Terms of Service Last update 1 week ago

User Agreement


This User Agreement (“Agreement”) is a legally binding contract between you (“you” or “User”) and atFreelance Inc. (“atFreelance,” “we,” or “us”), governing your use of atFreelance’s platform and services (collectively, “Services”). By accessing or using the atFreelance platform, including but not limited to atFreelance.com and associated applications, you agree to be bound by all agreements comprising atFreelance’s Terms of Service. This includes, but is not limited to, the Fee and Payment Authorization Agreement, Privacy Policy, Terms of Use, applicable Escrow Instructions, and this User Agreement.


atFreelance Account Policies


1. Registration


1.1 Account Creation and Approval


To access our services, you must register for an account ("Account"). Account registration is subject to approval by atFreelance. We reserve the right to decline a registration for any lawful reason, including supply and demand, data maintenance costs, or other business considerations.


1.2 Account Eligibility


By registering for an Account, you confirm that you are using atFreelance services for business purposes only and that you are eligible to enter into this Agreement, being 18 years or older.


1.3 Account Profile


You must provide accurate and current information in your user profile ("Profile"). Falsifying information may result in the suspension or termination of your account.


1.4 Account Types


We offer two Account Types: Client, and Freelancer. Users may register for two Accounts under two unique logins.


1.4.1 Client Account


Clients may register for an Account or add a Client Account Type to use atFreelance's services. The Client Account owner can grant permissions to Team Members.


1.5 Account Permissions


Users are responsible for all activity on their Account. Permissions can be granted to other Users only as described in the agreement.


1.6 Identity and Location Verification


Your Account may be subject to verification, including validation against third-party databases or official government documents. Periodic verification ensures the accuracy of your identity, location, and business affiliations.


1.7 Usernames and Passwords


Each User must register with a unique username and password. Users are responsible for maintaining the confidentiality of their credentials and must not share their information. Unauthorized use of an Account or sharing credentials may result in account suspension or termination.


atFreelance Purpose and Responsibilities


2. Purpose of atFreelance


At atFreelance, we provide a platform where Clients and Freelancers can connect, advertise, and engage in freelance work. Our services include hosting the atFreelance Site, facilitating Service Contracts and Direct Contracts, and assisting in dispute resolution. When you enter into a Service Contract, you agree to use our Services for invoicing, receiving, and making payments related to the contract.


2.1 Relationship with atFreelance


atFreelance is a marketplace that connects Users. We don't directly participate in negotiations or the delivery of Freelancer Services. Users are responsible for their content and agreements with others. atFreelance does not supervise or control Users and is not involved in their contractual obligations. Users are encouraged to engage in other business activities outside of atFreelance.


As part of continuous improvement, we may offer new features for testing, but their availability is not guaranteed.


2.2 Taxes and Benefits


Freelancers are responsible for their own taxes, insurance, and legal compliance. Freelancers need to handle tax liabilities associated with payments received and ensure compliance with laws and regulations.


2.3 Marketplace Feedback and User Content


Users publish information and feedback on the site. While atFreelance provides this platform, it doesn't guarantee the accuracy or legality of User Content. Users agree that feedback is for the benefit of the marketplace. Users are responsible for the accuracy of their information, and atFreelance may remove content that violates the Terms of Service.


3. Contractual Relationship Between Client and Freelancer


3.1 Service Contracts and Direct Contracts


Users decide whether to enter into agreements with other Users. atFreelance is not a party to Service Contracts. Users may agree to additional terms, but those terms shouldn't conflict with atFreelance's rights and obligations.


3.2 Disputes Among Users


Users agree to follow the dispute resolution process in the Escrow Instructions for Service Contracts. If the process doesn't resolve the dispute, Users can pursue independent resolution, but atFreelance won't provide further dispute resolution assistance.


3.3 Confidential Information


Users can agree to their confidentiality terms. If not, atFreelance's terms apply. Users must keep each other's confidential information confidential.


4. atFreelance Fees


4.1 Fees for Freelancers


Freelancers pay service fees for using atFreelance's services. Membership fees and disbursement fees may also apply. Freelancers are responsible for paying these fees.


4.2 Client Fees


Clients pay a Marketplace Fee for using atFreelance's services and facilitating payments to Freelancers. Additional fees may apply for certain features.


4.3 VAT and Other Taxes


atFreelance Fees are exclusive of taxes. atFreelance may collect certain taxes or levies as required by law. Users are responsible for any taxes applicable to the fees.


5. PAYMENT TERMS AND ESCROW SERVICES


This part talks about how atFreelance's Escrow Services function, covering your agreement to pay fees and what happens if a client doesn't pay.


5.1 ESCROW SERVICES


atFreelance Escrow helps users by holding and releasing funds for projects. It's meant for business use, not personal purposes.


5.1.1 ESCROW INSTRUCTIONS


Funds in Escrow are handled based on the provided instructions. atFreelance Escrow acts as an Internet escrow agent, following specific rules for different types of contracts.


Fixed-Price Projects: For fixed-price compensation, users follow Fixed-Price Escrow Instructions.

Hourly Projects, Bonus, or Expense Payments: For hourly compensation or bonuses, users follow Hourly, Bonus, and Expense Payment Agreement.

Direct Contracts: Users in Direct Contracts follow Direct Contract Escrow Instructions.

Any Hire Contracts: Users in Any Hire Contracts follow Any Hire Escrow Instructions.


5.1.2 ESCROW ACCOUNTS


atFreelance Escrow creates and maintains accounts (Client Escrow Account and Freelancer Escrow Account) to hold funds for clients and freelancers. It follows the agreed-upon instructions for releasing these funds.


5.1.3 FREELANCER APPOINTMENT OF atFreelance ESCROW


Freelancers allow atFreelance Escrow to collect and hold payments from clients on their behalf.


5.1.4 TITLE TO FUNDS


atFreelance Escrow holds funds in a trust account at a bank. Your money is safe, and atFreelance can't use it for its own purposes.


5.1.5 NO INTEREST


You don't earn interest on the money held in your Escrow Account, and atFreelance charges fees for its services.


5.1.6 ESCROW AGENT DUTIES


atFreelance Escrow only does what's described in the agreement and instructions. It won't investigate other matters unless required by law.


5.1.7 ESCROW AGENT RIGHT


atFreelance Escrow can start a dispute process if there's a disagreement between a client and a freelancer.


5.2 CLIENT PAYMENTS ON SERVICE CONTRACTS


This section explains how clients make payments on contracts with freelancers, depending on whether it's an hourly or fixed-price contract.


Hourly Contracts: Clients pay into the Escrow Account when offering a contract or activating a milestone.


Fixed-Price Contracts: Clients pay into the Escrow Account when offering a contract or activating a milestone.


5.3 DISBURSEMENTS TO FREELANCERS


This part details when freelancers receive funds held in escrow for them, either by request or through an automatic schedule.


5.4 NON-PAYMENT OR DEFAULT


Actions atFreelance can take if a client doesn't pay fees on time. atFreelance is not responsible for a client's non-payment.


5.5 NO RETURN OF FUNDS AND NO CHARGEBACKS


Once atFreelance charges your payment method, it can't be refunded unless specified in the Escrow Instructions. Clients agree not to initiate chargebacks.


5.6 PAYMENT METHODS


Clients designate a payment method for atFreelance to charge. This section covers authorization and use of payment methods.


5.7 U.S. DOLLARS AND FOREIGN CURRENCY CONVERSION


If your payment method uses a currency other than TAKA, atFreelance shows conversion rates, but these rates might differ. Users are responsible for authorizing currency conversions at their own risk.


6. Non-Circumvention


When you connect with a client or freelancer on the atFreelance platform, you agree to use the site for communication and payments for twelve years from the start of your connection, unless you pay a conversion fee. Violating this rule can lead to the suspension of your account. During this period, you commit to using atFreelance for all work-related payments with that person and not finding ways to avoid using the platform, unless you pay a fee.


For example, you shouldn't make or accept work-related payments outside of atFreelance or try to underreport payments on the site. If you know of any violations, you should report them to atFreelance.


6.1 Making Payments Through atFreelance


For twelve years from the beginning of your connection on atFreelance, you agree to use the platform for all payments related to your work. This is because atFreelance earns a fee when transactions occur on the site. Using other payment methods during this period is not allowed unless you pay a conversion fee.


If you breach this rule, it's considered a serious violation, and your account may be permanently suspended. This rule still applies even if you stop using the site, and you must pay the conversion fee for each user you want to continue working with after leaving the platform.


6.2 Communicating Through the Site; Not Sharing Contact Details


Before starting a work contract, you must communicate exclusively through atFreelance. This applies if the client has a Basic, Plus, or Marketplace Account. You should not share direct contact details (like phone numbers or email addresses) with others on the platform. Violating this rule may result in a permanent suspension of your account.


6.3 Opting Out


You can choose not to follow the non-circumvention agreement by paying a fee. You can opt out of the payment-related obligations for each atFreelance connection by paying a conversion fee, which varies based on the relationship's duration.


7. Records of Compliance


You need to keep all necessary records related to your work. atFreelance is not responsible for storing or providing copies of your content or information, except as required by law.


8. Warranty Disclaimer


atFreelance and its affiliates do not guarantee the quality, safety, or reliability of their services. The services are provided on an "as is" and "as available" basis. atFreelance disclaims any implied or statutory warranties to the maximum extent permitted by law.


9. Limitation of Liability


atFreelance is not liable for various issues, and any liability is limited. atFreelance, its affiliates, licensors, and third-party service providers are not responsible for damages or losses arising from the use of their services.


10. Release


You agree not to hold atFreelance responsible for disputes with other users. You release atFreelance from claims and damages related to disputes with other users. This release does not apply if atFreelance fails to meet its obligations under the terms of service.


11. Indemnification


If you do something on atFreelance that gets us into legal trouble, you have to cover our costs or losses. This includes anything related to your use of the site, any work you produce, or any agreements you enter into. You need to protect us from claims, damages, or liabilities.


Indemnified Claims: This means any claims or demands against us.

Indemnified Liabilities: These are the costs and expenses related to claims against us.

You are responsible for any claims arising from your use of the site, any content you create, or any agreements you make, among other things. If you, or anyone using your account, mess up and we get sued, you're on the hook for it.


12. Agreement Term and Termination


This section explains when and how this agreement can end, and what happens afterward.


Termination: Either you or atFreelance can end this agreement at any time by giving notice. If you properly terminate, your access to the site will be closed.


Account Data on Closure: If your account is closed, you might lose access to the information you stored on the site. We might keep some of your account info as required by law.


Survival: Some parts of this agreement continue even after it ends. For example, obligations related to fees, reimbursements, and limitations of liability still apply.


13. Disputes Between You and atFreelance


This section covers how disputes between you and atFreelance will be resolved.


Dispute Process, Arbitration, and Scope: If there's a dispute, we'll try to resolve it informally first. If that doesn't work, we agree to resolve it through arbitration instead of going to court.


Choice of Law: The agreement is governed by the laws of Bangladesh.


Informal Dispute Resolution: Before going to arbitration, we'll try to informally resolve the dispute. Both parties have 60 days to figure things out.


Binding Arbitration and Class Action/Jury Trial Waiver: Disputes will be resolved through binding arbitration on an individual basis. No class actions.


Right to Opt-Out of the Arbitration Provision: You can choose not to be part of the arbitration provision by notifying atFreelance in writing within 30 days of registering. If you don't opt out, you agree to arbitration.


Enforcement of this Arbitration Provision: This arbitration provision replaces any previous agreements and is the full agreement for dispute resolution. If parts of it are found unenforceable, the rest still applies.


12. Indemnification


If you or your team use our services in a way that results in legal action or fines against us, you agree to cover our costs and losses as described below.


You will protect, defend, and not hold us responsible for any claims, damages, liabilities, costs, losses, and expenses related to:


  • Your use of the services and any payment issues incurred.
  • Work or content created in connection with your use of the services.
  • Service contracts you or your team enter, including issues related to freelancer classification or employment claims.
  • Failure to follow the terms of service or comply with the law.
  • Negligence, intentional misconduct, or fraud by you or your team.
  • Violation of third-party rights, including privacy, publicity, or intellectual property.
  • If someone makes a claim against us because of your actions, you agree to cover our costs.


13. Agreement Term and Termination


This section explains when and how this agreement ends, the termination process, and what happens afterward.


13.1 Termination


Either you or we can end this agreement at any time, with or without a reason, by giving written notice. If you terminate, your access to the services will be revoked.


Even after termination, obligations like payment for outstanding services continue until projects are completed. We may also deny access if you breach terms, provide false information, cause legal issues, or as required by law.


13.2 Account Data on Closure


Upon closure, you lose access to your account information. We may retain some data as required by law and our privacy policy.


13.3 Survival


Certain terms, like those related to arbitration, intellectual property, indemnification, and limitations of liability, continue even after the agreement ends.


14. Disputes Between You and atFreelance


This section covers how disputes between you and us are resolved, emphasizing attempts at informal resolution first and, if necessary, through arbitration.


14.1 Dispute Process, Arbitration, and Scope


Disputes will be resolved through binding arbitration. You waive the right to a jury trial. The decision of the arbitrator is final, subject to limited review.


14.2 Choice of Law


The agreement is governed by California law, with federal arbitration rules.


14.3 Informal Dispute Resolution


Before arbitration, parties must informally resolve disputes. Notices are exchanged, and a 60-day period is given to resolve the claim.


14.4 Binding Arbitration and Class Action/Jury Trial Waiver


Most disputes are resolved through arbitration, not court. Class actions and jury trials are waived, and users in the U.S. agree to this process.


14.4.4 Right to Opt-Out of the Arbitration Provision


Users in the U.S. can opt out of the arbitration provision within 30 days of registration. Opting out doesn't affect other terms.


15. General


This section covers additional terms of the agreement, interpretations, and restrictions on accessing the site from certain locations.


15.1 Entire Agreement


The agreement is comprehensive, superseding previous agreements. Exceptions exist for specific premium agreements.


15.2 Modifications; Waiver


We may modify terms with notice. Failure to act on a breach doesn't waive the right to act on future breaches.


15.3 Assignability


You can't transfer rights unless approved. Specific procedures apply in case of acquisition or change in ownership.


15.4 Severability; Interpretation


If a provision is invalid, it's interpreted to achieve its objectives under the law. The rest of the agreement remains in force.


15.5 Force Majeure


Parties aren't responsible for delays or failures due to unforeseen events beyond their control.


15.6 Prevailing Language and Location


The English version of terms prevails. The site is operated from Bangladesh.


15.7 Access of the Site Outside Bangladesh


The site may not be appropriate or available outside Bangladesh. Users accessing from other jurisdictions do so at their own risk.


15.8 Consent to Use Electronic Records


Agreement to receive electronic records instead of paper.


16. Definitions


Defines capitalized terms used in the agreement. Users are encouraged to refer to these definitions for clarity.


Terms of Use


This document outlines the essential guidelines that maintain the order of our platform. We refer to these guidelines as our Terms of Use. They are applicable to atFreelance.com and all affiliated websites and applications owned or operated by us, atFreelance, and our associated entities.


These terms outline the conduct we expect from you while interacting with atFreelance, whether you're a registered user or a visitor exploring our platform without registration. It's crucial to carefully review and understand these rules because, by using our platform, you are indicating your agreement to adhere to them.


Key Points to Note:


  • Applicability: These terms are relevant to atFreelance.com and all related digital properties owned or managed by us.

  • User Agreement: The terms lay down the expectations regarding user behavior, applicable both to registered users and site visitors.

  • Obligation to Follow: By utilizing our platform, you commit to abiding by these terms.


1. Licensing and Third-Party Content


This section outlines the terms for using our platform, atFreelance. We strive to maintain a smooth operation (1.1) and reserve the right to restrict access if necessary (1.2). While you can post your own content, you can't use our intellectual property (1.3). You're accountable for your content (1.4), and we are not responsible for content posted by other users (1.5). If you believe someone is using your copyrighted material, inform us (1.6).


1.1 Permission to Use Our Services


You are granted a limited license to access and use our services, provided you comply with our terms of use and other applicable terms of service. We aim to ensure the safety and functionality of our services, but continuous access is not guaranteed. We may modify or discontinue features without notice.


1.2 Termination of Services


We reserve the right to terminate your access to atFreelance if you violate our terms. If this occurs, we will notify you, and you must cease using our services immediately.


1.3 Protection of Intellectual Property


While you can use our services, you cannot use our trademarks or other intellectual property. All rights to our intellectual property are retained by us.


1.4 Posting Your Content


1.4.1 Responsibility for Your Posts: You are responsible for what you post on atFreelance. If any claims arise due to your content, you agree to indemnify us for legal fees.


1.4.2 Rights Granted to Us and Others: By posting content, you grant us and our affiliates an irrevocable and non-exclusive worldwide license to use, edit, and share that content. Users and site visitors also have the right to access and use your content through the site, following our terms and the law.


1.4.3 Sharing Ideas: You can share ideas for improving atFreelance. If you do, your ideas are considered free and unsolicited. We are free to use, change, and share the idea without obligation to provide compensation.


1.5 Third-Party Content


Users are responsible for their posts or links on atFreelance. We are not liable for the accuracy or reliability of content shared by others, unless they are official representatives of atFreelance. Links to third-party websites do not imply our endorsement.


1.6 Copyright Complaints


If you believe content on our site infringes your rights, you can request its removal. We adhere to copyright laws and encourage users to do the same. Report any infringements following the Digital Millennium Copyright Act.


Your engagement with atFreelance is guided by these terms. We encourage you to review and understand them thoroughly.


2. What You Can Do on atFreelance


You can use our services for work and to learn from the information we share. Our platform is designed for business purposes, helping users connect, build working relationships, and make payments for work. Some services provide interesting and useful information, but we don't guarantee its accuracy. Never use it as tax or legal advice, and always double-check the information.


3. What You Can't Do on atFreelance


Certain uses are not allowed, including:


3.1 Posting Unacceptable Content: You can't share anything illegal, violent, discriminatory, sexually explicit, related to child exploitation, or violating intellectual property rights.


3.2 Acting Misleading or Fraudulent: You can't misrepresent yourself, or your skills, or engage in dishonest practices, especially related to payments.


3.3 Treating Others Unfairly: Everyone should be treated fairly. You can't discriminate, incite violence, share private information, spam others, or demand free work.


3.4 Abusing Feedback: Use our feedback system honestly. No coercing feedback or engaging in fake services for better ratings.


3.5 Other Disallowed Uses: You can't share or sell your account, promote other organizations, interfere with our technology, or violate our terms.


4. Enforcing Our Terms


4.1 We Enforce These Rules: We can suspend your account if you break the rules. Even if we don't act on every violation, we reserve the right to enforce our terms in the future.


4.2 Report Violations: If you see someone breaking the rules, let us know. We appreciate your help in maintaining a safe environment.


5. Definitions


Here are some key terms:


  • Affiliate: Anyone or anything connected or managed by us.
  • Client: Someone using our site to find freelancer services.
  • Deep Fake: A manipulated video or image that misleads by replacing one person with another.
  • Freelancer: An individual or agency offering services on our site.
  • Freelancer Services: Work freelancers do on atFreelance.
  • Means of Direct Contact: Information allowing direct communication outside our platform.
  • Site Services: All services, applications, and products on atFreelance except freelancer services.
  • Content: Anything users post on atFreelance, including comments, profiles, feedback, images, or information.


Direct Contracts Terms


1. How it Works on atFreelance


With atFreelance's Direct Contracts Service, Freelancers can propose fixed-price or hourly contracts to eligible Clients. Similarly, Clients can invite Freelancers to propose contracts. If both parties agree on a proposal, they enter into a Direct Contract.


1.1 Fixed Price Contracts:


Once accepted, the Client puts the project funds in escrow (Direct Contract Funds).

After completing the work or a milestone, the Freelancer requests the release of funds.

If the Client approves, atFreelance Escrow releases the funds, and the Direct Contract ends.


1.2 Hourly Contracts:


Upon acceptance, the Client funds a deposit equivalent to the agreed weekly hourly limit (Direct Contract Deposit). atFreelance holds the deposit in escrow. The Client funds weekly payments based on the Freelancer's submitted invoices (Direct Contract Weekly Funds). If approved, atFreelance releases the funds to the Freelancer.


2. Who Can Use atFreelance's Direct Contracts


Any eligible Freelancer on the site can use Direct Contract Services. Clients can create or accept Direct Contracts only if they've never had an account on atFreelance.


3. Fees on Direct Contracts


3.1 Freelancer Fees:


Direct Contract Payment Fee: Freelancers pay a 3% processing fee, automatically deducted from Direct Contract Funds.


3.2 Client Fees:


Clients are charged a processing fee, clearly displayed before entering into a Direct Contract.


4. Escrow Services


Freelancers and Clients agree to follow Fixed Price or Hourly Direct Contract Escrow Instructions.


5. atFreelance's Role and User Responsibilities


atFreelance is not part of any Direct Contract, not responsible for the work, payments, or actions of Freelancers or Clients. atFreelance Escrow provides services but doesn't guarantee Freelancer payment.


6. Other Important Terms


These Direct Contract Terms, along with the User Agreement, cover the entire agreement. No modifications are effective unless in writing. atFreelance can amend the terms with notice, and your continued use after changes constitute acceptance. In conflicts, the applicable escrow instructions prevail, and these terms override others in the agreement.


Escrow Instructions


Hourly Payment Agreement with Escrow Instructions Simplified


This agreement applies if you and a freelancer are using atFreelance for hourly work, and bonus payments. atFreelance Escrow provides the escrow services mentioned here.


Digital Signature:


By accepting an Hourly Contract or making a bonus payment, both the client and freelancer agree to this agreement electronically. This means they acknowledge and agree to handle transactions electronically.


Hourly Payments:


For hourly contracts, invoices are generated weekly based on hours recorded in the Work Diary.

The freelancer authorizes atFreelance to create and submit invoices on their behalf. The client must review and approve or dispute the invoice within a specific period. After the review period, approved amounts are automatically paid.


Bonus or Expense Payments:


Clients can make bonus, tip, or expense payments to freelancers on the site.

Instructions to pay are irrevocable, meaning they cannot be changed once initiated.


Release of Escrow Funds:


atFreelance Escrow will release funds to the freelancer based on certain conditions.

Conditions include client approval, completion of work, and resolution of disputes.


Payment Protection:


atFreelance provides limited payment protection for freelancers in certain situations. For clients, protection applies if hours billed are not related to the contract or if there are disputes.


Disputes:


Clients can dispute hours within a specific period. atFreelance offers non-binding dispute assistance within 30 days of the last payment.


Refunds and Cancellations:


Clients and freelancers are encouraged to mutually agree on refunds or cancellations. Refunds can be issued via the atFreelance platform if no funds are in escrow.


Service Fees for Dispute Assistance:


Service fees apply to escrow funds released following dispute assistance.


Notices:


Users receive notices via email, and it's their responsibility to maintain an active email address.


Cooperation with Dispute Assistance:


Claims and disputes must follow the terms of the dispute assistance program.


Abuse:


atFreelance reserves the right to suspend or terminate accounts for abuse of the dispute assistance program.


No Responsibility for Services or Payments:


atFreelance and affiliates provide a platform for payment services but do not control or guarantee the services provided. This simplified version is meant for easy understanding, and users should refer to the original document for complete details.


Fixed-Price Service Contract Guidelines for AtFreelance


If you and a freelancer decide to work together on atFreelance and agree to a fixed-price contract, these guidelines will help you understand how escrow works.


1. Digital Signature and Communications


When you agree to a contract or fund escrow, it's considered an electronic agreement. This means you agree to handle the transaction online, and you can receive, download, and print these instructions electronically.


2. Acceptance of Escrow Instructions


Once you and the freelancer agree to a service contract, these instructions become a binding agreement between you, the freelancer, and atFreelance. Any additional instructions or changes must be agreed upon in writing.


3. Deposit of Funds into Escrow


When you offer or accept a contract, you agree to deposit funds for the first milestone or the full contract amount into the escrow account. More funds for additional milestones can be added later.


4. Release and Delivery of Escrow Funds


You and the freelancer authorize atFreelance to release funds based on certain conditions. This includes releasing funds to the freelancer if you select that option or if there's no action from you for 14 days after the freelancer's request.


4.1 Release of Funds to Freelancer


Funds can be released to the freelancer if you select the option, if there's no action from you for 14 days after the freelancer's request, or if both parties agree in writing through supplemental instructions.


4.2 Release of Funds to Client


Funds can be released to you if the freelancer cancels the contract, both parties agree in writing, or if certain conditions are met as specified in the instructions.


4.3 Dormant Engagements


If a contract becomes inactive for 90 days, there are rules to release funds to either party unless action is taken.


4.4 Refunds and Cancellations


If refunds or cancellations are necessary, you and the freelancer should try to reach a mutual agreement. If funds are in escrow, specific steps must be followed for refunds or cancellations.


5. Violation of Terms of Service or Law


If fraud or a violation of terms is suspected, atFreelance can take actions to prevent or remedy the situation, including returning funds to their source.


6. Instructions Irrevocable


Your instructions to release funds are generally irrevocable, except in specific circumstances outlined in these instructions.


7. Dispute Assistance Program


If you and the freelancer can't resolve a dispute, atFreelance offers a dispute assistance program to help. The program is non-binding and aims to facilitate communication for dispute resolution.


8. Arbitration:

If a dispute isn't resolved through atFreelance's Dispute Assistance Program, both the Freelancer and Client can demand arbitration for a funded Fixed-Price Contract. This demand must be made within 7 days of a "Notice of Non-Resolution.


8.1 Initiation Procedure:

After receiving the Notice of Non-Resolution, both parties have 7 days to notify atFreelance of their intent to start arbitration and make a payment. If both parties decline arbitration or don't pay within 7 days, funds in escrow are released. If one party pays, and the other rejects arbitration, the paid party gets the funds.


8.2 Authorization for Arbitration Fees:

By authorizing payment for arbitration, you allow atFreelance to charge your account and release funds for arbitration. If funds can't be collected, atFreelance is not responsible for making the payment.


8.3 Time Limit for Arbitration:

If arbitration isn't demanded or paid within 7 days, the dispute is ineligible, and funds are released to the Client.


8.4 Arbitration Award:

The arbitrator's decision is final, binding, and enforceable. If the arbitrator notifies atFreelance, they can act accordingly.


9. Service Fees:

Service fees apply to funds released under the Dispute Assistance Program.


10. Notices:

All communication is via email. Users must keep their email current for notices.


11. Cooperation with Dispute Assistance:

Disputes must follow the Dispute Assistance Program. Improperly filed claims may lead to account suspension.


12. Abuse:

atFreelance can suspend or terminate accounts if it suspects abuse. Existing contract disputes will still follow the terms.


13. No Responsibility for Services or Payments:

atFreelance provides a payment platform but isn't responsible for Freelancer services. No guarantee is given for service quality or payment.


Fixed-Price Direct Contract Escrow Instructions Simplified for atFreelance:


1. Agreement Changes:

If you and a Freelancer set up a Fixed-Price Direct Contract, these instructions apply. Changes may happen without notice, so check the site for updates.


2. Digital Agreement:

By accepting a Direct Contract, both you and the Freelancer electronically agree to these instructions. This means you agree to handle the transaction online.


3. Funding Escrow:

When you accept a Direct Contract, you must deposit funds for the first milestone or the full contract if there's only one milestone. Additional milestones can be funded later.


4. Releasing Funds:

You and the Freelancer allow atFreelance Escrow to release funds under certain conditions. These conditions include you clicking to release funds, not taking action for 14 days, disputes, contract cancellations, or legal orders.


5. Irrevocable Instructions:

Once a condition is met, your instruction to release funds is irrevocable. This means you can't change your mind. atFreelance Escrow will transfer the funds to the Freelancer.


6. Dormant Contracts:

If a contract is inactive for 90 days, it's considered dormant. atFreelance has rules for closing these contracts and releasing funds.


7. Refunds and Cancellations:

If you and the Freelancer can't agree on refunds or cancellations, atFreelance offers a Dispute Assistance Program to help resolve the issue. This program assists in communication but doesn't judge the quality of work.


8. Dispute Assistance Program:

If there's a dispute over funds in Escrow, atFreelance assists by facilitating communication. If no resolution is reached, funds may be split between you and the Freelancer.


9. Notices:

atFreelance will send important notices to your registered email. Make sure your email is updated.


10. Abuse:

atFreelance can suspend or terminate your account if you misuse the Dispute Assistance Program.


11. No Responsibility for Services or Payments:

atFreelance provides a payment platform but doesn't control Freelancer services. There's no guarantee on service quality or payment.


Hourly Direct Contract Escrow Instructions Simplified for atFreelance:


1. Overview:

If you and a Freelancer agree to an Hourly Direct Contract, these instructions apply. Changes may happen, so check the site for updates.


2. Digital Agreement:

By offering or accepting an Hourly Direct Contract, you and the Freelancer agree electronically. This means you're okay with handling the deal online.


3. Funding:

To start, you agree to deposit funds based on the Freelancer's hourly rate and weekly limit. atFreelance Escrow will hold these funds. If there's work done, and you don't dispute or fund it, the money will be released to the Freelancer.


4. Weekly Invoices:

Freelancers will create invoices every week for hours worked. You must review and approve or dispute these invoices by a set time. If you don't dispute, the funds are released.


5. Irrevocable Instructions:

Once you instruct atFreelance Escrow to pay the Freelancer, it's final. This means you can't change your mind. The payment is non-refundable.


6. Release Conditions:

Funds are released based on certain conditions, like joint instructions, your approval of invoices, or dispute resolutions. atFreelance may also act if fraud or a violation of terms is suspected.


7. Bonus or Expense Payment:

You can make extra payments to the Freelancer using the site. If you decide to pay, atFreelance Escrow will release the funds.


8. Disputes:

If you and the Freelancer can't agree on hours worked, you can dispute within a set time. atFreelance will review and decide if an adjustment is needed.


9. Refunds and Cancellations:

You're encouraged to agree on refunds or cancellations. If no funds are in escrow, the Freelancer can issue a refund via atFreelance.


10. Service Fees:

Fees apply to funds released after disputes, as explained in the User Agreement and these instructions.


11. Notices:

Important messages will be sent to your registered email. Keep your email updated to get these notices.


12. Abuse:

atFreelance can suspend or terminate your account if they think you're misusing the system. Any disputes before termination will follow the usual rules.


13. No Responsibility for Services or Payments:

atFreelance provides a platform for payment services. They're not responsible for the quality of services or guaranteeing payments.


Fee and ACH Authorization Agreement

Fee and ACH Authorization Agreement Simplified for atFreelance:


1. Introduction:

This agreement is between you and atFreelance. It explains fees for using atFreelance's services and allows debits and credits from your bank account through ACH.



2. Fees for Freelancers:

Freelancers pay fees, like the Service Fee (20% of invoiced fees). There's also a Membership Fee and additional fees for certain payment methods. Fees are explained based on the type of work and contract.


4. Special Pricing for Freelancers:

Some Freelancers may have special pricing, like lower fees or different rates, based on certain conditions. Alternate pricing is explained clearly.


5. Other Fees for Freelancers:

Freelancers can choose memberships with fees or buy additional features. atFreelance can change these fees but will give notice.


6. Client Membership Plan and Fees:

Clients pay a Marketplace Fee (up to 5%) on each transaction. There's also a one-time Contract Initiation Fee for new contracts. A Client Marketplace Plan may have additional features. atFreelance can change these fees with notice.


7. Taxes:

Taxes may be applied to certain fees, as per the User Agreement.


8. ACH Authorization:

If eligible, you can pay fees through ACH. You allow atFreelance to debit and credit your bank account electronically. You must give notice if you want to cancel this authorization.


9. Bank Account Changes:

Notify atFreelance at least five days before changing your bank account. atFreelance may try to implement the change earlier.


10. Error Notifications:

Review your transaction history regularly. If you find an error, notify atFreelance within 30 days.


11. Error Resolution:

If an error is atFreelance's fault, they'll correct it. If it's your fault, they may try to help but aren't obligated to. Any costs incurred might be deducted from your account.


Freelancer Membership Agreement


1. Introduction:

This agreement is between you and atFreelance. It's part of the User Agreement. You'll be notified of any important changes, and continuing to use the membership means you accept them.


2. Parties:

You're making this agreement with atFreelance.


3. Freelancer Membership Programs:

atFreelance has different membership programs for Freelancers and Agencies. As a member, you get "Connects" to apply for projects. If you don't use them all, they can roll over. atFreelance can change fees, Connects, or add new ones, with notice. No refunds for fees already paid. If atFreelance cancels your membership, they won't refund fees.


4. Taxes:

If applicable, atFreelance may collect taxes (like VAT) on membership fees and Connect costs.


5. Automatic Membership Renewal:

You pay membership fees and Connect costs through atFreelance Escrow Account. The billing starts when atFreelance gets payment. Your membership auto-renews each month. You authorize atFreelance to make these payments until you change settings or cancel your account.


6. Changes to Membership Program:

You can change your membership anytime, including going to a free plan. Upgrades create a new billing date. Downgrades don't refund fees but continue until the current period ends. If you don't pay, your account goes to a free plan. atFreelance can change membership programs with notice.


Optional Service Contract Terms


1. Service Contract Agreement:

When users agree to work together on a project through atFreelance, they can choose to adopt these optional service terms. If they don't agree on different terms, these terms apply. Users can't change atFreelance or atFreelance Escrow's rights or responsibilities.


2. Parties:

The client and freelancer are the main parties in a service contract. atFreelance is not directly involved in the contract.


3. Services:

Freelancers work independently and aren't employees of the client. They should perform services professionally and deliver agreed-upon work on time. The client specifies the work, but freelancers control how it's done.


4. Responsibility for Employees and Subcontractors:

If a freelancer uses others to help, they must follow the law and ensure quality. Confidentiality and intellectual property terms with these helpers should be as strong as in these terms.


5. Client Payments and Billing:

Freelancers need to accurately report their hours or charges. If agencies use freelancers, they bill clients accordingly.


6. Termination of a Service Contract:

Clients or freelancers can end hourly contracts with notice, at the end date, or for a significant breach. For fixed-price contracts, termination is possible with mutual consent or for a substantial breach. Payment obligations remain for services provided before termination.


7. Intellectual Property Rights:

Freelancers promise not to use others' materials without permission. They disclose any technology they plan to use, and upon full payment, clients own the work. Clients also get a license to use any background technology.


8. Confidential Information:

Both parties must protect each other's confidential information, use it only for the project, and not disclose it. After the project, they must return or destroy the information as per the other party's request.


9. Definitions:

Key terms include background technology, client, freelancer, freelancer fees, hourly contract, intellectual property rights, service contract, and work product.


Mark Use Guidelines


1. atFreelance Marks:

The atFreelance name and logo are important to us. These guidelines explain when and how you can use the "atFreelance Marks," which include our trademarks:


atFreelance

at

These marks are valuable to us, so we want to ensure they're used correctly.


2. Use of atFreelance Logo Marks:

If you want to use our logo, the "atFreelance Logo Marks," you need written permission from us. Without permission, you can't use, copy, modify, distribute, or post our logo. If you do have permission, use the logo only as allowed and according to these guidelines.


3. Use of Other atFreelance Marks:

You can use other atFreelance Marks descriptively, following these guidelines or as allowed by law. Descriptive use includes talking about atFreelance or its services. Remember:


Don't mislead anyone about your connection with atFreelance.

When mentioning atFreelance, use a plain text font.

Always use "atFreelance," not variations like "atFreelance" or "ATFREELANCE."


4. Prohibited Use of atFreelance Marks:

Without written permission, you can't use any atFreelance Mark:


  • On letterheads, business cards, or signature blocks.
  • As part of your business or domain name.
  • As a user ID on atFreelance or social media.
  • With any third-party trademark in a way that might cause confusion.
  • In a way that suggests you're officially connected with atFreelance or endorsed by us.
  • Outside your relationship with us, unless we permit it in writing.


Even with permission for the atFreelance Logo Mark, you can't use it:


  • If it's reproduced from an unauthorized source.
  • If it's modified, including color changes or altering the size and position of letters.
  • If it's used in negative or reverse reproduction.
  • Confined in a band or bar.
  • With other logos or marks from different entities.


5. Use of Copyrighted Works:

You can't use screenshots or videos of atFreelance's Site or other copyrighted works without our written permission. If it includes third-party content, you need permission from the user. We can't give you permission for screenshots with third-party content.


Proprietary Rights Infringement Reporting Procedures


Copyright Infringement Claims:


At atFreelance, we respect everyone's intellectual property rights and want to ensure our platform is free from any content that violates those rights. If you believe someone has used your copyrighted material without permission, you can let us know by following these steps:


Send us a written communication that includes:


  • Your signature or the signature of someone authorized to act on your behalf.
  • A description of your copyrighted work and a link to where it's located.
  • Details about where the allegedly infringing material is on our website.
  • Your email address and contact information.
  • A statement that you believe the use is not authorized by the copyright owner.


Email this information to our Legal Department at legalnotices@atfreelance.com or use our online form.


Upon receiving a valid notice, we may take down the material and inform the person who posted it. If you receive a notice that you think is incorrect, you can send us a counter-notice with the same information.


Trademark and Other Intellectual Property Right Infringement Notices:


For claims of trademark or other intellectual property infringement, provide us with:


  • Clear information about where the allegedly infringing work is located.
  • Details about your trademark or intellectual property rights, including registration numbers and links to records.
  • Your contact information and relationship to the trademark holder.
  • Send this information to our Legal Department at legalnotices@atfreelance.com or use our online form.


We take these matters seriously and will respond appropriately. If you have any questions, feel free to reach out.


Privacy Policy


This is atFreelance's Privacy Policy, and it's here to explain how and why we use your personal information when you use our site or service. When we say "atFreelance," we mean the company that runs this platform. When we mention the "Site," we're talking about our website (www.atfreelance.com), and the "Service" includes everything related to our platform.


1. Collecting Information


If you use our service, you might be a Client, Freelancer, or just visiting our site.


a. Information You Give Us


When you use our service, you share information about yourself, like your name, contact details, and financial info for payments. We may also collect data about your use of the service to enhance it. You might share info about your contacts or friends too. Agencies may provide info about Freelancers linked with them.



1. Categories of Personal Information We Collect


1.1 Examples of Personal Information Collected

  • Identifiers: Name, Date of Birth, Social Media Account Information, Profile Data, IP Address
  • Contact / Account Profile Information: Email Address, Home Address, Billing Address, Phone Number
  • Sensitive Personal Information / Government Issued Identification Numbers: Social Security Number, Driver’s License, State Identification or Passport Number, VAT Identification Number, Tax Identification Number, Immigration Status, Citizenship Information
  • Commercial Information: Transaction Data including services offered, considered, or purchased
  • Financial Data/Payment Information: Credit card or other financial account information
  • Internet or Other Network or Device Activities Including Information from Cookies: Unique device and app identifiers, browsing history or other usage data, browser and operating system information, URL or advertisement referrals, search engine terms, areas visited within the Service, clicked links, viewed content, and related statistics
  • Approximate Geolocation Information: Your approximate location
  • Sensory Information: Audio recordings (with permission) and video recordings (with permission)
  • Other information that identifies or can be reasonably associated with you: User-generated content, photographs, examples of work, information on previous work via the Service and outside the Service, skills, tests taken, test scores, hourly pay rates, and earnings information.

2. Categories of Sources of Personal Information


2.1 Business Purpose for Collection of Personal Information

Directly from You or Your use of the Service; Cookies and Other Tracking Technologies; Third Parties (such as affiliates, agents, service providers, and other users)

Providing and Improving the Service, Identification, Communications, Marketing, Analytics, Security, Legal, Compliance, and Regulatory Obligations.


3. Business Purpose for Collection of Personal Information


3.1 Examples of Personal Information Collected

  • Identifiers: Providing and Improving the Service, Identification, Communications, Marketing, Analytics, Security, Legal, Compliance, and Regulatory Obligations.
  • Contact / Account Profile Information: Providing and Improving the Service, Identification, Communicating with You, Marketing, Analytics, Security, Legal, Compliance, and Regulatory Obligations.
  • Sensitive Personal Information / Government Issued Identification Numbers: Verifying Your Identity and Detecting Fraud, Identity Theft, or Other Misuse of Your Account, Legal, Compliance, and Regulatory Obligations.
  • Commercial Information: Providing and Improving the Service, Identification, Communications, Marketing, Analytics, Security, Legal, Compliance, and Regulatory Obligations.
  • Financial Data/Payment Information: Providing and Improving the Service, Identification, Communications, Security, Legal, Compliance, and Regulatory Obligations.
  • Internet or Other Network or Device Activities Including Information from Cookies: Providing and Improving the Service, Identification, Communications, Marketing, Analytics, Security, Legal, Compliance, and Regulatory Obligations.
  • Approximate Geolocation Information: Providing and Improving the Service, Identification, Communications, Marketing, Analytics, Security, Legal, Compliance, and Regulatory Obligations.
  • Sensory Information: Providing and Improving the Service, Identification, Communications, Marketing, Security, Legal, Compliance, and Regulatory Obligations.
  • Other information that identifies or can be reasonably associated with you: Providing and Improving the Service, Identification, Communications, Marketing, Analytics, Security, Legal, Compliance, and Regulatory Obligations.


b. Non-Identifying Information


We may collect data like zip codes or demographics that doesn't directly identify you. Sometimes, we turn Personal Info into a code for analysis, but we treat it as Personal Info.


c. Information Collected Automatically


We get technical data when you use our service, like log-in info and browsing habits. We use this for analysis, improving the site, and showing you relevant ads.


d. Work Diaries and Work View


Freelancers can share info about their work, like screenshots or keystrokes, with Clients. Freelancers can block data sharing, but they may not get paid for that work. We use this data for analysis and research.


e. Third-Party Analytics Providers, Ad Servers, and Similar Third Parties


We work with partners for ads and analytics to understand how people use our site. You can opt-out of interest-based ads.


f. Do Not Track Signals and GPC


Your browser may send a “Do Not Track” signal. We usually don’t change our practices based on this. We honor the Global Privacy Control (GPC) signal in your cookie preferences.


g. Messaging


Users may chat with each other on our platform, and both parties control the data shared in these communications.


h. Children


Our service is for users 18 and older. We don’t knowingly collect info from those under 18. If we find out a child provided info, we’ll try to delete it. Parents can contact us at legalnotices@atFreelance.com.


2. How We Use Your Information


We use the info we collect through the service to make the service better, process your requests, prevent fraud, provide you with info and ads that you might like, follow the law, and with your permission.


a. How We Use the Info:


  • To improve the service, complete your transactions, and handle your inquiries.
  • To contact you with important info and newsletters.
  • To personalize the content and offers you see.
  • To manage our business relationship with you and for statistics reports.
  • To review your proposal for a project and prepare necessary reports.
  • To follow the law, investigate, protect rights, and ensure safety.
  • To fulfill our contractual commitments and for our legitimate interests, like providing the service and improving it.
  • To comply with legal obligations.


3. Keeping Your Data


We keep your personal info as long as needed for the reasons it was collected, and to meet legal or reporting requirements.


4. Sharing and Disclosing Info


We don’t "sell" your personal info, but we may share it for various reasons:


atFreelance Users: Sharing info between Freelancers, Clients, Agencies, and atFreelance Payroll vendors.


Service Providers: Using third-party companies to help us provide and analyze the service.

Generative AI Partners: Integrating third-party AI service providers for enhanced features.

Legal and Investigative Purposes: Sharing info when required by law or for reporting earnings.

Internal and Business Transfers: Sharing info with atFreelance Inc. and affiliates for business purposes.


atFreelance Foundation Initiative: Sharing relevant info with partners for program participation.

Sweepstakes, Contests, and Promotions: Sharing info for participation in promotions.

Non-Identifying Information: Sharing aggregated non-identifying info with third parties.


5. Your Choices and Rights


You have certain choices and rights about your info, like opting out of ads. You can ask someone to request things for you. You won't be treated unfairly for using your privacy rights.


Verifying Your Request:

Only you or someone you allow can make requests about your info. We'll check your request to make sure it's really you. If it's about accessing or deleting your info, we need to be sure it's you asking.


For People in Europe, UK, or Switzerland:

You have rights to:


  • Access your info.
  • Delete your info.
  • Correct wrong info.
  • Limit how we use your info.
  • Say no to more processing, including marketing.
  • Request your info in a usable format.
  • Take back any consent you gave.
  • Limit automatic processing of your info.
  • Complain to the right authority.


For California Residents:


  • You can ask for info about what we collected in the past year.
  • You can opt-out of selling or sharing your info.
  • You can limit the use of sensitive info.
  • You can ask to delete your info.
  • You can ask to correct your info.


For Nevada Residents:

You can opt-out of selling your info.


For Other States:

Rights include confirming, accessing, porting, deleting, and correcting your info. You can also opt-out of certain processes.


Appeals Process & Concerns:

If we say no to your request, you can appeal. If you're not happy, contact our dispute resolution provider.


6. Security


We try to protect your info, but no security is perfect. We use safeguards to keep info safe.


7. Cross-Border Data Transfers


We process info in Bangladesh. If we send info elsewhere, we ensure it's protected.


Privacy Shield Notice:

We follow the Privacy Shield framework. For complaints, contact us first or use JAMS.


8. Links to Other Sites


We have links to other websites. Clicking means you go to their site. We don't control them, so check their privacy policies.


9. Changes to This Policy


This policy might change. If it's big, we'll let you know.


10. Contact Us


If you want to use your rights, contact us. Questions? Email or write to us.



Refund Policy


If you are not 100% satisfied with your purchase, within 30 days from the delivery acceptance date, we will fully refund the cost of your order.


Cancellation Policy


Cancellation of orders is a last resort and should be handled with clear and polite communication throughout the process. Cancellations can impact both buyers' and sellers' experiences, as well as a seller's potential income. Let's go through the different types of cancellations you might encounter on atFreelance:


1. Buyer-Requested Cancellations


  • If an order is marked as very late (24 hours or more), buyers can request to cancel.
  • If sellers have already started working on the order, they might not receive payment.


2. Seller-Requested Cancellations


  • While satisfying buyers is important, sometimes cancellations are the best solution.
  • If a seller requests to cancel, the order will be automatically canceled if the buyer doesn't respond within 48 hours.


3. Mutual Cancellations


  • Both buyers and sellers can request a cancellation through the Resolution Center if there are issues with the order.
  • The other party has up to 48 hours to accept or decline the cancellation request.


4. Forced Cancellations


  • There are specific scenarios in which you can cancel an order:
  • Before submitting project requirements as a buyer.
  • If the delivery is late (seller misses the deadline) without a mutual agreement.
  • Cancelling with an open dispute (you need to withdraw the dispute first).


All cancellations are considered when evaluating a seller's performance.

Some cancellations have a lower impact, but it's essential to minimize cancellations to maintain a good seller level.


Tips to Decrease Cancellations


  • Be clear about pricing and project requirements upfront.
  • Communicate effectively throughout the order process.
  • Use the Order page to modify your order if necessary.
  • Set reasonable delivery times and communicate professionally if cancellation becomes inevitable.


Remember, it's in everyone's best interest to minimize cancellations and ensure a smooth and positive experience on atFreelance. Clear communication and understanding can help prevent most issues that might lead to cancellations.


Exchange Rate Policy


For the next 4 months, we have set a fixed exchange rate for our marketplace. This means that 1 US dollar will be equivalent to 107 Bangladeshi Taka.


We reserve the flexibility to adjust this exchange rate as needed.