This User Agreement describes the terms and conditions on which you are allowed to use our Website and our Services. We have incorporated by reference all linked information.
This Agreement was last modified on 17th February 2015.
DEFINITION OF TERMS
As used in these Terms and Conditions of Use:
"Gradlancer," "we," "us," or "our" (whether or not capitalized) means Gradlancer and its subsidiaries.
“Website” means the websites operated by Gradlancer Ltd.
“Account” means the account you open when you register on the Website.
“Employer” means a User that posts a role and purchases Student Services or items from Students or identifies a Student through the Website.
“Student” means a User that offers and provides services or identifies as a Student through the Website.
“Post” means the action of purchasing a listing, which will be placed publicly on Gradlancer.co.uk.
“Engagement” means the engagement, employment or use of the Student by the Employer or to any third party to whom the Student has been introduced to by the Employer, on a permanent or temporary basis, whether under a contract for service or for services; under an agency, licence, franchise or partnership agreement; or any other engagement; or through a limited company of which the Student is an officer, employee or other representative; and “Engage”, “Engages” and “Engaged” shall be construed accordingly;
“Introduction” means (i) the passing to the Employer of a Curriculum Vitae, Gradlancer Profile or information which identifies the Student or (ii) the Employer’s interview of a Student (in person, by telephone or by any other means), following the Employer’s instruction to Gradlancer to advertise a role and match a Student to it; and, in either case, which leads to an Engagement of the Student; and “Introduces” and “Introduced” shall be construed accordingly.
“Introduction Fee” means the fee payable by the Employer to Gradlancer Ltd for an Introduction resulting in an Engagement.
“Gradlancer Dispute Service” means the process to be followed by Employers and Students in accordance with the Gradlancer Dispute Service, manually contactable via firstname.lastname@example.org.
“Intellectual Property Rights” means 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 trade marks, and any right to have confidential information kept confidential; 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 and whether existing under any laws, at common law or in equity.
“Project” or “Listing” means a job offered or awarded by an Employer via the Website, which may include a Project or Listing listed by an Employer.
"Gradlancer Products or Services" means Gradlancer services, websites (including without limitation, www.gradlancer.co.uk), all other documentation, features, tools, Gradlancer Software, and any other products or services provided by Gradlancer.
"Days" (whether or not capitalized) means calendar days.
"Personal Information" means information that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, employment, or similar information that identifies you as a specific individual.
The "Subscription Period" for any subscription for use of Gradlancer Products or Services begins at purchase, regardless of the date of activation, will continue monthly and expires upon cancellation request. For example, if you are billed on a monthly basis, your Subscription Period is for the month billed.
To "Use" or "Using" Gradlancer Products or Services means each time you visit a Gradlancer website, register with Gradlancer, login to an account with Gradlancer, view the status of your account, access any Website Data stored with Gradlancer or request support.
"You," "yourself", "user," and "customer" (whether or not capitalized) refer to the individual or legal entity registering for or using the Gradlancer Products or Services.
By accessing and/or using the Website, you agree to the following terms with Gradlancer. Gradlancer may amend this User Agreement and any linked information from time to time by posting amended terms on the Website. The Website is an online platform where users buy services and featured content from those signed up to take on these projects. All users, both employers and students must register for an account in order to post a project or complete a project respectively.
You will not use the Gradlancer Website if you:
Subject to your local laws, a person over 15 but under 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for everything done with that account.
Employers must provide a business name or a company name, which is to be associated with the Employer's Account. Employers 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.
Students must have access to an active ‘.ac.uk’ email address to qualify as a freelancing student via Gradlancer, anyone deemed to not fulfill this criteria will have their account removed.
We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
4. Using Gradlancer
While using the Gradlancer Website, you will not:
5. Introductions to Third Parties
Introductions of Students are confidential. If an Employer discloses a Student’s details to a third party, it will be deemed to be a ‘third party introduction’. If that Third Party Introduction results in an engagement of the Student by the third party within 6 months of Gradlancer’s introduction of the Student to the Employer, the Employer will be liable to Gradlancer for payment of an Introduction Fee. Neither the Employer nor the third party will be entitled to a refund of the Introduction Fee.
6. Intellectual Property Rights Infringement
It is our policy to respond to clear notices of alleged intellectual property rights infringement. We want to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via email@example.com with the subject header ‘IPR Infringement’ and we will investigate.
7. Fees and Services
We charge fees for certain services, such as introduction fees for Projects, listing upgrades and subscriptions. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on subscriptions) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites. By agreeing to our terms and conditions you agree to pay our invoice every 30 days.
Unless otherwise stated, all fees are quoted in GBP Sterling.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
As we are a company incorporated in the United Kingdom (UK), all fees earned by us from UK Employers will be subject to a 20% Value Added Tax (VAT) on all fees, which will be shown separately on all invoices.
You must also comply with your obligations under income tax provisions in your jurisdiction.
9. Package Subscriptions, Management & Payment Administration Agent
Our payment provider (Stripe) do not allow us to change the billing text for the first or initial monthly payment to any of our subscription packages.
Please be aware if you sign up on any day other than the 1st of the month you will be charged a pro-rata day rate for whichever package you choose, until the 1st of the following billing month. As a result of this your stripe account may appear to have you on a “free subscription,” please be aware that you are not on a “free subscription” and will be charged according to the conditions stated above.
In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent's (Stripe) negligence and/or acts beyond the authority given by Gradlancer.
Managing Subscriptions - If you are on one of our monthly packages and sign up on any other day than the 1st of the month you are tied in to your first full subscription package for the full chargeable amount of the month that follows your pro-rata period.
Budgets (Employer) - Gradlancer operate a “21 or over” minimum wage cap for hourly paid projects. If your project is set on an hourly basis then your “budget” must equate to or succeed the minimum wage for a student aged 21 or over. This means that whatever age the student may be, they must be paid in accordance to the set rate of minimum wage for a person 21 or over. This rate is subject to change so please visit gov.uk for national minimum wage rates.
Budgets (Student) - Students cannot bid on set hourly projects at a rate that is less than the national minimum wage at that time. Gradlancer will not process any bids that are less than this amount and your bid will not go through.
We may display your company or business name, logo, images or other media, and public description of your Projects and profile as part of the Gradlancer Services and/or other marketing materials relating to the Gradlancer Website, except where you have explicitly requested that we do not do this and we have agreed to such request.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You acknowledge and agree that: (1) we only act as a portal for the online distribution and publication of Employer content. We make no warranty that Employer content is actually made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your Employer content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of the United Kingdom. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Gradlancer Services and may close your Account.
Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
13. Feedback, Reputation and Reviews
You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Freelancer feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Student Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating or feedback comments) in any real or virtual venue other than a website operated by Gradlancer or its related entities without our written permission.
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a project, item listed, user or service being performed on the Website. An example of a permissible website address would be a portfolio of work.
We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements/ promotions in the Website or your subsequent dealings with the Advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or copyrights, trademarks, service marks, patent or other intellectual property or proprietary rights and laws protect promotions. Unless expressly authorised by Gradlancer or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
15. Communication With Other Users
We allow you to post your email address or other contact information on the Website, as well as in the "email" field of the signup form.
Unless you have a prior relationship with a User, we encourage that you should only communicate with Users via the Website, including by using the Gradlancer Message Service, for us to be able to keep a record of messages and mediate where possible.
16. Right to Review
We may read all correspondence posted to 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 fraud and for risk management and related purposes.
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your drivers' licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or Gradlancer Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
18. Communication With Other Users
Upon the Employer accepting a Student, the Employer and Student will be deemed to have entered into a User Contract under which the Employer agrees to purchase, and the Student agrees to deliver the Student Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as an Employer or Student, or in any other uses you make of the Website.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
Depending on their jurisdiction, Students 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.
Each User acknowledges and agrees that the relationship between Employers and Students 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 Gradlancer and the User.
19. Limits and Fraud Prevention
We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.
We may, in our sole discretion, disable your account if:
If you are involved in a dispute, we may require more information on the case before determining whether the funds should be transferred to the Student or transferred back the Employer.
Gradlancer are not liable for any refunds, should you have any disputes and look to gain a refund from a Student for work that is not up to standard, please email firstname.lastname@example.org with the subject header ‘Refund Dispute’.
21. Rights to Refuse Service
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
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 fine you up to £3,000 GBP for each breach and/or we may take legal action against you to recover losses that are in excess of the fine amount; (3) a fine of up to £3,000 GBP is a presently reasonable pre-estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult; and (4) we may release the entire (or part of the) amount of the fine from your Account to us.
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.
22. Other Disputes with Users
You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.
If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a project we encourage you to contact us at email@example.com with the subject header, ‘Gradlancer Dispute Service’.
Gradlancer will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, Gradlancer shall have the right to request the Student and the Employer to provide documentation in support of their claim or position in relation to the dispute. You agree that Gradlancer has absolute discretion to accept or reject any document provided. You also acknowledge that Gradlancer 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 Freelancer 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 Gradlancer 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.
23. Disputes With Us
If a dispute arises between you and Gradlancer, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly at firstname.lastname@example.org.
All claims you bring against Gradlancer must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Gradlancer may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Gradlancer has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Gradlancer will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
Gradlancer’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
As a UK based website all payments should be made in GPB Sterling.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
26. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Gradlancer Website for any purpose without our express written permission.
Additionally, you agree that you will not:
27. Closing Your Account
You may close your Account at any time by emailing us at email@example.com, subject to:
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Gradlancer Website and Gradlancer Services.
In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Gradlancer Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unathourised access of your account resulting from your failure to secure your password.
31. No Insurance or Warranty
We do not offer any form of insurance, or other Buyer or Seller protection.
32. No Warranty as to Each User’s Purported Identity
Because User identification on the internet is difficult, we cannot and do not confirm each User's purported identity. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
33. No Warranty as to Content on the Website
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 accidently 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:
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, and fitness for a particular purpose, quality, suitability and non-infringement.
34. No Insurance or Warranty
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
The limitations on our liability to you above shall apply whether or not our related entities, affiliates, our staff or we have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the UK Competition Laws and relevant fair trading legislation.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Gradlancer services again or the payment of the cost of having the Gradlancer services supplied again.
35. Jurisdiction Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
Legal notices must be served on Gradlancer (in the case of Gradlancer) or to the email address you provide to Gradlancer during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to Gradlancer must be given by registered post.
37. Law and Forum for Legal Disputes
This Agreement will be governed in all respects by the laws of The United Kingdom. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Gradlancer irrevocably submit to the non-exclusive jurisdiction of the courts of the United Kingdom.
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. We may assign this Agreement 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.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
40. 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.
You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
42. Additional Terms
It is important to read and understand all our policies as they provide the rules for trading on the Gradlancer website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our website.
Each of policy may be changed from time to time. Changes take effect when we post them on the Gradlancer website. When using particular services on our website, you are subject to any posted policies or rules applicable to services you use through the website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.
Gradlancer Limited is located at Larch House, Parklands Business Park, Denmead, Hampshire, PO7 6XP, United Kingdom.
This Agreement contains the entire understanding and agreement between you and Gradlancer. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, and Disputes With Us.
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by emailing us at firstname.lastname@example.org.