"Account" implies the account you open when you enroll on the AppFirms Website.
"Client" implies a User that examines and buys Seller Services or things from Sellers or recognizes a Seller through the Website.
"Work" implies a challenge that is exclusively advanced by Client and in appreciation of which a Seller or a freelancer can submit an entry by means of the Website.
"Work Brief" means the document setting out the terms and conditions which are to apply to a Work.
“Work Handover", in admiration of a work, means the understanding between the Client and winning Freelancer under which the freelancer will exchange to the Client responsibility for winning section.
"Disagreement Resolution Process" implies the procedure to be trailed by Client and Freelancers as per the Disagreement Resolution Services.
"Applicant" implies a qualified Freelancer who has participated into a Work Challenge.
"AppFirms", "we", "our", or "us" means AppFirms..
"Inactive Account" implies a User Account that has not been signed into for a ceaseless 6 month time frame.
"Licensed innovation Rights" implies all protected innovation rights, existing worldwide and the topic of such rights, including: (a) patents, copyright, rights in development formats (or comparative rights), enrolled plans, enlisted and unregistered exchange marks, and any privilege to have private data kept secret; and (b) any application or right to apply for enlistment of any of the rights alluded to in section (a), regardless of whether such rights are enrolled or fit for being enlisted and whether existing under any laws, at customary law or in value.
"Local Jobs" implies the services we offer to coordinate with Client, who has the undertakings that need doing with a Freelancer who will give the services in light of the area of the Freelancer.
“Breakthrough/ Milestone Payment" implies a prepayment made by the Client for the procurement of a Freelancer Services under a User Contract and which will be discharged as per the area "Breakthrough Payments" beneath.
"Project" or "Posting” implies a vocation offered or granted by a Client via Website, which may incorporate a Project or Work posted by a Client, a task honored by a Freelancer (for instance through Hire Me), the services obtained by Client from a Freelancer, and services compensated by a Client to a Freelancer as a consequence of an outcome or competition facilitated by means of the Website.
“Bid Requests” Users of the site desiring to provide their services by submitting bid requests on jobs/projects posted by hiring clients in order to get the posted job.
“Bids” Quotations for the amount or hourly rate that freelancers would charge hiring clients in order to perform the job/task requested.
“Client” Individual or Company seeking to hire someone for a fixed duration job/project.
“Freelancer or Freelancer Organization” Individual or Company offering paid services.
“Freelancer Services" implies all services gave by a Freelancer.
"User", "you" or "your" implies a person who visits or uses the site.
"User Contract" implies: (1) this User Agreement; (2) the Code of Conduct as changed every now and then; (3) some other legally binding procurements acknowledged by both the Client and Freelancer transferred to the Website, to the degree not conflicting with the User Agreement and the Code of Conduct; and (4) the Project expressions as honored and acknowledged on the Website, to the degree not conflicting with the User Agreement and the Code of Conduct.
"Website" AppFirms is the parent company and owner of the site also hereinafter referred to AppFirms.
Our website is a marketplace where Clients and freelancers can identify and acknowledge each other, and then agree to accept the Engagement awarded by Client. Subject to the terms of this User Agreement, AppFirms provides this service to Clients and Freelancers, including hosting and maintaining the website, enabling the formation of service contracts between Clients and Freelancers, and managing disputes related to those service contracts. If a Client and a freelancer agree on terms of the freelancer services, a service contract is formed directly between such Client and Freelancer, subject to the provisions set forth in this User Agreement. When a Client and a Freelancer or Freelancer Company enter a service contract, they use the website to engage or hire, communicate, and pay online.
This User Agreement describes the terms and conditions by which you agree to use the services of AppFirms and our website sited at www.appfirms.co. AppFirms reserve the right to review and update this User Agreement and any terms and conditions contained therein at any time so please review this page regularly as the terms applying at the time of your use of the site will apply to you. By using our services and our website you agree to be bound by these terms and conditions.
AppFirms is a site where our members use both our marketplace and our platform for mobile application development projects. Clients and Freelancers become Members when they open AppFirms Accounts compliant with the Account Agreement. As Members, they utilize the Site registry and occupation board capacities to publicize, find, acquaint themselves with each other, screen and select each other, arrange Job terms, and go into Member Contracts between each other. When two Members enter a Member Contract, they utilize the Site to team up, oversee, perform, receipt and pay for their Job.
The initial term of this Agreement shall be a period of one (1) year from the Effective Date. Thereafter, the Agreement shall automatically renew for subsequent one (1) year terms. At any time, either party may terminate this agreement, with or without cause, upon thirty (30) days prior written notice. AppFirms reserves the right to immediately terminate the account of any user who commits fraud, slander, a denial-of-service attack, or commits any other action which it deems inappropriate. Neither party has made any commitments regarding the duration or renewal of this Agreement beyond those stated herein.
Upon completion of the Registration Form and after accepting the site Terms of Service and this agreement, the Freelancer is authorized to respond to Bid Requests. Final content of all responses to Bid Request documents is at the complete and sole discretion of the Freelancer. AppFirms reserves the editorial right to censor any responses that it feels are inappropriate. This is a master agreement between Freelancer and AppFirms and shall apply to all transactions and business conducted between the parties.
Freelancer will provide solutions and/or quotations via AppFirms in response to Bid Requests posted on AppFirms’s website by Client's. This Agreement shall govern the business relationship between AppFirms and Freelancer despite any different or conflicting terms and conditions in Freelancer’s forms or other documents.
Freelancer authorizes:AppFirms to treat any person using Freelancer’s password pair (username and password), and any resulting transactions, obligations and liabilities as if Freelancer used the website and/or services itself.
Freelancer's information shall be true, accurate and up-to-date at all times. This includes, but is not limited to, information within a response to Bid Request documents, information concerning intellectual property ownership and rights thereto. Freelancer shall determine how intellectual property rights shall be transferred, if any, to Client. Freelancer is solely responsible for protecting its intellectual property rights, including works made for hire, and for negotiating all rights, title and interests therein with Clients.
Freelancer agrees to post bids for the entire project. Hourly bids are not allowed. As this site is intended for commercial purposes only...offering free services, or redirecting a Client to a site other than AppFirms to fulfill their needs is prohibited. Posting contact information including but not limited to phone #s, email addresses, Internet URL's, Yahoo Messenger Ids, ICQ ids, on bids or an author's profile is strictly prohibited. Violators of any of these terms can have all of their AppFirms accounts terminated, at the discretion of AppFirms.
Advance Payments:Freelancer agrees not to ask for any 'Advance Payments' from Client. An advance payment is a risky transaction where the Client releases funds from his account prior to the delivery of the work (or percentage of work being accepted), is competed. Doing this completely circumvents and nullifies all the built-in Client protections of the AppFirms payment system, and often results in the Client losing part or all of their advance payment. Freelancers who go against the wishes of AppFirms and receive an advanced payment from the Client may have their credit account debited to facilitate a partial or complete refund of any advanced payment back to the Client. Additionally, Freelancers in violation of this rule may have their account suspended and revoked.
Third Party Code. Freelancer is responsible for ensuring that all code, algorithms, ideas and/or any other item used to create their deliverables to the Client are completely of their own making. If the Freelancer wishes to use 3rd party items (including but not limited to 3rd party components, GNU licensed code, etc.), then the Freelancer agrees to first confer with the Client and:
Explain which items in the bid request the Freelancer wishes to use 3rd party items for, and which 3rd party items would be involved. This must be documented on the site via the site bidding system.
Explain to the Client the cost, copyright, distribution and licensing issues concerned with the use of such items. (For example, many Clients do not want GNU licensed code in their deliverables once they understand the licensing issues involved therefore it needs to be explained to them what they would be receiving). This must be documented on the site via the site bidding system.
Have the Client confirm agreement, to the use of any 3rd party items which the two parties agree to. This must be documented on the site via the site bidding system.
Should settlement occur and the Freelancer not follow these rules, AppFirms may immediately arbitrate in favor of the Client, as well as consider punitive actions against the Freelancer.
As AppFirms provides its service in return for a Fee, the Freelancer agrees not to contact any Client outside of the site (by email, phone, etc.) before payment is made . Doing so can result in immediate account termination and expulsion, at the discretion of AppFirms.
The Freelancer shall not be responsible for AppFirms’s transaction fees. However, in the event that AppFirms procures, or is the procuring cause of, a solution for Client’s Bid Request, and Client and Freelancer do not use the AppFirms website or services to transact their business and/or use other means to transact their business, Freelancer shall be considered guilty of 'fraud'. The Freelancer shall also be considered guilty of fraud should they find a Client in an 'open auction' and attempt to cheat AppFirms out of the 'open auction' fee by redirecting the Client to repost he auction as a cheaper auction such a 'one-on-one', even though the Client made full use of the open auction. In either case the Freelancer shall pay AppFirms a penalty fee in the amount of twenty-five percent (25%) of the amount paid to Freelancer. Such fees may be deducted from the Freelancer's outstanding credits on the site, at AppFirms’s option. AppFirms reserves the right to terminate any Freelancer who circumvents the site in this manner.
The anonymous nature of the Internet makes it possible for a Freelancer who has had their account involuntarily terminated (or who received unfavorable ratings on that account) to create another account on the site and resume transacting business on the site, against the will of AppFirms. AppFirms regularly monitors site profiles for this sort of action, and should the Freelancer be determined by AppFirms to have done this, they will forfeit the balance of all of their accounts, and all funds will be returned back to the original Client.
Freelancer understands and agrees that AppFirms may be called upon by the Client, a third party, or a self-initiated investigation to audit the work that was performed. Freelancer agrees to make available to AppFirms all source code related to the questioned bid requests. AppFirms agrees not to copy, acquire, sell, barter, trade, or use this source code in any manner other than to verify that work was performed as contracted. If a non-disclosure is required by the Client to view the source code, AppFirms and the Client will make all reasonable arrangements.
Should a Client dispute delivery ,Freelancer agrees to upload the entire and complete deliverables at the time of work (or each stage) completion. Should a coder choose not to do so (despite this agreement) and the Client disputes delivery, Freelancer agrees that they, not AppFirms, will be liable for the entire amount. AppFirms will deduct all such disputed monies from the coder's account. If the coder's account is insufficient to cover the funds the coder will be asked to cover the remainder from their personal funds. If coder cannot or will not cover the remainder from their private funds, AppFirms may pursue all and any means at its disposal to collect the funds including prosecution.
Freelancer has the right to rate Clients on completed transactions and transactions that are cancelled in Freelancer's favor. However should AppFirms, at its sole discretion, determine that a Freelancer's rating is inaccurate or in any way retaliatory in nature, then AppFirms may amend, replace or delete the Freelancer's rating, and a note about such may be placed as a public rating on the Freelancer's account? A Freelancer who practices retaliatory ratings may be found in default of this agreement and banned from the site.
These rules of arbitration exist to ensure a fair and safe environment for the buying and selling of computer software and related systems. Should a dispute arise over the completion of a project, the allocation of funds, or any other issue, both Client, Freelancer and AppFirms agree to the following rules:
a) Should the Client and Freelancer not be able to come to agreement on acceptance, whether deliverables have been met, or any other matter, both sides agree to designate AppFirms as mediator and arbitrator. AppFirms agrees to mediate and arbitrate fairly and impartially according to the rules in this section, as they apply. Client and Freelancer agree that AppFirms’s decision is final and binding to them.
b) Arbitration of the bid request will be based solely on whether or not the Freelancer met the conditions specified in the Client's bid request. Only the contents of the bid request as posted on the site will be used in this determination. Since discussions outside of the site (including email, chat and oral conversations) are not legally binding, they will not be taken into account. If there is any ambiguity in the bid request, AppFirms will be the final determiner of the meaning and will attempt to do so in the most impartial method possible.
c) Client agrees to be prompt in corresponding with Freelancer and AppFirms, including final acceptance of 'Work complete'. Should a Client not respond to AppFirms emails or requests for Work Complete within a timely basis (3 business days and 5 business days, respectively), AppFirms may at its discretion award funds to the coder.
d) Freelancer agrees to be prompt in responses to Client and to AppFirms. Should a Freelancer not complete status reports or respond to AppFirms emails within a timely basis of 3 business days, AppFirms may cancel the Freelancer's bid and/or assign the bid requests to another Freelancer. This may be done with or without notice to the original Freelancer.
e) If the Client charges that the Freelancer is not making sufficient progress on a bid request, the Freelancer must supply specific demonstrable proof to the contrary or AppFirms may cancel the Freelancer's bid and/or assign the bid requests to another Freelancer. Examples of demonstrable proofs of progress are (depending on the level of progress expected) programming requirements, designs, and prototype, code and/or test cases.
f) If either party threatens or harasses the other party or AppFirms, attempts to manipulate or unduly influence the arbitration process, or breaks any rules in the Client or Freelancer agreement or in the site terms and conditions, then AppFirms may choose to automatically rule in favor of the opposite party.
g) If the Freelancer is deemed as not having fulfilled the bid request according to the 'deliverables' specified by the Client...the Client may, at his/her/their option, apply the entire amount to a new Freelancer at no charge. AppFirms will offer the Client options (if available) of switching to other Freelancers on the original bid, opening a new bid request to get new Freelancer bids, or otherwise offering to connect the Client with Freelancers for the purpose of completing the project. The Client also has the option to cancel the bid request and request a refund of funds. As AppFirms incurs certain fixed financial institution costs with transferring and refunding funds, all refunds of this nature are subject to a 3.5% cancellation charge to offset these charges.
h) To prevent 'retaliatory ratings', the losing party in an arbitration forfeits the right to rate the other party. AppFirms reserves the right to suspend rating rights on the bid request to either or both parties, and/or to remove ratings it judges to be retaliatory.
i) If a Freelancer does not upload completed code to the site by the delivery deadline posted by the Client, then Freelancer forfeits all rights to arbitration and AppFirms may at its discretion award funds back to the Client immediately.
Freelancer represents that it has the full power and authority to execute this Agreement. Freelancer is the owner of, and/or has received all appropriate consent from the owners of, any and all material, information, intellectual property in any form, or other data that Freelancer makes available to AppFirms.
Upon Client’s receipt and acceptance of Freelancer’s service or product, they will promptly indicate acceptance via the web site. Upon acceptance, AppFirms shall credit the Freelancer's account with the final amount, minus the AppFirms Fee. The Fee is calculated as a percentage of the amount of the funds and is based on the bidding type of the auction. If the AppFirms Fee falls below the minimum fee of ($3), the minimum AppFirms Fee will be charged.
Should there be any dispute regarding acceptance, both Freelancer and Client designate AppFirms as the final binding authority and arbiter of the dispute, and agree to abide by its decision.
When a Client pays a Freelancer or releases escrow funds to a Freelancer, AppFirms credits the Freelancer and after that deducts a Service Fee that AppFirms procures for making, facilitating, keeping up, and giving the Site. The Service Fee is portrayed here.
Freelancers may subscribe to various levels of support and benefits on the Site, by installment of Subscription expenses as depicted here and subject to the Freelancer Memberships, Proposals and Satisfaction Policy.
AppFirms may offer extra features, for example, Featured Posts or check highlights, for extra charges. Such components and charges will be depicted in point of interest here. AppFirms may likewise charge expenses for accounts, as depicted in the Membership Billing and Payment Agreement, and for Dormant Escrow Accounts, as portrayed in Price Escrow Instructions.
You are liable to pay any taxations, including any merchandise and administrations or value added taxes, which might be appropriate contingent and depending on the jurisdiction of the services provided. These charges will be added to expenses charged to you, if applicable.
As we are an organization consolidated in USA, all charges earned by us from all Users that may vary widely among jurisdictions, from 0% to 16%, and may vary within a jurisdiction based on the particular goods or services taxed will be liable to pay for all expenses, which will be indicated independently on all solicitations.
You should likewise consent to your commitments under income tax provisions in your jurisdiction.
We may show your organization or business name, logo, pictures or other media, and open depiction of your Projects and profile as a major aspect of the Freelancer Services and/or other showcasing materials identifying with the Freelancer Website, aside from where you have clearly asked for that we don't do this and we have consented to such demand.
AppFirms is Not a Party to Engagements: AppFirms is not a party to the dealings between Client and Freelancer, including posts, proposals, screening selection contracting, provision of Freelancer Services, and payment for an Engagement. AppFirms does not introduce Freelancers to Clients or help Freelancers find Engagements. AppFirms merely makes the Site Services available to enable Freelancers to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Freelancers for themselves. AppFirms may sort Engagement proposals to enable Clients to more easily navigate and choose which Freelancers to contact. AppFirms does not direct, has no control over, makes no representations, and does not guarantee the quality, safety, or legality of Freelancer Services; the truth or accuracy of Engagement listings; the qualifications, background, or identities of Members; the ability of Freelancers to deliver Freelancer Services; the ability of Clients to pay for Freelancer Services; or that a Client or Freelancer can or will complete a transaction. AppFirms is not required to and may not verify any information given to us by Freelancers or Clients, nor does AppFirms perform background checks on Freelancers or Clients. YOU HEREBY ACKNOWLEDGE AND AGREE THAT AppFirms MAY PROVIDE INFORMATION ABOUT A FREELANCER OR CLIENT, SUCH AS A STRENGTH OR RISK SCORE, GEOGRAPHICAL LOCATION, OR VERIFICATION OF IDENTITY OR CREDENTIALS. HOWEVER, SUCH INFORMATION IS BASED SOLELY ON DATA THAT FREELANCER OR CLIENT SUBMITS TO AppFirms, AND AppFirms PROVIDES SUCH INFORMATION SOLELY FOR THE CONVENIENCE OF MEMBERS AND IS NOT AN INTRODUCTION, ENDORSEMENT, OR RECOMMENDATION BY AppFirms.
Third-Party Beneficiary of Member Contract: Client and Freelancer appoint AppFirms as a third-party beneficiary of their Member Contract for purposes of enforcing any obligations owed to, and any benefits conferred on, AppFirms by the Member Contract. Client and Freelancer further agree that AppFirms has the right to take such actions with respect to their Accounts, including, without limitation, suspension, closure, or legal actions, as AppFirms, in our sole discretion, deems necessary to enforce our rights as a third-party beneficiary under the Member Contract.
No Agency, Partnership, or Joint Venture: This Agreement and any registration for or use of the Site will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and AppFirms, except and solely to the extent expressly stated in the Terms of Service.
Records of Compliance: Client and Freelancer will each (1) create and maintain records to document satisfaction of their respective obligations under this Agreement and any Member Contract, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (2) provide copies of such records to AppFirms upon request. Nothing in this subsection will be construed as requiring AppFirms to supervise or monitor Freelancer Services or a Member’s compliance with this Agreement, the other Terms of Service, or a Member Contract.
Default :Should the Freelancer default, their account may be terminated by AppFirms. Freelancer shall be considered to have defaulted under the Agreement for any failure to perform its obligations to Client under any Bid request awarded to Freelancer and/or if AppFirms discovers any material misrepresentation or omission that Freelancer has made in this Agreement or its Registration. In the case of either party, the failure by such party to observe or perform any material covenant or obligation under this Agreement shall constitute default. Freelancer may also be considered in default if they violate the site terms of service, or violate the Custom Software Client Agreement (if they are also a Client), or if their service to Clients is poor (defined as receiving 2 or more below average ratings and/or complaints).
Survival:The parties' obligations under Sections (g, h and i) shall survive any termination and/or expiration of this Agreement.
Project:Freelancer shall not assign or transfer this Agreement without AppFirms’s prior written consent, which shall not be unreasonably withheld. Any attempted project shall be null and void.
Relationship of the Parties:: This Agreement does not create a franchise, joint venture or partnership between the parties. Neither party hereunder is the agent, broker, partner, employee, or legal representative of the other for any purpose, except that AppFirms is the agent for Freelancers or Freelance Companies and Client in bringing the two, or more, parties together using the AppFirms website. AppFirms shall act as a fiduciary for Client and Freelancers or Freelance Companies for the limited purpose of collecting and disbursing funds. For all other purposes, the parties are independent contractors.
Excused Performance:Neither party shall be liable for failure to perform its obligations under this Agreement for causes beyond its reasonable control.
No Waiver: The failure of either party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party to thereafter enforce any such provision.
Unenforceable Provisions: If any term of this Agreement is found to be illegal or unenforceable, the remaining portions of this Agreement shall remain in effect, provided that the parties agree to negotiate in good faith substitute enforceable terms.
Modifications; Special Agreements; Entire Agreement. Note that AppFirms reserves the right from time to time to amend, modify or change this agreement. When this happens, AppFirms shall notate the new information clearly and post a notice in the 'news' section of the site about the update. Due to the majority of parties requesting not to be contacted via email about updates to the site, email notice will not always be given. Additionally, due to the financial costs associated with written notices...written notice will not always be given. If you are interested in keeping abreast of the latest changes to this agreement, then please bookmark this page and review it from time to time, or monitor the 'news' section of the site.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY PROVIDING NOTICE TO US. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Should AppFirms and the Freelancer or Freelance Companies come to a special understanding not outlined in this agreement it will be laid out in writing and signed by both parties?
This Agreement is the entire understanding between Freelancer and AppFirms with respect to the subject matter of this Agreement, and supersedes all (i) proposals, oral or written, (ii) negotiations, conversations or discussions between the parties and (iii) industry custom or past course of dealing, relating to the subject matter.
To report a violation of the Terms of Service, or if you have questions or need assistance, please contact Customer Support at:
Web Support :N/A
Online Help Topics :N/A
Copyright © 2016 AppFirms LLC