancer is an online global platform and we connect Freelancers to Clients, we do not find work for Freelancers, or find Freelancers for Clients. Through the Platform, Freelancers get notified of Clients that may be seeking the services they offer and bid for the project on the platform, and Clients can select the freelancer among those who presented a quote for their posted project and select as per quotes, skillset, previous work/experience and ratings; at all times, however, members are responsible for evaluating and determining the suitability of any project, Clients or Freelancers on their own.
- If Freelancer and Client decide to go ahead with the project, Client will pay the quoted fee to Zillancer and we will retain the money until the project is said to be completed by both the parties; Zillancer will then go ahead and pay the freelancer the fee after deducting our fee (15% of the entire transaction or $20 whichever is more).
- You also acknowledge, agree, and understand that Freelancers are solely responsible for determining, and have the sole right to determine, which projects to accept; the time, place, manner, and means of providing any freelancing services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set.
- All registered members/users are solely responsible for (1) ensuring the accuracy and legality of any information, (2) determining the suitability of other registered members/users for an engagement (such as any interviews, vetting, background checks, or similar actions), (3) negotiating, agreeing to, and executing any terms or conditions of engagements, (4) performing services, or (5) paying for milestones or services.
- We may change these terms at any time without notice to you. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Platform.
- The Platform or any Service may contain links to other independent third-party websites or project management tools.
3.2 Freelancer
You further acknowledge, agree, and understand that:
- You are not an employee of Zillancer, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance).
- Zillancer will not have any liability or obligations for any acts or omissions by you or other users.
- Zillancer in every way, will or can supervise, monitor the communications between Client and Freelancer.
- Zillancer will never be involved in any other way in determining the amount of any compensation that will be quoted by the Freelancer for a particular project.
- You cannot use subcontractor(s) or employee(s).
- You are liable for the follow up with the Client once the project is started and adhere to milestones agreed upon.
- You can always upgrade the project requirement, fees, timeline after discussing and getting an agreement from the client for the same.
- Overdue timelines should be approved by the client or will be moved to the dispute team for investigation.
- You are responsible and liable to ensure that you have appropriate work permit to perform the required work from the relevant authority.
- You undertake not to make any fake profiles and to provide the relevant copies of certification based on your skills and qualifications as and when requested by us. You further undertake to co-operate with us in performing your background check by us.
3.3 Clients
- If the Client does not confirm that a milestone has been delivered following two notifications by Zillancer to the Client via the Platform, the milestone will be deemed delivered and Zillancer may release the applicable fees to the Freelancer.
- The Client, if dissatisfied with the delivery of any milestone or the work by the Freelancer, may request that the Freelancer amend or re-do aspects of the deliverables up to two times. The Client may reject the deliverables applicable to that milestone/Project and ask for a refund or repost the project to hire a different freelancer; after discussion with the dispute team.
- If the Client rejects delivery of a milestone for any reason, Zillancer will refund the applicable fees to the Client in full.
- Zillancer is entitled to hold funds indefinitely during any investigation due to fraudulent or illegal activity or ongoing dispute.
3.4 Payments/Refunds
- Payments can be done through Credit/Debit Cards or other payment means as indicated on the Website.
- Clients must make the payment upfront for the agreed fee before starting the project.
- If the Client confirms delivery of the milestone, Zillancer will release the applicable Fees held on account to the Freelancer’s wallet on the Platform.
- On completion of the project and duly signed off, Zillancer will transfer the agreed project cost to freelancer wallet. From the wallet, freelancers can redeem the amount in their bank account, which may take 7-10 days depending on the country and bank of freelancer.
- Minimum amount needed to request withdrawal of funds from Zillancer wallet is $20 USD.
4. Fees
- We do not charge any fees to Freelancers or Clients for memberships.
- In addition, a transaction fee of 15% (minimum $20) is deducted by us from the fee, the Client pays to the Freelancer.
- No fee is charged to the Client separately.
5. Promotion
We may display your company or business name, logo, images or other media as part of the Freelancer Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing. You acknowledge that we may use the public description of your projects and the content of your profile information on the Website for marketing and other related purposes.
6. Limitation of Liability
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Zillancer or our dispute team will not be liable to any errors or omissions or any loss or damage of any kind incurred to the business of Client and Freelancer during the project or because of the project.
- Zillancer is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the User Agreement, including, but not limited to:
- Your use of or your inability to use our Site or Site Services;
- Delays or disruptions in our Site or Site Services;
- Viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
- Glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
- Damage to your hardware device from the use of the Site or Site Services;
- Content, actions, or inactions of third parties’ use of the Site or Site Services;
- A suspension or other action taken with respect to your account;
- Your reliance on the quality, accuracy, or reliability of job postings, profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Site; and
- Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the terms of our Service.
- Additionally, in no event will zillancer, our affiliates, our employees, our licensors, or our third-party service providers be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages ofany kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including, but not limited to, litigation costs, installation and removal costs, or loss of data, orloss of goodwill, production, profit, or business opportunitiesand whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
- These limitations will apply to any liability, arising from any cause of action whatsoever arising out of or in connection with this agreement or the other terms of service, whether in contract, tort (including negligence), strict liability, or otherwise, even if advised of the possibility of such costs or damages and even if the limited remedies provided herein fail of their essential purpose. some states and jurisdictions do not allow for all of the foregoing exclusions and limitations, so to that extent, some or all of these limitations and exclusions may not apply to you.
7. Warranty Disclaimer
You agree not to rely on the site, the site services, any information on the site or the continuation of the site. the site and the site services are provided “as is” and on an “as available” basis, without any warranties of any kind, either express or implied. Neither zillancer nor any person associated with zillancer makes any representations or warranties with regard to the completeness, security, reliability, quality, accuracy nor availability of the site, the site services, work product, user content, or any activities or items related to this agreement or the terms of service.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law
8. No Warranty as to Content
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The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labeled accidentally by us or accidentally or purposefully by a third party.
- 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;
- The accuracy, reliability, availability, veracity, timeliness or content of the Website or any Freelancer Services;
- Whether the Website or Freelancer Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
- Whether defects in the Website will be corrected;
- Whether the Website or the Freelancer Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website or Freelancer Services;
- Any third-party agreements or any guarantee of business gained by you through the Website or Freelancer Services or us; or
- The Website or Freelancer Services or infrastructure on which they are based, being 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.
9. Indemnification
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You will indemnify, defend, and hold harmless Zillancer, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Site and the Site Services by you or your agents, including any payment obligations or default incurred through use of the Site Services; (b) any work product or User content developed, provided, or otherwise related to your use of the Site Services; (c) any Service contract entered into by you or your agents, including, but not limited to, the classification of a Freelancer as an independent contractor; the classification of Zillancer as an employer or joint employer of Freelancer; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (d) failure to comply with the terms of service by you or your agents; (e) failure to comply with applicable law by you or your agents; (f) negligence, willful misconduct, or fraud by you or your agents; and (g) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents. For purposes of this agreement, your agents include any person who has apparent authority to access or use your account demonstrated by using your username and password.
- “Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.
- “Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.
10. Confidential Information
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Users may agree to any terms they deem appropriate with respect to confidentiality. If and to the extent that the Users do not articulate any different agreement with regard to confidentiality, then they agree that this section (Confidential Information) applies.
- To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.
11. Term and Termination
This Agreement shall continue in full force until Zillancer electing to terminate your access to the Website, with or without reason or notice. For purposes of clarity, you are entitled to terminate your account at any time. Zillancer reserves the right to modify, suspend, or discontinue the services or access to the Website without any notice at any time and without any liability to you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this User Agreement.
12. Disputes
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In the event of any dispute between the Client and Freelancer, the same will be investigated by Zillancer’s dispute team. You also agree that Zillancer’s Dispute team’s decision will be final.
- For disputes arising between Clients and Freelancers, you agree to abide by the dispute process by Zillancer’s dispute team’s that is explained in the general instructions and that apply to your particular service contract. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Zillancer will not and is not obligated to provide any dispute assistance beyond what is provided in the general instructions. Zillancer will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Zillancer shall have the right to request the parties to provide documentation in support of their claim or position in relation to the dispute. You agree that Zillancer has absolute discretion to accept or reject any document provided. You also acknowledge that Zillancer is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Zillancer and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
- In relation to disputes with any other users of the Website, you hereby agree to indemnify Zillancer from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the dispute resolution process for payments and/or for other disputes.
- Any conduct relating to threats, blackmail, intimidation or inducement of users won’t be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.
13. 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.
14. No Waiver
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
15. Force Majeure
Zillancer shall not be liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control.
16. Governing Law and Dispute Resolution
This User Agreement is governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai and will be subject to the jurisdiction of the UAE Courts.
17. Feedback
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 emailing us at [email protected].
18. Changes To The Terms
Zillancer reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this User Agreement, effective with or without prior notice. Your continued use of the Website following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. If you have any comments or questions, please do not hesitate to reach out to us at [email protected].
We hope you have good experience using Zillancer service.