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PersianFreelancer  - Terms & Conditions

We are PersianFreelancer website, developed in Iran. These are our terms and conditions. They tell you what we do and how we do it.

By using our site, you indicate that you accept these terms and conditions, and the referenced policies, and that you agree to abide by them.

These terms and conditions are effective from Friday 1st January 2015.

1. The cheat sheet

·         Services are offered on PersianFreelancer through either HourlyServices, which are fixed price services; or Custom Jobs, which can be fixed price, price per hour or price per item. Services delivered in these ways on PersianFreelancer are collectively referred to in these terms as “Jobs”.

·         On Commencement of a Job the Buyer pays funds into the Escrow Account, and the Buyer must confirm their requirements upfront in the Work Stream.

·         The Seller must provide regular progress updates and respond within one (1) working day to all messages from the Buyer, in the Work Stream.

·         Sellers must deliver work within the delivery times either defined in their Services, or agreed with the Buyer upfront in the Work Stream for Custom Jobs. Sellers’ rankings will be penalised for late delivery.

·         Sellers must fulfill their Jobs and Buyers agree to pay for work delivered. Users will be penalised for cancellations or refunds caused by them, without just reason. Sellers must provide, and be given the opportunity by the Buyer to provide, at least two further iterations on the work delivered if the Buyer is not initially satisfied.

·         Once the Job has been completed the Seller will raise a request to receive payment, including the release of funds held in the Escrow Account. Sellers must not request payment upfront before work has been completed. Buyers must pay within the 7 day payment terms.

·         All payments for work completed must go via PersianFreelancer; attempts to pay outside of PersianFreelancer will lead to sanctions not limited to immediate account suspension. Users must immediately report to PersianFreelancer any offers to pay outside of PersianFreelancer made by their Buyer or Seller.

·         Once payment has been made, Buyers are granted all rights for the delivered work.

2. User accounts

·         To use PersianFreelancer, Users have to register for an account, provide accurate and complete information, and keep their account information updated. Both Buyers and Sellers 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.

·         The information that Users supply in the public profile of their account must comply with PersianFreelancer profile policies.

·         PersianFreelancer reserve the right to restrict your access, temporarily or indefinitely block your account, stop any Jobs you have in progress, warn other Buyers and Sellers of your actions or issue you a warning if:

a) you breach the letter or spirit of these terms and conditions or the referenced policies;

b) we are unable to verify or authenticate any information you provide to us;

c. we believe that your actions may cause any loss or liability to our Users or to us

·         Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking or if someone steals their password when they have taken reasonable steps to keep it secure). Users may never use another person’s user account or registration information for the Website.

3. Job delivery

3.1 Hourly Services

·         On purchase of a Hourly Service the Buyer’s funds will be held in the Escrow Account.

·         The Buyer will then need to provide their requirements (as specified in the Hourly Service description page) in the Work Stream so that the Seller can get started.

·         Once the requirements are provided in the Work Stream by the Buyer, the Seller must:

a) respond in the Work Stream within one (1) working day to confirm work has started otherwise the Buyer may request and will be entitled to a refund in accordance with Section 6;

b) provide regular progress updates in the Work Stream and respond within one (1) working day to all messages from the Buyer;

c) complete the Job within the delivery timescales indicated in their Hourly Service description including handover of all deliverables in the Work Stream. Failing to deliver within those timescales may mean the Buyer requests and is entitled to a refund in accordance with Section 6;

d) Late or non-delivery will negatively affect the Seller’s rankings on PersianFreelancer.

·         All direct communication between Buyer and Seller must go via the Work Stream to keep both parties protected in case of a Dispute.

·         Once the Hourly Service have been completed the Seller will raise an invoice and:

a) the Buyer is then able to leave feedback for the Seller, upon which the funds held in the Escrow Account will be automatically released to the Seller as payment;

b) alternatively, if the Buyer is not satisfied with the deliverables they can reject the invoice and provide the Seller with detailed feedback on what work remains outstanding. The Seller must provide, and be given the chance to provide, at least two revisions of the deliverables based on detailed feedback from the Buyer;

c) if the Buyer does not either i) leave feedback for the Seller, nor ii) reject the invoice, the funds held in the Escrow Account will be automatically released on their behalf to the Seller as payment after seven (7) days.

3.2 Custom Jobs

·         The Seller’s payment for Custom Jobs are either agreed as fixed price, price per item or as a per hour rate Job:

a) for a per hour rate Custom Job the Buyer agrees to pay the Seller based on the time spent, not on the real or perceived quality of any deliverables provided. The Seller must provide the Buyer, on request, with a breakdown of their billed hours as evidence;

b) for a fixed priced Custom Job the Buyer agrees to pay the Seller based on deliverables. The parties should agree upfront in the Work Stream whether to divide the project into milestones, with associated milestone payments. If milestones have not been agreed then the Custom Job will only be invoiced on full completion of all deliverables.

c) for price per item Custom Jobs the Buyer agrees to pay the Seller for all items delivered.

·         On acceptance of a Proposal the Buyer will pay into the Escrow Account the agreed deposit amount.

·         The Buyer must then provide their detailed requirements in the Work Stream so that the Seller can get started. These requirements should include (but not be limited to):

a) timeframe for delivery of the Job or milestones;

b) description of any subjective elements of the Job like aesthetics providing similar examples;

c) breakdown of all expected deliverables;

d) any other expectations for the work.

·         Once requirements have been received from the Buyer, the Seller must:

a) respond in the Work Stream within one (1) working day to confirm commencement of work. Failing to respond within one (1) working day may mean the Buyers requests and will be entitled to a refund in accordance with Section 6;

b) provide regular progress updates in the Work Stream and respond within one (1) working day to all Work Stream messages from the Buyer;

c) complete the Job, including handover of all deliverables in the Work Stream, within the delivery timescales agreed with the Buyer,

·         if missing a previously agreed deadline is unavoidable then the Seller must inform the Buyer immediately in the Work Stream and provide a revised delivery date.

·         failing to deliver the work within agreed timescales, or repeatedly revising previously agreed deadlines, may mean the Buyer requests a cancellation of the Custom Job and will be entitled to a refund of any funds in the Escrow Account.

·         late or non-delivery of a Job will negatively affect the Seller’s rankings on PersianFreelancer.

·         All direct communication between Buyer and Seller should go via the Work Stream to keep both parties protected in case of a Dispute.

·         When the Custom Job is completed (or an agreed milestone has been reached) the Seller will raise an Invoice:

a) the fees charged in the Invoice should be as has been explicitly agreed upfront in the Proposal. If requirements/ scope changes materially during a Custom Job the Seller may need to propose a change to a previously agreed price. This must be explicitly agreed in the Work Stream before any extra work is undertaken so that the Buyer can confirm whether they wish to proceed with the additional scope for the extra cost;

b) the Buyer must pay the Invoice within seven (7) days of the Invoice being raised;

c) alternatively, if the Buyer does not agree that the Job has been completed then the Buyer can reject the Invoice. The Buyer must then provide the Seller with detailed feedback in the Work Stream on what work remains outstanding. The Seller must provide, and be given the chance to provide, at least two iterations of the deliverables based on detailed feedback from the Buyer;

d) if the Buyer does not either i) pay the Invoice or ii) reject the Invoice within such seven (7) day period PersianFreelancer will provide assistance to the Seller to chase payment and may temporarily or permanently restrict the Buyer’s account. If the Invoice remains unpaid after thirty (30) days a final 24-hour notification will be issued to the Buyer. If after 24 hours the Buyer has not responded to this notification the funds in the Escrow Account, up to the unpaid Invoice amount, will be released to the Seller’s PersianFreelancer Wallet.

3.3 Quality

All Sellers on PersianFreelancer must strive to deliver a high standard of work, appropriately meeting their Buyer’s needs.

Specifically, Sellers must ensure that all deliverables provided in a Job:

·         a) are error free;

b) fully address each of the Buyer’s defined requirements;

c) are of a standard consistent with the level of expertise indicated in the Seller’s profile and Hourly Service or Proposal for Custom Jobs; and

d) are a complete set of deliverables as defined in the Hourly Service description or as agreed in the Work Stream as part of the requirements for Custom Jobs.

3.4 The heavy but important bits:

·         The Buyer and Seller create a direct service contract between themselves and PersianFreelancer are not party to that contract.

·         Ownership in and to any materials and or deliverables arising from a Job and any intellectual property rights therein, will be assigned to the Buyer upon successful payment for the Job. If the Buyer and Seller wish to include any special terms of the contract (for example, in relation to the ownership of the work produced, ownership of intellectual property rights or special rights of termination), the Buyer and Seller should negotiate and document these terms in the Work Stream.

·         The terms and conditions of each Job shall be deemed to incorporate a term that in consideration of the fee paid for the Job the Seller thereby assigns to the Buyer absolutely with full title guarantee the following rights throughout the world:

a) the entire copyright and all other rights in the nature of copyright subsisting in the Job;

b) any database right subsisting in the Job; and

c) all other rights in the Job of whatever nature, whether now known or created in the future, to which the Seller is now, or at any time after the date of Commencement of the Job may be, entitled by virtue of the laws in force in the Iran and in any other part of the world,

in each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, 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 Commencement of the Job.

·         You promise that:

a) you are able to pay for the services if you are a Buyer and perform the services if you are a Seller;

b) you are not in breach of any applicable laws, rules or regulations or obligations to any other person;

c) you 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;

d) you shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, Job, or Proposal on or through the services PersianFreelancer provide, including without limitation any User Content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.

4. Payments

·         Payments are made as described in Section 3, for a Job agreed by the Buyer as successfully completed. The payment terms are seven (7) days.

·         The Seller must not request a release of funds from the Escrow Account prior to Job completion; the purpose of funds being held in the Escrow Account is to provide the Seller with the security needed for them to undertake the work. Buyers must report such cases immediately. In such cases the Seller’s account may be temporarily or permanently suspended.

·         All payments between Buyer and Seller must be processed through PersianFreelancer as described in Section 3, both for work sourced on PersianFreelancer and for any follow on work between the Buyer and Seller, either for the same Job or another Job.

·         Payment (or attempt of) outside of PersianFreelancer is a breach of these terms and conditions and will lead to temporary and/ or permanent suspension of the Buyer and/ or Seller’s account. The Seller will be liable for any loss of business and legal expenses that PersianFreelancer may incur in recovering it. PersianFreelancer reserve the right to sanction funds held in the Seller’s wallet in order to recover lost fees. Moreover, PersianFreelancer will not mediate any Disputes or be liable to either the Buyer or Seller’s loss of business as a result of violation of this clause. Users must report attempts or offers to make payment outside of PersianFreelancer by their Buyer or Seller to PersianFreelancer immediately.

·         Payments by Buyers are routinely checked by PersianFreelancer for fraud prevention purposes, before any payments are released to the Seller. PersianFreelancer aim to process these payments and credit funds to the Seller’s PersianFreelancer wallet within three (3) working days, however PersianFreelancer reserve the right to take up to ten (10) working days.  

·         To withdraw funds from their PersianFreelancer Wallet a Seller needs to request a withdrawal. PersianFreelancer process payments daily and will send the money to the Seller via Paypal. 

·         In using the Escrow Account PersianFreelancer act, subject to these terms and conditions, on the User’s behalf. PersianFreelancer hold the funds in a separate client account. PersianFreelancer is not a deposit taking body and any monies held by PersianFreelancer on a User’s behalf are not insured deposits. Users will not receive interest or other earnings on the funds in their Escrow Account or PersianFreelancer Wallet. PersianFreelancer will endeavour to ensure that the funds in the Escrow Account or PersianFreelancer Wallet are available to the User 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.   

·         To prevent funds being held indefinitely in the Escrow Account, PersianFreelancer will notify the Seller in the event of funds being held in an Escrow Account for a Job that i) does not have an unpaid Invoice nor an open Dispute; and ii) has not had any activity in the Work Stream for a period of one (1) calendar month or longer. Activity is defined as any action by the Buyer or Seller in the Work Stream such as: a message posted, an Invoice is raised, a deposit into the Escrow Account made or a Refund Request raised.

a) The Seller will be asked to confirm either i) that the Job is still in progress by posting a message to the Buyer in the Work Stream with an update on progress; ii) that the Job has been completed by raising an Invoice in accordance with the terms defined in Section 3; or iii) that the Job was cancelled and issuing the Buyer with a refund in accordance with the terms in Section 6.

b) If no action is taken by the Seller within seven (7) days it will be assumed that the Job was not delivered by the Seller and the funds held in the Escrow Account will be automatically refunded back to the Buyer’s PersianFreelancer Wallet. In this event the Seller’s rankings will be affected in accordance with the terms in Section 6.

5. Leaving Feedback

·         When the Job is completed and the Seller has been paid by the Buyer, both parties are asked to provide both qualitative feedback and a rating from 1-5 for the other party. This rating influences each User’s ranking on PersianFreelancer.

·         Both parties should 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 PersianFreelancer.

·         Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.

6. Cancellations and refunds

6.1 Cancellation of a Job

·         After the Commencement of a Job, the Buyer or Seller may request a cancellation:

a) the requestor must notify the other party of the cancellation by placing a message in the Work Stream. Alternatively, if there are funds in the Escrow Account and the Buyer believes they are entitled to a refund subject to Section 6.2, the Buyer can notify the Seller of the cancellation by requesting a refund using the “Request Refund” action on the Work Stream.

b) if the Buyer fails to notify the Seller in the Work Stream that they wish to cancel the Job and the Job is subsequently completed, the Buyer must pay for the service delivered in accordance with these terms and conditions.

·         Once notified of a cancellation:

a) the Seller should stop working on the Job immediately;

b) the parties should agree in the Work Stream what payment is necessary for any work completed (or time spent, if it is a per hour Custom Job). If the cause of the cancellation was not due to the circumstances defined in Section 6.2 the Seller is entitled to request payment at minimum equal to the value of the deposit funds held in the Escrow Account. The Seller should request payment in accordance with Section 3 of these terms.

6.2 Refund policy

·         A Buyer is entitled to receive a refund of funds held in the Escrow Account under the following circumstances:

a) no response: the Seller has not responded in the Work Stream within one (1) working day of the Commencement of the Job;

b) non-delivery:

·         for Hourly services, the Seller of an Hourly Service did not deliver the scope of work within the delivery timescales indicated in the Hourly Service.

·         for fixed price or price per item Custom Jobs, non-delivery means agreed scope of work was not delivered within the agreed timescales;

·         for per hour rate Custom Jobs no time has been spent.

c) poor quality: with the exception of per hour rate Custom Jobs, the deliverables provided by the Seller do not meet the terms defined in Section 3.2 after at least two revisions have been provided by the Seller in response to detailed feedback from the Buyer; or

d) the Seller lost a Dispute.

·         Buyer and Seller may mutually agree to a refund for reasons other than the previous clause however authorization of such refunds will be subject to a review by PersianFreelancer, as defined in Section 6.3 .

·         Refunds are only applicable to funds held in the Escrow Account. As per Section 3, funds should only be paid out of the Escrow Account once the Buyer is satisfied that the Job (or any agreed milestone deliverables) has been completed. By releasing funds from the Escrow Account the Buyer accepts that this money is non-refundable.

·         Buyers must avoid filing a dispute or reversing payment through their credit card holder, Bank or PayPal. Attempts to seek a refund in this way will lead to the Buyer’s account being automatically suspended.

6.3 Requesting a refund

·         A Buyer can request a refund of the funds held in the Escrow Account using the “Request Refund” action in the Work Stream and specifying a reason for their request:

a) the Seller must either approve or reject the Refund Request. Rejected Refund Requests are raised automatically to PersianFreelancer for Dispute assistance and handled in accordance with Section 7;

b) if the Seller does not respond to a Refund Request within three (3) working days (a “non-actioned” Refund Request) then PersianFreelancer may release the funds automatically back to the Buyer subject to the following clause.

·         PersianFreelancer will process approved (or non-actioned) refund requests back to the Buyer’s PersianFreelancer Wallet 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 PersianFreelancer reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations PersianFreelancer shall not be obliged to make the refund.

6.4 Refund and cancellation penalties

·         Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the PersianFreelancer marketplace as follows:

a) where the Seller is at fault for the refund (for example, due to no response, poor quality of work or they have cancelled the Job), it will negatively impact their Seller status and rankings;

b) where the Buyer is found to be the cause for the refund (for example, an early cancellation due to a change in their business need) it will negatively impact their Buyer status;

c) multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.

·         PersianFreelancer will process approved (or non-actioned) refund requests back to the Buyer’s PersianFreelancer Wallet 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 PersianFreelancer reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations PersianFreelancer shall not be obliged to make the refund.

7. Disputes

·         PersianFreelancer encourage our Sellers and Buyers to try and resolve any disagreements between themselves. However should that not be possible PersianFreelancer Customer Services can provide Dispute resolution.

·         A Dispute can be raised as follows:

a) by the Seller manually after a Buyer has rejected an invoice;

b) by the Seller automatically if they decide to reject a Refund Request received from a Buyer.

·         If the amount disputed is $100 or above, PersianFreelancer will reach out to both parties in order to mediate and try and bring the Dispute to resolution.

·         If a resolution cannot be mutually agreed between both parties within seven (7) days, including if either party are uncontactable during this period, or for disputed amounts below $100 PersianFreelancer will make a resolution decision on behalf of both parties.

·         In the event of having to make a resolution decision, PersianFreelancer will use only the communication in the Work Stream as sole evidence, and consider:

a) if both parties 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 parties to complete or rectify the Job;

b) if the Job was delivered (or the milestone was met, if the Dispute is for a milestone payment) in accordance with the terms in Section 3;

c) for Disputes concerning the quality of the work delivered: PersianFreelancer will consider whether the Seller has met general quality standards as defined in Section 3.3. Assessments on quality i) down to perceived taste, or ii) requiring specialist technical or subject matter expertise, will not form part of the resolution decision;

d) if the Buyer and Seller have complied with these terms and conditions.

In the event of having to make a resolution decision on behalf of the parties, PersianFreelancer will email the decision to both parties within fourteen (14) days of the Dispute. The disputed funds shall be dealt with in accordance with the resolution decision. Our involvement with the Dispute ends once the resolution in relation to the Dispute has been sent.

8. PPH fees

8.1 Buyer Fees

·         PersianFreelancer do not charge a fee to the Buyer for posting a project.

·         There is an optional listing fee of $5 where a Buyer may choose to mark a job listing as ‘urgent’ with a prominent symbol that will make it stand out.

8.2 Seller fees

·         PersianFreelancer charges Sellers a Service Fee of a 10% on all work billed and paid by the Buyer (earnings.

·         The minimum Service Fee per invoice is $1.

·         When a Seller withdraws funds from their PersianFreelancer Wallet, PersianFreelancer deducts $1 from the total payment.

·         If a Seller decides to purchase optional features to further increase their chances of winning work on PersianFreelancer they will pay a feature fee. The latest fees for these features can be found on the page for posting projects .



9. Privacy Statement

By proceeding to use the PersianFreelancer service Users consent that PersianFreelancer may process the personal data (including sensitive personal data) that PERSIANFREELANCER collects from them in accordance with the  PersianFreelancer Privacy Policy.

10. Governing Law

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Iran. The courts of Iran shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).

11. Definitions

In these terms and conditions:

'Buyer' means a person buying services from a Seller on PersianFreelancer;

'Commencement of the Job' means either the purchase of an Hourly Service by the Buyer or acceptance of a Proposal for a Custom Job by the Buyer in the Work Stream;

‘Content’ means such things as data, text, photographs, videos, audio clips, written posts and comments, graphics, User content and interactive features generated, provided, or otherwise made accessible on or through PersianFreelancer;

'Custom Job' is a piece of work that commences with the acceptance of a Proposal by a Buyer. This work is agreed either after the Buyer has posted a request on PersianFreelancer or in direct communication between a Buyer and a Seller in the Work Stream. A Custom Job can also be agreed as a follow on piece of work after an Hourly Service purchase;

‘Dispute’ means a dispute raised in relation to a rejected Invoice or a rejected Refund Request;

'Escrow Account' means the virtual account where money is deposited on Commencement of the Job and is only released in accordance with these terms and conditions;

'Hourly Service means a pre-packaged service, that is offered on PersianFreelancer by a Seller for a fixed price and delivered within fixed timescales.

'Invoice' means a bill for a completed Job which is raised by the Seller in the Work Stream or in the PersianFreelancer payments dashboard;

'Job’ means a piece of work that a Seller and Buyer agree via PersianFreelancer is to be provided by the Seller to the Buyer. Job refers to work either agreed when the Buyer purchases an Hourly Service, or when a Proposal by a Seller is accepted by the Buyer for a Custom Job;.

‘PersianFreelancer’ means the website with the domain name http://www.PersianFreelancer.ir/en or PersianFreelancer as the context so requires;

‘PersianFreelancer Wallet’ means the online electronic wallet which holds your money that is available to you to either withdraw at anytime or use as currency to pay for Jobs on the site;

'Proposal' means an offer made by a Seller to a Buyer to provide a Custom Job and which must contain a fee quotation;

‘Seller' means a person selling services to a Buyer via PersianFreelancer;

‘User’ means any person who uses PersianFreelancer;

‘User Content’ means all Content uploaded, submitted, distributed, or posted to the services by Users, including without limitation, Proposals and communication via the Work Stream. User Content does not include any materials or deliverables, or intellectual property therein arising from a Job, which shall be assigned to the Buyer on successful payment for the Job. User Content is the sole responsibility of the person who originated it;

 

'Work Stream is where all the communication between Buyer and Seller is conducted in private. Via the Work Stream, the parties can exchange information including attachments, send a Proposal or raise an Invoice, make payments, request a refund or raise a Dispute in relation to a Job.PersianFreelancer

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