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This Agreement between Strategic Outsourcing Solutions Limited a duly incorporated company under the Companies Act 1993 having a registered office at Wellington trading as FreelanceSOS and yourself as the USER, is confirmed by the USER entering the USER registration process and clicking the “I Agree” button indicating the USER’S consent to the terms and conditions of this USER Agreement. (Should you have any matter at issue prior to entering “I Agree” please contact FreelanceSOS at www.FreelanceSOS.com).
1. Sole Agreement
This is the sole agreement between FreelanceSOS and you the USER. Notwithstanding any other communications that may have been entered into between yourself and FreelanceSOS. FreelanceSOS reserves the right to change the terms of this Agreement at any time. After any change, you as the USER will be invited to agree to the new terms prior to reusing this facility.
2. Description of Services
FreelanceSOS will provide an internet website at www.FreelanceSOS.com where USERS can bid on projects where they have suitable knowledge and experience. The work is to be of a high standard and to meet the demands of the USER requiring services. FreelanceSOS reserves the right to remove any USER material from the website deemed by FreelanceSOS at its sole discretion to be offensive, inaccurate or misleading, posted by either the USER Provider or USER Buyer.
3. FreelanceSOS Obligations
· To facilitate and maintain our web site to publish the availability of specific work assignments and the availability of project workers.
· To use best efforts to have USERS comply with the terms of this Agreement and to reserve the right to terminate this Agreement with any USER who does not comply with the terms of this Agreement.
· To not disclose any personal information to any third party without the prior authority of the USER unless obliged to do so pursuant to statute law.
· To only deal with USERS with contracting capability and not any minors.
· To make no representation as to the accuracy of the information on our website, the legality of the proposed work assignment, or the ability of USERS to perform posted services.
· To not be part of USER to USER dealings nor carry any liability whatsoever for the performance or outcome of USER to USER dealings either directly or indirectly.
· To terminate any USER account if FreelanceSOS learns that any USER has by conviction, settlement, insurance or escrow investigation or otherwise engaged in fraudulent activity in connection with the FreelanceSOS site.
4. USER Obligations
· To provide truthful personal information capable of independent verification.
· To provide detailed and specific project information capable of clear understanding by third parties.
· To complete work within due time.
· To not disclose any personal or contact information to any other USER in any section of the site without the prior authority of FreelanceSOS.
· To notify FreelanceSOS if any other USER has breached this agreement.
· To agree to subscribe to this service at your own risk.
· To evaluate for yourself the ability of the USER to perform services or supply goods under this Agreement.
· To indemnify FreelanceSOS harmless from any claim or demand made by any third party against FreelanceSOS due to or arising from your use of the FreelanceSOS Website, a breach of the terms of this agreement by you, or the infringement by you, or any other USER of the FreelanceSOS Website using your computer, of any intellectual property or other right of any USER or entity.
FreelanceSOS service is a membership fee of $10.00 per four weeks payable through “Paypal”. The monthly membership will be debited automatically from credit card details provided by the USER until such time as the USER gives notice of discontinuance of membership or FreelanceSOS cancels the USER’S subscription under the terms of this agreement.
6. Payments between USERS
All payments to be made between USERS are to be made on the twentieth of the month by progress payments or on the twentieth of the month of completion of a project or as otherwise agreed in writing between USERS. These payments are to be made through Paypal or as otherwise agreed.
7. Warranties and Disclaimers
· FreelanceSOS to provide the service on an “as is” and “as available” basis at the USER’S sole risk.
· FreelanceSOS makes no warranty either express or implied as to the performance of this service including but not limited to the implied warranties and merchantability and fitness of purpose.
· FreelanceSOS makes no warranty that the service will be interrupted, timely, error free, secure or as to the accuracy of the information contained on the FreelanceSOS website.
· The USER understands and agrees that any information obtained from FreelanceSOS is obtained at the USER’S own discretion and risk.
· FreelanceSOS makes no warranty whatsoever regarding any goods or services purchased or obtained through the USER’S admission to the FreelanceSOS Website.
8. Limitation of Liability
FreelanceSOS shall not be liable whatsoever for direct or indirect loss or damages whatsoever however arising from the USER’S use of the FreelanceSOS Website, PROVIDED however that in the event there was any liability of whatsoever kind arising, it would be limited to the cost of one month’s membership of the FreelanceSOS Website.
9. Applicable Law
This agreement shall be subject to the laws of New Zealand. If a USER is a resident from the State of California, United States of America, the USER shall 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 favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”.
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