Terms and Conditions

Freelance Support Worker User Agreement

 

This User Agreement describes the terms and conditions which you accept by using our Website (Freelance Support Workers) or our Services.

Definitions

Us/ We /This site/ Website – Freelance Support Workers (www.freelancesupportworkers.co.uk)

Users – Every one accessing and using this site

Buyers – Anyone posting a shift or jobs (employers)

Sellers – Anyone accepting a job or shift (Freelancers)

 

Overview

By accessing the Website, you agree to the following terms with Us (Freelance Support Workers).

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.

This Website (www.freelancesupportworkers.co.uk) is an online venue where Users buy and sell Services. Buyers and Sellers must register for an Account in order to buy or sell Seller Services. WE ARE NOT AN EMPLOYMENT AGENCY.  We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties.

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

Eligibility

You will not use the Website if you:

  1. are not able to form legally binding contracts
  2. a person barred from receiving and rendering services under the laws of the United Kingdom or other applicable jurisdiction;
  3. are suspended from using the Website; or
  4. do not hold a valid email address.
  5. Under 18 years of age
  6. are barred from working with vulnerable people

All user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User’s Account. Users 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.

We may, at our absolute discretion, refuse to register any person or entity as a User.

Using Freelance Support Workers

While using the Website, you will not attempt to or otherwise do any of the following:

  1. post content or items in inappropriate categories or areas on our

    Websites

    and services;

  2. infringe any laws, third party rights or our policies, such as the Code of Conduct;
  3. fail to deliver payment for services delivered to you;
  4. fail to deliver Seller Services purchased from you;
  5. circumvent or manipulate our fee structure, the billing process, or fees owed to Freelance Support Workers
  6. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
  7. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
  8. transfer your Freelance Support Workers account (including feedback) and Username to another party without our consent;
  9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  10. distribute viruses or any other technologies that may harm Freelance Support Workers the Website. or  that is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  11. download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorization;
  12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
  13. copy, modify or distribute rights or content from the Website.
  14. harvest or otherwise collect information about Users, including email addresses, without their consent.

Taxes

Freelancer are responsible for paying any taxes and at the right levels.

You acknowledge that you must comply with your obligations under income tax provisions under the laws of the United Kingdom.

Payment Administration Agent

You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf.

Such a third party will have the same rights, powers, and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers, and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent’s negligence and/or acts beyond the authority given by Freelance Support Workers

Content

When you give us content, you grant us a 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 act only as a forum for the online distribution and publication of User content. We make no warranty that User content is 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 User 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:

  1. 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 of any person;
  2. will not violate any law or regulation;
  3. will not be defamatory or trade

    libellous;

  4. will not be obscene or contain child pornography;
  5. will not contain the development, design, manufacture or production of

    missiles,

    or nuclear, chemical or biological weapons

  6. will not contain material linked to terrorist activities
  7. will not include incomplete, false or inaccurate information about User or any other individual; and
  8. 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.

 Advertising

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, or service being performed on the Website.

We may display advertisements or 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 as result of the presence of such advertisements or promotions or any subsequent dealings with third parties.

Communication With Other Users

Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.

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, regulatory compliance, risk management and other related purposes.

User Services

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.

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 the applicable UK laws, sellers and Buyers 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. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Each User acknowledges and agrees that the relationship between Buyers and Sellers 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 Freelance Support Workers and any User.

Refund

Please note that you are only eligible to refund of any packages purchased on this site if a refund is requested within a three-hour time frame. After this time frame, refunds will be at the sole discretion of Freelance Support Workers.

 

Right 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:

  1. if we determine that you have breached, or are acting in breach of, this User Agreement;
  2. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
  3. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
  4. to manage any risk of loss to us, a User, or any other person; or
  5. for other reasons.

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.

Employers who have been flagged multiple times for non-payment of work will be banned from using this website.

Freelancers who have been flagged multiple times for not turning up for work will be banned from using this website

 

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our API or application programming interface, for any purpose without our express written permission.

Additionally, you agree that you will not:

  1. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
  2. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of Freelance Support Workers and the appropriate third party, as applicable;
  4. interfere or attempt to interfere with the proper working of the Websites, services or tools, or any activities conducted on or with the Websites, services or tools; or
  5. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

Closing Your Account

You may close your Account at any time. The option is located in the Account Settings.

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

DBS

Freelance Support Workers LTD will not be responsible for any misinformation on the DBS certificate or any detrimental effects caused by such misinformation. You will indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to the invalidity, inaccuracy or misinformation of the DBS certificates and the freelancer’s behaviour. It is the sole responsibility of the employer to check the current status of the certificates submitted by the Freelancers on the DBS update service.

Indemnity

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 Website and Freelance Support Workers Services.

Limitation of Liability

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:

  1. any indirect, special, incidental or consequential damages that may be incurred by you;
  2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
  3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

Communications

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.

Additional Terms

It is important to read and understand all our policies including but not limited to:

  • Privacy Policy
  • Code of Conduct
  • Support Policy

Each of these policies may be changed from time to time.

Abusing Freelance Support Workers

Freelance Support Workers reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.

Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:

  1. use of our services for any illegitimate purpose
  2. creating problems with other users or potential legal liabilities
  3. infringing the intellectual property rights of third parties
  4. acting inconsistently with the letter or spirit of any of our policies
  5. abuse of any staff members including inappropriate or unreasonable communications
  6. any attempt to use Freelance Support Workers platform  for any objectionable purpose