User Agreement for FreelanceGhana
This is an important document which you must consider carefully when choosing whether to use the www.freelanceghana.com website at any time.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH FreelanceGhana OFFERS YOU ACCESS TO OUR SERVICES.
Acceptance of User Agreement
This user agreement ("User Agreement" or "Agreement") is a contract between you and FreelanceGhana. The Site is offered to you conditional on your acceptance of the User Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement.
This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and FreelanceGhana as to its subject matter.
If you do not agree to any of these terms and conditions you should immediately cease to use the Site. Please note that we may close, suspend, or limit your access to your FreelanceGhana account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to your funds if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.
Amendment of User Agreement
FreelanceGhana may amend or modify this User Agreement in whole or in part from time to time, without notice, by posting an amended User Agreement on the Site or any linked information. Such updated version of the User Agreement will be effective at the time we post it.
1. ELIGIBILITY
FreelanceGhana offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities who can form legally binding contracts under applicable law. Without limiting the foregoing, this Site are not available to persons under 18 years of age. If Users do not qualify, they cannot use any of FreelanceGhana's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us.
2. USERS
The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.
FreelanceGhana provides a venue to introduce Users who wish to provide professional services ("Freelancers") and Users who seek such professional services ("Employers")(respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together online to complete, invoice and pay for projects.
3. LEGAL RELATIONSHIP BETWEEN YOU AND FreelanceGhana
3.1 Termination
FreelanceGhana reserves the right to terminate the participation of any User without reason but expressly including any User that FreelanceGhana judges to be in violation of the User Agreement. Without limiting the foregoing, FreelanceGhana may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
3.2 Relationship between Users
The only parties to a project are the Freelancer and the Employer. Upon the Employer awarding a project to a Freelancer and the Freelancer's acceptance of a project on the Site, the Employer agrees to purchase, and the Freelancer agrees to deliver the Provider Services in accordance with the following agreements:
(1) the User Agreement; and
(2) the User Services Agreement between the Employer and Freelancer available on the Site, as amended from time to time;
(3) any other contractual provisions accepted by both the Freelancer and Employer uploaded to the Site, to the extent not inconsistent with the User Agreement; and
(4) the project terms as awarded and accepted on the Site, to the extent not inconsistent with the User Agreement.
You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a member contract in conflict with the User Agreement is void.
3.3 User Responsibilities
The responsibilities of the Freelancer and Employer are set out in the Services Agreement between Freelancer and Employer.
When you enter into a transaction you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement.
You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law) international laws, statutes, ordinances and regulations relevant to you as a Employer or Freelancer, or in any other uses you make of the Site.
If another user breaches any obligation to you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, FreelanceGhana has no responsibility for enforcing any User rights.
3.4 No Insurance
FreelanceGhana does not offer any form of insurance or other Employer or Freelancer protection which will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Employers and Freelancers. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited buyer or seller protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.
Because user identification on the Internet is difficult, we cannot and do not confirm each User's purported identity.
3.5 Independent Contractors
Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
3.6 Terms of use
The User understands and agrees to the following terms:
Our Site merely acts as an online venue to allow Users to offer and buy professional services. You acknowledge and agree that FreelanceGhana is not involved in the actual transaction between the Freelancers and Employers. As a result, FreelanceGhana has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Freelancers to provide the services or the Employers to pay for the services. We do not guarantee that a User will actually complete a transaction or act lawfully in using the Site.
Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that FreelanceGhana provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabelled or deceptively labelled accidentally by FreelanceGhana or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
FreelanceGhana provides unmonitored access to third-party content. FreelanceGhana is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. FreelanceGhana does not control nor always review the web sites to which we link from the Site. FreelanceGhana, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
FreelanceGhana does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. FreelanceGhana expect that the User will undertake necessary activities and practices and will use caution and common sense when using FreelanceGhana for User's Account.
3.7 Promotion
You agree and acknowledge that unless explicitly requested, FreelanceGhana may display your company name, logo and public description of your projects and profile as part of the FreelanceGhana website(s) and / or other FreelanceGhana marketing material.
4. FEES
All fees are set forth in the summary of FreelanceGhana's fees and charges which can be found on the Site. All fees will be assessed in GH Cedis. Your Account and all transactions are made and displayed in GH Cedis unless otherwise specified.
FreelanceGhana earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by FreelanceGhana that are accessible through the Site and to cover expenses and fees FreelanceGhana incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, FreelanceGhana transfers the remaining payment amount to the Freelancer.
FreelanceGhana charges fees in relation to the posting of a project; posting a featured project; hiding a project from search engines; hiding bids from other Users; posting a private project; project commission fees; and other miscellaneous fees that are described on the Site.
Users can choose various membership programs to subscribe to different levels of participation on the Site which will incur additional fees.
5. ESCROW PAYMENTS
FreelanceGhana has a special, non-compulsory feature, which allows controlled payments to be made with respect to a project to a Freelancer. The owner of a project creates an Escrow Payment which is required to be accepted, rejected or simply ignored by the Freelancer. If the payment is accepted by the Freelancer, FreelanceGhana makes sure that the Employer has enough funds to cover the cost of the payment. The funds are then transferred from the Employer's account and held by FreelanceGhana until the Employer and the Freelancer agree that the funds should be released to the Freelancer or until the Employer and the Freelancer have concluded the process of the Dispute Resolution Services (as defined below). Once an Employer instructs FreelanceGhana to pay a Freelancer that performed a service for him/her, the Employer acknowledges that the Freelancer has completed the service fully and satisfactorily.
FreelanceGhana will then disburse the Escrow Payment to the Freelancer. If an Employer does not approve of the Freelancer's work, the Parties agree to be bound by the terms of the Dispute Resolution Services set out below.
5.1 Inactive Users
In the event that the Employer has not provided any instruction to FreelanceGhana with respect to an Escrow Payment within 1 year after the day the Escrow Payment was made, and has not logged in during that time period, such Escrow Payment will be refunded to the User account of the person who initially paid it.
6. ACCOUNTS
6.1 Opening Account
To become a User and access the Site and Services you must register for an "Account.. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
6.2 Accounts
You agree that you will not receive interest or other earnings on the funds that FreelanceGhana handles as your contractor. FreelanceGhana may receive interest on those funds. FreelanceGhana will not be liable for any lost interest on such funds.
All amounts are stated in and all payments will be made in GH Cedis. FreelanceGhana 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 FreelanceGhana account or face account termination and any other remedies available to FreelanceGhana to recover the funds.
Any User that FreelanceGhana removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.
FreelanceGhana requires you to make all payments to FreelanceGhana and to make payments to and accept payments from other Users in the purchase and sale of Services for FreelanceGhana projects directly through the mechanisms available on the Site. You understand and agree that FreelanceGhana will not hold funds (including Escrow Payments) delivered to FreelanceGhana from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of FreelanceGhana in any account, at any institution, or in any other manner FreelanceGhana may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by FreelanceGhana for general corporate purposes or otherwise, provided that FreelanceGhana will remain contractually obligated to make payment to you, as a Freelancer or Employer, for any purchases and sales of Services provided by you through FreelanceGhana. To the extent FreelanceGhana is obligated to make payment to you, you will be an unsecured creditor of FreelanceGhana.
6.3 Acknowledgement
You acknowledge that: (1) FreelanceGhana is not a bank or other licensed financial institution and does not provide banking services; (2) the amounts shown as on deposit, including Escrow Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of FreelanceGhana to the User with respect to the purchase and sale of Services through FreelanceGhana; (3) FreelanceGhana is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. By initiating and sending payments through FreelanceGhana, you appoint FreelanceGhana as your agent to obtain the funds and hold and to transfer such funds to the Freelancer or Employer for Services, subject to these terms and conditions.
6.4 Inactive Accounts
User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will incur a dormant account fee of GH¢10 per month until either the Account is terminated or reactivated.
FreelanceGhana reserves the right to cancel Inactive Accounts with a nil or negative balance.
6.5 Chargebacks
You acknowledge and agree that any chargebacks (a chargeback occurs when a buyer rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Employers through the Site are your responsibility and you will not hold FreelanceGhana liable for such. You agree that FreelanceGhana may reverse any such payments that are subject to chargeback via our Payment Processors. To cover the cost of processing chargebacks, FreelanceGhana assesses a GH¢20.00 fee to Users for credit and debit card payment chargebacks.
6.6 Insufficient funds in Accounts
If there are not sufficient funds in your User Account to meet outstanding fees and charges, FreelanceGhana reserves the right to collect any amounts owing to FreelanceGhana by any other legal means.
6.7 Taxes
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 by FreelanceGhana. These taxes will be added to fees billed to you, if applicable.
7. AVOIDING COMMISSIONS
7.1 Prohibition on negotiation of fee outside of Site
You are strictly prohibited from attempting to negotiate the fee for a project with another user directly (outside of FreelanceGhana) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without a Service Provider being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying FreelanceGhana if the payment amount increases (above the bid amount) after the project is closed.
You are strictly prohibited from under-bidding on projects in an attempt to renegotiate the actual price privately, avoiding fees. We aim to provide a fair and open playing field at FreelanceGhana, and such activities interfere with providing such a marketplace. FreelanceGhana charges project commissions on all funds received by either direct transfer or Escrow Payment through the site, regardless of the final bid amount.
We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance or underbidding on the Site.
7.2 Email
Users 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 FreelanceGhana at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Service Provider (or you are the Service Provider 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, GTalk and Yahoo.
7.3 Providing contact information
You are prohibited from making direct contact with another User, unless it's for a project you (a Service Provider) have been picked for, or you (a Service Buyer) have picked a Service Provider for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site.
8. USER CONTENT
8.1 Content
The User is solely responsible for content or any other information the User provides to FreelanceGhana. User understands and agrees to the following:
* FreelanceGhana is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. FreelanceGhana has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for FreelanceGhana, harm its business operation or reputation, or cause FreelanceGhana to lose the services of its suppliers.
* User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libellous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
* No copyrighted material can be posted on the Site. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights
8.2 Grant of License
Subject to clause 8.3 below, by submitting User content to FreelanceGhana (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a project; sending messages through or to FreelanceGhana). You hereby grant to FreelanceGhana a worldwide, exclusive, sublicensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of FreelanceGhana (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
8.3 Feedback, Reputation and Reviews
By using the Site, you acknowledge that you transfer copyright of your feedback, reputation and reviews you leave (whether an "Employer" or "Freelancer"), consisting of comments and a multidimensional rating (e.g. Quality, Communication, etc) together with a composite rating by FreelanceGhana ("Feedback"). You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with FreelanceGhana's policies as posted on the Site 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 membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to Freelancer.
FreelanceGhana's feedback ratings belong to us and may not be used for any purpose other than facilitating the exchange of services between Users of the Site. You may not use your Freelancer feedback (including, but not limited to, marketing or exporting your composite rating or feedback comments) in any real or virtual venue other than a website operated by FreelanceGhana or its related companies without our written permission.
9. USER RESTRICTIONS
9.1 Advertising
Users are prohibited from advertising a website on the Site. Any URL posted in a bid, project description, or the message board, must relate to a project on FreelanceGhana. An example of a permissible URL would be a User's portfolio or resume page.
9.2 Bidding
Service 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 also applies to Service Buyers. Service Buyers cannot create projects that directly or indirectly require Service Providers to place hourly or other abnormal bids.
9.3 Employer
The Employer agrees that:
* The Employer is strictly forbidden from redistributing any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
* The Employer will not use the Employer's Account to post false or misleading project descriptions.
* The Employer will not post project descriptions that, in the judgment and discretion of FreelanceGhana, are inappropriate to FreelanceGhana's audience, viewers, or visitors in the judgment and discretion of FreelanceGhana.
* The Employer agrees to pay featured project fee if project posted should have been posted as featured.
* The Employer will not falsify the Employer's own or any other identity.
* The Employer will comply with all of FreelanceGhana's policies as posted on the Site from time to time.
9.4 Freelancer
The Freelancer agrees that:
* The Freelancer will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
* The Freelancer will not falsify Freelancer's own or any other identity.
* The Freelancer will comply with all FreelanceGhana policies as posted on the Site from time to time.
9.5 Prohibited use of Site content
The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:
* use this Site or its contents for any commercial purpose;
* access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
* violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
* take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
* deep-link to any portion of this Site for any purpose without our express written permission;
* "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorisation; or
* attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site or the services.
9.6 General restrictions
Users agree that:
* Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of FreelanceGhana.
* Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
* Users will not contact employers or freelancers through the Site or through information gained from our Site with the intent of subverting them from using our Services.
* Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
* Users will not create multiple user Accounts.
9.7 Consequences of termination
In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from FreelanceGhana.
Without limiting FreelanceGhana's other remedies, to the extent you are in violation of this User Agreement, you must pay FreelanceGhana for all fees owed to us and reimburse us for all losses and costs (including any and all FreelanceGhana employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You and FreelanceGhana agree that the damages that FreelanceGhana will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then FreelanceGhana may fine you up to GH¢1,500.00 for each such violation and/or FreelanceGhana may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to GH¢1,500.00 is presently a reasonable pre-estimate or minimum estimate of FreelanceGhana's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to FreelanceGhana that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
You agree that FreelanceGhana is entitled to deduct such charges directly from any existing balance in the offending Account, or any other FreelanceGhana Account owned by you.
Users that are terminated by FreelanceGhana on any basis other than violation of this User Agreement will be entitled to receive any payment due from FreelanceGhana.
In the event of termination, you will have no claim whatsoever against FreelanceGhana in respect of any such suspension or termination of your membership.
10. DISPUTE RESOLUTION SERVICES
10.1 Dispute Resolution Services
FreelanceGhana offers the Dispute Resolution Services to registered users who have elected to use the Escrow Payment feature. You agree and acknowledge that: (i) FreelanceGhana is not providing legal services; (ii) FreelanceGhana will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on FreelanceGhana for any such counsel.
In the event of a dispute between an Employer and a Freelancer regarding a return or release of Escrow Payments, either Employer or Freelancer may elect to use the Dispute Resolution Services offered by FreelanceGhana. The Employer and Freelancer will then be notified that the matter will be addressed through the Dispute Resolution Services.
You agree to indemnify and hold FreelanceGhana and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Escrow Payments and/or Dispute Resolution Services.
10.2 FreelanceGhana is Not a Party to Disputes
Any disputes regarding arrangements between Freelancers and Employers remain solely between Employers and Freelancers. We are not involved in any transactions between you and any other users of FreelanceGhana.
You acknowledge and agree that FreelanceGhana will not be a party to any such dispute.
If you have a dispute with any other users of the Site, you hereby release FreelanceGhana 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.
10.3 The Dispute Team
Both parties of the Dispute case can elect to have their dispute arbitrated by the Dispute Team. The role of the Dispute Team extends to making all actions necessary to resolve the case in an impartial and evidential manner. You acknowledge that the verdict of the Dispute Team is final, binding, and irreversible.
All claims and actions (including, but not limited to, actions made by mistake) of the parties on the Dispute System are final, binding, and irreversible. You agree that the Dispute Team and FreelanceGhana is hereby released from the actual and consequential damages brought about by these claims.
10.4. Dispute Resolution Process
STAGE 1 - Identifying the issue
The complainant should select the project and the Escrow payment or payments to be disputed. A user could contest all the Escrow Payments related to a single project in one dispute.
After which, a description of the issue and an explanation of why the dispute is being opened should be given. From this stage until Stage 3, users are encouraged to attach any files that could support their claims.
Finally, the complainant is requested to enter the amount he or she is prepared to pay for the project (if an Employer) or wish to get paid for the project (if a Freelancer). The amount could be between 0 and the total amount of the Escrow Payment(s) in question.
STAGE 2 - Negotiations
At this stage, either party can negotiate for partial compensation, or (after a period of time) choose to have FreelanceGhana's Dispute Team arbitrate the dispute. Both parties will have the opportunity to tell their side of the story and also negotiate terms to resolve the issue between themselves.
Only the party who originally filed for the dispute can cancel the dispute. If the issue cannot be resolved through negotiation, either party can choose to pay the Arbitration Fee to have the dispute arbitrated by the Dispute Team. The Arbitration Fee will be refunded if the dispute is either settled through mutual agreement or cancelled before reaching arbitration.
STAGE 3 - Final Offers and Evidence
After one of the involved parties has paid the Arbitration Fee, the other party has 4 days to also pay the fee. Either party still has the option in this period to negotiate with the other party.
If the responding party does not pay the arbitration fee within the 4 days, the result will be in favor of the party who escalated the dispute into arbitration first.
If a solution is found before the responding party pays the fee, the party who paid the Arbitration Fee will be refunded this fee.
Stage 3 is the last stage where both users can submit their final evidence to support their case. After Stage 3, the involved parties are no longer allowed to submit evidence. The dispute will be resolved based solely on the evidence provided through the Dispute System.
Once the dispute has proceeded to Stage 4, further evidence will no longer be accepted.
STAGE 4 - Arbitration
At Stage 4, the Dispute Team will review all evidence and other information provided to reach a decision (usually within 48 hours). Dispute verdicts are final, binding, and irreversible. The party who wins the dispute will be refunded their Arbitration Fee.
10.5 Evidential Requirements for Your Dispute
Should you elect to have the Dispute Team arbitrate your dispute, you agree to allow the Dispute Team to read all correspondence made on FreelanceGhana and download or access, and test (if necessary), all uploaded files, programs, and websites related to the dispute for the sole purpose of having your dispute resolved.
You are highly encouraged to submit all the documents that would support your claims on your dispute.
* Submit e-mail correspondences as screenshots or as *.eml files. If submitting screenshots, ensure that the "To", "From", and the "Date" bar is visible. E-mail correspondences sent in *.txt or *.doc or any word processing software will not be honored.
* IM conversations should be submitted as screenshots of the conversation from the IM software. Correspondences sent in *.txt, *.doc, or any word processing software will not be honored.
* Provide the products, contracts, and other files relating to the project and the dispute.
FreelanceGhana will retain the confidentiality of the project and the privacy of the involved users and will not release the collected information to any party unless required by a court of law.
11. TRADEMARKS
FreelanceGhana is a trademark of iHost Web Solutions
12. COPYRIGHT
12.1 Copyright of FreelanceGhana
The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of FreelanceGhana and are protected by Ghanaian and international copyright laws.
12.2 Copyright infringement
It is our policy to respond to clear notices of alleged copyright infringement.
13. NO WARRANTY
FreelanceGhana is not involved in the actual transaction between Freelancers and Employers. Our Services, the Site and all content on it are provided on an 'as is' basis and without warranties of any kind either express or implied. Without limiting the foregoing, FreelanceGhana does not represent or warrant that:
• the Site will be accurate, reliable, uninterrupted, secure or error-free;
• defects in the Site will be corrected;
• the Site or the server that makes it available are free of viruses or other harmful components.
14. LIMITATION OF LIABILITY
14.1 Limitation of liability
In no event shall FreelanceGhana, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
• any indirect, special, incidental or consequential damages that may be incurred by you;
• any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and
• any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
• The limitations on FreelanceGhana.s liability to you above shall apply whether or not FreelanceGhana, its affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of FreelanceGhana and its affiliates and related entities.
14.2 Jurisdiction's 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.
14.3 Bar to action
FreelanceGhana may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against FreelanceGhana for any matter arising out of any transaction or otherwise in respect of this User Agreement.
15. INDEMNITY
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
16. APPLICABLE LAW
Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the Republic of Ghana. You and FreelanceGhana irrevocably submit to the non-exclusive jurisdiction of the courts of the Republic of Ghana.
17. GENERAL
The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by FreelanceGhana to a third party without your consent in the event of a sale or other transfer of some or all of the assets of FreelanceGhana. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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 clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.