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This agreement sets out the terms and conditions ('Terms and Conditions') applicable to members of the service operated by JoomLancers.com. Buyers and Providers (referred to as 'members') must agree to the following Terms and Conditions. In the event a member breaches or otherwise fails to comply with any provision of these Terms and Conditions then in addition to any other remedy available to JoomLancers, JoomLancers may terminate the participation of such member in the service and/or may withhold any payments relating to participation in the service due to such member from JoomLancers.
JoomLancers.com shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service.
REMOVAL FROM NETWORK
JoomLancers.com reserves the right to terminate the participation of any member or site without reason but expressly including any member site that JoomLancers judges to be in violation of the Terms and Conditions.
Members in violation of JoomLancers' Terms and Conditions will be immediately deactivated. JoomLancers may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from JoomLancers. Members that are terminated by JoomLancers on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from JoomLancers.
PAYMENTS Revised on 25th Dec 2009
JoomLancers will typically print and mail cheques if the member requests it AND their account balance is equal to or greater than US$10. This also applies to payments made through the PayPal service. All amounts are stated in and all payments will be made in US funds. We verify all deposits and might ask you to verify yours; If you refuse to send verification information via E-mail, Fax or Phone, we reserve the right to refund the deposit and terminate your account. JoomLancers reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your JoomLancers account or face account termination.
As previously stated, any member site that JoomLancers removes from the service due to violation of the Terms and Conditions will receive no credit or payment.
Joomlancers offers members with an advanced, non-compulsory, free of charge work-phase payment method to help projects get completed smoothly.
JoomLancers does not operate an escrow service. The work-phase payment just gives facilities for an advance payment through which Buyers can set aside a specific amount of money on Joomlancers for a Provider who shall or is undertaking buyer’s project posted on the marketplace. Upon completion of work (or work phase), it is at buyer's whole responsibility to verify that he has received what he has asked for, and release these funds at his discretion. If the project is cancelled amicably, the Provider can deny the work-phase payment and the money will return to the Buyer's account. If there are any disputes over a project, the Joomlancers staff must be contacted before any money can be moved from the work-phase account.
Full refund to the sender with regard to work-phase payment shall be made if:
(i) JoomLancers fails to receive any instruction from the sender with regard to such work-phase Payment within 365 days from the date the Work-phase Payment is made, or
(ii) The sender does not log in during that time period.
After coding is completed, Provider agrees to send the entire and complete deliverables at the time of work completion (or each milestone's completion) to a location specified by both Buyer and Provider in the Project Agreement. Buyer assumes complete and sole responsibility for timely and adequate testing to determine whether or not the deliverables are 100% accepted or partially satisfactory (if Buyer and Provider pre-agreed upon partial milestones). Buyer agrees that any advance payment (if any) before final deliverables acceptance is regarded as high risk activity and can result in a loss of funds for the Buyer. Should the Buyer not approve 100% deliverables, then Buyer agrees to notify the Provider the problem in a timely basis so that it can be resolved. Should any dispute arise from either Buyer and Provider regarding acceptance, both Provider and Buyer agree to abide by the JoomLancers rules in dispute resolution.
A deadline for delivery of the deliverables is set in the bid submitted by provider or otherwise stipulated in Project Agreement which is agreed by both Buyer and Provider. If the delivery schedule indicates "due in # of days", then the delivery date is deemed to be the # of days (24 hours periods) from the time Project Agreement is accepted by Buyer and Provider. Buyer and Provider agree to fulfill all terms and conditions specified in Project Agreement so that work can begin. The Freelancer agrees to deliver 100% of agreed upon deliverables to the Buyer on or before the delivery deadline. In certain cases, delivery deadline might be negotiated via Private Message system. If so, then the deadline must be mutually agreed upon by both Buyer and Provider. Should there be any dispute over anything regarding the deadline, the final determination will be given at JoomLancers's sole discretion per the rules of dispute resolution.
Should the Provider expect additional time for completing agreed upon deliverables and feels that the extension might be accepted, then the Provider should negotiate the change with the Buyer as soon as possible. If the Provider fails to receive Buyer's acceptance, then the original deadline remains unchanged.
CHARGEBACK (RETURN POLICY)
JoomLancers reserves the right to require for reimbursement from you as a Provider/Buyer if JoomLancers detects erroneous or duplicate transactions, or JoomLancers receives a charge-back from any Provider/Buyer's credit card issuer or PayPal for any reason. JoomLancers may seek reimbursement by charging Provider/Buyer's account, deducting amounts from future payments owed to the Freelancer/Buyer, charging such Provider/Buyer's credit card, or by pursuing whatever lawful means become necessary to secure repayment. Failure to pay for reimbursements of charge-backs is cause for termination of Service.
No copyright material can be posted on JoomLancers. This includes scripts which are sold by the author. Only posting sections of these scripts, as examples, will be permitted. A "section" being no more than 10% of the script's contents. This is meant to protect the author's rights.
JoomLancers reserves the right to change the member Terms and Conditions at any time. It is the member's responsibility to check these Terms and Conditions from time to time for such changes. In the event JoomLancers offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.
Members agree that all information contained on a website operated by JoomLancers, and all information compiled by JoomLancers through operation of the affiliate program, is the proprietary information of JoomLancers. Personal information provided by members to JoomLancers will be kept confidential and will not be distributed to any third party.
Members agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by JoomLancers at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a programmer (or you are the programmer chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, etc... See "Avoiding Commissions" below for the reason.
PROVIDING CONTACT INFORMATION Revised on 24th March 2008
You are allowed to post contact details on JoomLancers with condition that you are Sponsor members (applicable for both Buyer and Provider) or under Featured project (if you are Buyer). The contact details include but not limited to email address, ICQ number, phone number, website url, skype, msn, yahoo nick etc., Posting contact details should be conducted in line with the mentioned restrictions, otherwise, it is deemed as a breach of our Terms of service which leads to payment penalty (USD20 and USD50 respectively) or even suspension of your account if the first two payment penalties are applied against your account. Please note that when selecting to post contact details on JoomLancers, you do so at your own risk as we could not guarantee to protect against the loss, misuse or any security threats associated with your contact details that you submit on our website.
In short, Do NOT post contact information anywhere unless
1. You are a SPONSOR Members
2. You pay for posting contact info
3. Your project is a Featured projects
You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of JoomLancers) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). But this also applies to any project that was closed without a provider being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying JoomLancers if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying us, will be considered an attempt to avoid the commissions. When a provider requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the provider has failed to notify JoomLancers staff of a payment received above the amount of his bid (a total payment above US$100), JoomLancers reserves the right to deduct double the fee for the amount that should have been reported. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on JoomLancers.
Providers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This applies to Buyers too. Buyers cannot create projects that directly or indirectly require Providers to place hourly or other abnormal bids.
New users are limited to the posting of only 3 projects before being asked to make a deposit. This is meant to protect other users and prevent fraudulent activity. A user is required to deposit any amount of funds before they gain the right to post unlimited projects. A user may request higher posting limits, under special circumstances, by simply contacting JoomLancers support.
You are prohibited from advertising your website on JoomLancers. Any URL posted in a bid, project description, or the message board, must relate to a project on JoomLancers. An example of a permissible URL: your portfolio or resume page.
THE ROLE OF JOOMLANCERS.COM
JoomLancers functions as a venue to connect Project Managers and Programmers in a virtual marketplace. As a neutral facilitator, JoomLancers is not directly involved in the actual transactions between users of the Site. As a result, JoomLancers has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, JoomLancers cannot and does not confirm the identity of users. JoomLancers also does not confirm nor verify the qualifications, background, or abilities of users.
In the event of dispute, you acknowledge and agree that JoomLancers will not be a party to any such dispute. JoomLancers is not obligated to take any action resolving any dispute. You (referred to as members) hereby release and discharge JoomLancers from any and all claims and demands arising out of or in connection with the use of the JoomLancers service, including without limitation any and all claims for damages (actual and consequential) of every kind and nature related to any dispute.
Therefore, We recommend that You be careful and exercise common sense and good judgment when dealing with any member on the Site. You are enouraged to review our Project Guidlines before taking part in a project. If you are unsatisifed with another member, the most JoomLancers can do is refund the project commission you have been charged by us. We cannot refund the money you have sent to someone, we are not responsible for your transactions. JoomLancers is not responsible for fraudulent payments made by users and cannot be held liable for financial loss incurred from fraudulent transactions. It is the receiver's responsibility to verify the identity and background of the sender.
We thank you for choosing the JoomLancers.com service and we look forward to a mutually successful business relationship