USER AGREEMENT OF BEST-GLOBAL-SUPPORT.COM
Last modified: January 20, 2015
Best-global-support.com is only a venue to connect Clients and Freelancers to identify each other and to buy and sell Services online. We provide services to both Clients and Freelancers, facilitating the formation of contracts between Clients and Freelancers, and we manage disputes related to those contracts. Clients post their jobs as per their requirements and invite Freelancers to apply. Freelancers post their profiles and bid on jobs posted by Clients. Upon acceptance of Freelancer’s bid by Client a Service Contract is formed between Client and Freelancer. We collect payment from Clients in connection with their receipt of services performed by Freelancer and make payment to Freelancers.
You agree and understands that: (i) we are not a party to any contracts between Clients and Freelancers; (ii) you are not our employee and that we do not, in any way, supervise, direct, or control Freelancer's work or Services; (iii) we shall not be liable or have any obligations under or related to contracts or any acts or omissions by Freelancers or Clients; (iv) We make no representations as to the reliability, capability, or qualifications of any Freelancer or the quality, security or legality of any Services, and disclaim any and all liability relating thereto.
If you are below 18 years, you are prohibited from downloading, registering for, or using this site. By using this site, you warrant to Best-global-support.com that you are above the age of eighteen. Our services are available only to legal entities and persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law.
ACCESSING OUR SITE
We reserve the right to withdraw or amend the service we provide on our site. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some part of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this User Agreement. We have the right to terminate your membership at any time in our sole discretion.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
You are responsible for all use of your account and for any information, material and products you post onto the site and we assume no responsibility or liability for such information and reserve the right to reject or remove any information/content for any reason without explanation or liability.
You agree that when using our services you will not:
- Plagiarize the works of others. All material posted will be original.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. This includes the posting of identifying or contact information of others without their consent.
- Use the site to solicit donations or contributions from site members.
- Discuss or publicize legal matters (divorce, child custody, etc
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, video, audio, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Download any file posted by another user of our Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Restrict or inhibit any other user from using and enjoying our Services.
- Violate any code of conduct or other guidelines.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
- Provide any content that encourages a criminal offense or violates the rights of any party.
- Impersonate anyone else or misrepresent your affiliation with a person or entity.
We charge Freelancers a fee 10% of Client's payments, plus a fee for disbursements for the services of connecting them with the Clients that hire them and collecting payment for work. If Freelancer elects disbursement through a third party or in foreign currency, there shall be additional fees chargeable by third party or for currency conversion. Fees are non-refundable, whether or not Contracts were satisfactorily completed or not.
INVOICES AND PAYMENT METHODS
We shall not be responsible for determining the necessity of invoices, or for determining, remitting, or withholding any taxes applicable to Freelancer Fees. Freelancers shall be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Freelancer Fees and for issuing any invoices so required. Freelancer shall also be solely responsible for: (a) determining whether Freelancer or we are required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Freelancer Fees, and remitting any such taxes or charges to the appropriate authorities on behalf of itself or us, as appropriate; and (b) determining whether we are required by applicable law to withhold any amount of the Freelancer Fees, notifying us of any such requirement and indemnifying us for any requirement to pay any withholding amount to the appropriate authorities. We shall have the right, but not the obligation, to audit and monitor Freelancer's compliance with applicable tax laws. Further, in the event of an audit by us, Freelancer agrees to promptly cooperate with us and provide copies of Freelancer's tax returns, and other documents as may be reasonably requested for purposes of such audit.
Client authorizes us and our Affiliates to run credit card authorizations on all credit cards provided by Client, to store credit card details method of payment for Services, and to charge credit card or any other form of payment authorized by us or mutually agreed to between Client and us.
We guarantee payment hourly based Contracts where the Client has a verified payment method and the time represented is captured online using our software and appropriate time logs are recorded. The Payment Guarantee will not apply to Freelancers or Contracts in violation of this User Agreement, where Freelancer does not meet requirements of the Contract between Client and Freelancer, where the Freelancer has committed or involve in fraud or abuse of this Payment Guarantee.
PAYMENTS SHOULD NOT BE OUTSIDE OUR SYSTEM
Both Freelancers and Clients agree that payment shall not be made or received outside our platform. Any action that encourages or solicits complete or partial payment outside of our platform is a violation of this Agreement. Anyone who violates this section shall be liable to pay an amount with respect to each Service Contract equal to or greater of the applicable fees had the payments been processed through our Platform, plus __%.
If Client fails to pay amounts for any reason, Client's account will be suspended, no additional payments will be processed, and any work-in-progress will be stopped. Client shall be liable to pay amounts due upon demand, plus applicable processing fees, charges or penalties, plus interest at as determined by us or the maximum allowed by law, plus attorneys' fees and other costs of collection as allowed by law. We may set off amounts due against other amounts received from or held for Client, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
VIOLATIONS BY FREELANCERS
If Freelancer commits fraud or abuse or violation of this User Agreement, all monies due to the Freelancer may be held and/or reclaimed, not limited to those from the Contract(s) under investigation.
For hourly contracts only, Clients may dispute only within the dispute period following the close of a weekly invoice period, after payment of charges to Freelancers, it can no longer be disputed and can only be refunded by the Freelancer. Disputes on hourly contracts can only address the hours billed, not the quality of the work performed or deliverables. We will investigate the Time Log to determine, in our sole discretion, whether an adjustment is appropriate and such determination shall be final.
INTELLECTUAL PROPERTY RIGHTS
Best-global-support.com is the owner or the licensee of all intellectual property rights in our site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Best-global-support.com do not however claim ownership of any content you post onto the site which shall remain your property, however by posting content onto this site you hereby grant us a non-exclusive royalty free license to use, modify, delete, reproduce and distribute such content for the purposes of operating this site. You also hereby acknowledge that we may retain archived copies of any of your content even if you have removed such content. You hereby represent that any content you post is owned by you or otherwise you have the right to grant the aforesaid license and that any content does not violate the intellectual property rights of any third party.
You may print off copies, and may download extracts, of any page(s) from our site for your personal reference only.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Best-global-support.com website, you warrant to Best-global-support.com that you will not use the Best-global-support.com website for any purpose that is unlawful or prohibited by this User Agreement. You may not use the Best-global-support.com website in any manner which could damage, disable, overburden, or impair the Best-global-support.com website or interfere with any other party's use and enjoyment of the Best-global-support.com website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Best-global-support.com websites.
MATERIALS PROVIDED TO BEST-GLOBAL-SUPPORT OR POSTED AT BEST-GLOBAL-SUPPORT
Best-global-support.com does not claim ownership of the materials you provide (including feedback and suggestions) or post, upload, input or submit to Best-global-support.com website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Best-global-support.com permission to use your Submission in connection with the operation of this website, including, without limitation, the rights to publicly display, translate and reformat your Submission for display, and to publish your username or name in connection with your Submission.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LINKS TO THIRD PARTY SITES
The Best-global-support.com website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Best-global-support.com and Best-global-support.com is not responsible for the contents of any Linked Site, including without limitation to any link contained in a Linked Site, or any changes or updates to a Linked Site. Best-global-support.com is not responsible for webcasting or any other form of transmission received from any Linked Site. Best-global-support.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Best-global-support.com of the site or any association with its operators.
DISCLIAMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE BEST-GLOBAL-SUPPORT.COM WEB SITE AND ITS SERVICES IS AT YOUR SOLE RISK AND THAT THE WEBSITE AND ITS SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
FURTHER, BEST-GLOBAL-SUPPORT.COM, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE WEB SITE WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, AND
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED OR ACCESSED THROUGH THE USE OF THE WEB SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE DOWNLOADING, OBTAINMENT, OR ACCESSING OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEST-GLOBAL-SUPPORT.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND UNEQUIVOCALLY STATED IN THIS USER AGREEMENT. BEST-GLOBAL-SUPPORT.COM makes no representations or warranties as to the accuracy or reliability of such information.
BEST-GLOBAL-SUPPORT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BEST-GLOBAL-
SUPPORT.COM DISCLAIMS ANY WARRANTY THAT ANY POSTING, VIDEO, AUDIO, OR OTHER CONTENT ON THE SITE OR IN THE SERVICES IS APPROPRIATE FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT WE DO NOT AND CANNOT REVIEW AND MONITOR CONTENT ON THE SITE OR IN THE SERVICES, AND YOU HEREBY AGREE THAT WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR COSTS THAT MAY ARISE FROM CONTENT ON THE SITE OR THE SERVICES.
BEST-GLOBAL-SUPPORT.COM MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR BY WAY OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEST-GLOBAL-SUPPORT.COM OR THE SERVICES SHALL CREATE ANY WARRANTY.
NOTHING IN THIS USER AGREEMENT SHALL EXCLUDE OR LIMIT BEST-GLOBAL-SUPPORT.COM WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITEDTO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BEST-GLOBAL-SUPPORT.COM, ITS LICENSEES, SUCCESSORS, ASSIGNS, RELATED OR AFFILIATED ENTITIES, ADVERTISERS, SPONSORS, PROVIDERS, CONTRACTORS, CONSULTANTS OR PROFESSIONAL ADVISORS OR THE PARENT, SUBSIDIARY OR AFFILIATED COMPANIES OF EACH OF THEM AND ANY OF ITS OR THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, REPRESENTATIVES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BEST-GLOBAL-SUPPORT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE BEST-GLOBAL-SUPPORT.COMS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT REQUIRED BY LAW.
HOLD HARMLESS, INDEMNIFICATION & RELEASE
By accessing or otherwise using the Best-global-support.com site, you agree to indemnify, hold harmless and release Best-global-support.com (and its employees, officers, directors, owners, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or related to your use or misuse of the Best-global-support.com site or any content or services contained therein or provided thereby, including but not limited to, information from third-party sites linked to the Best-global-support.com site.
PROPRIETARY RIGHTS INFRINGEMENT REPORTING
Best-global-support.com respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Best-global-support.com site, please provide the following information in writing to Best-global-support.com's Copyright Agent:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
- a description of the copyrighted work that you claim has been infringed.
- a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
- information so that we can contact you, such as address, telephone number and e-mail address.
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If you believe that any content or materials you posted, uploaded or submitted to the Best-global-support.com site, that were subsequently removed from the Best-global-support.com sites, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to Best-global-support.com's Copyright Agent:
- your physical or electronic signature.
- a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the Court in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
Best-global-support.com’s Copyright Agent can be reached with the contact form. Only proprietary rights infringement notices should be sent to the Copyright Agent. For other comments or questions regarding the Best-global-support.com site, please contact us through our contact page.
The Service is controlled and operated from Austria. You are responsible for compliance with applicable laws, including local laws regarding online conduct.
If you have any questions about the User Agreement, please contact us.