Terms and Conditions
1. Overview and Definitions
myFreelance.co.za is an online freelance marketplace that enables buyers to search for, enter into and manage transactions with providers of services (“Freelancers”). The Website contains features that enable its users to do, among other things, the following:
Create profiles, advertise capabilities, submit quotes, negotiate, obtain job awards, obtain feedback from buyers, and receive payment.
Post Jobs, search for Freelancers, communicate with Freelancers, negotiate with Freelancers, award Jobs to Freelancers, manage Jobs, leave feedback for Freelancers, and pay Freelancers.
We also provide registered users with certain services described in, and subject to, these Terms and Conditions (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms and Conditions have the following meanings:
Section 7: To Be Removed
Account: means the account created by the Website upon registration.
Assumed Payment Liabilities: shall mean that portion of a user’s total service charges for a job which myfreelance.co.za agrees to assume in consideration of the Service Charges.
Arbitration Service: means the service described in Section 6: Arbitration Service.
User’s Acceptance of Services: shall mean: (i) with respect to an Invoice, a transfer of funds by user to myfreelance.co.za in respect of such Invoice or (ii) with respect to the Payment Service, the earlier to occur of the following: (a) Seller and the Buyer agree as to the rightful recipient of the funds or (b) Seller and Buyer have concluded the process comprising the Arbitration Service.
myFreelance Billing and Payment Services: means, collectively, the myFreelance Invoice Service and the E-Wallet/PayFast Service.
myFreelance Invoice Service: means the service described in Section 5(A).
PayFastService: means the service described in Section 5(B).
Service Charges: means as applicable, the Job, Handling, Withdraw, and Arbitration Service Fees.
Services: means, collectively, the myFreelance Billing and Payment Service, and the Arbitration Service.
Website: means the world wide web site operated by myFreelance at http://www.myFreelance.co.za or any replacement URL.
To access our Services through our Website, you must be a legal entity or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms and Conditions. By becoming a Registered User, you agree to (1) Abide by the Terms and Conditions and the processes, procedures, and guidelines described throughout the Website; (2) Be financially responsible for your use of the Website and the purchase or delivery of services; and (3) Perform your obligations as specified by any Job Agreement that you accept, unless such obligations are prohibited by law or by the Terms and Conditions. myFreelance.co.za reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy, and completeness.
(C) Accounts and Profiles
General. Once you have registered with the Website as a User, the Website will create your Account with myFreelance.co.za and associate it with an account number. You may edit your profile under your Account Dashboard. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize myFreelance.co.za to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the account.
myFreelance.co.za may provide Registered Users several different membership options. The availability of these membership options is dependent upon (i) the Registered User’s status, and (ii) any subsequent upgrades or downgrades of membership options after registration.
Membership options have not been drafted yet. When it becomes available, all Registered Users will be made aware of the Membership options, and these Terms and Conditions will be updated accordingly.
(A) Between Buyer and Seller (Users)
Job Agreement: The engagement, contracting and management of a Job are between the Users. Upon acceptance of a job, the Buyer agrees to purchase, and the Seller agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the Job Agreement between Buyer and Seller including the Quote, Job Description, and other terms and conditions as communicated between Buyer and Seller on the Website or otherwise, (b) these Terms and Conditions, and (c) any other content uploaded to the Website by myFreelance.co.za (collectively, the “Job Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms and Conditions. Any provision of a Job Agreement in conflict with these Terms and Conditions is void. The Buyer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Job Agreement in a timely manner. The Seller is responsible for the performance and quality of the services in accordance with the Job Agreement in a timely manner. The Buyer and Seller each covenant and agrees to act with good faith and fair dealing in the performance of the Job Agreement.
Independence: The Buyer and Seller each acknowledge and agrees that their relationship is that of independent contractors. The Seller shall perform services as an independent contractor and nothing in these Terms and Conditions shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between the Buyer and Seller or between myFreelance.co.za and any Buyer or Seller.
(B) Registered Users and myFreelance.co.za
General: myFreelance.co.za is not a party to the dealing, contracting and fulfillment of any Job between a Buyer and a Seller. myFreelance.co.za has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of Job listings, the qualifications, background, or abilities of Registered Users, the ability of Sellers to perform services, the ability of Buyers to pay for services, or that a Seller or Buyer can or will actually complete a Job. myFreelance.co.za is not responsible for and will not control the manner in which a Seller operates and is not involved in the hiring, firing, discipline or working conditions of the Seller. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Buyer and a Seller. myFreelance.co.za will not provide any Seller with any materials or tools to complete any Job. Buyers and Sellers must look solely to the other for enforcement and performance of all the rights and obligations arising from Job Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
Third-Party Beneficiary of Job Agreement: Buyers and Sellers each acknowledge and agree that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Job Agreement. Buyers and Sellers, therefore, appoint myFreelance.co.za as a third-party beneficiary of their Job Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, myFreelance.co.za by these Terms and Conditions. Buyers and Sellers further agree that myFreelance.co.za has the right to take such actions with respect to the Job Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as myFreelance.co.za in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
Agency: These Terms and Conditions and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and myFreelance.co.za, except and solely to the extent expressly stated.
Taxes: Registered Users are responsible for payment and reporting of any taxes. myFreelance.co.za is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by myFreelance.co.za. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law. In the event myFreelance.co.za receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, myFreelance.co.za will deem such receipt a breach of this section and will suspend your Account until myFreelance.co.za received an Internal Revenue Service Release.
4. myFreelance Fees
(A) Membership Fee
myFreelance.co.za does not have any membership fees, however future membership fees will be listed in our pricing guide, and these Terms and Conditions will be updated accordingly.
(B) Service Fees
myFreelance.co.za may deduct one or more of the following fees, as applicable, from payments made by Buyers to Sellers:
Job Fee: myFreelance.co.za charges all Sellers a Job Fee. The fee is deducted from the total amount paid by a Buyer for a Job as described in our pricing guide.
Buyer Payment Handling Fee: should any handling fees be applicable, it will be listed in our pricing guide.
Seller Transfer Method Fee: Listed in our pricing guide.
Arbitration Service Fee: Listed in our pricing guide.
User Withdraw Fee: When a User withdraws funds from their account there may be a withdrawal fee. See our pricing guide for more information.
(C) myFreelance.co.za reserve the right to change any fees associated with myFreelance.co.za at any time, at the sole discretion of myFreelance.co.za. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms and Conditions, at any time, we will not refund the membership fee already paid.
5. Billing and Payment Services
(A) myFreelance Invoice Service
The myFreelance Invoice Service enables Sellers to issue invoices and enables Buyers to make payments for services.
General: When a Seller delivers services to the Buyer, the Seller will complete the electronic invoice form (the “Invoice”) and submit it to myFreelance.co.za via the Website. A Seller must complete and submit an Invoice to myFreelance.co.za for each and every payment.
(B) PayFast/myFreelance.co.za? Service (dit moet e-wallet wees!)
The PayFast Service enables Users to transfer certain payment responsibilities to myFreelance.co.za.
General: At a User’s request, upon payment to myFreelance.co.za, by a Buyer for services to be rendered by a Seller, myFreelance.co.za will assume responsibility for the payment for such Seller’s services (less applicable Service Charge). myFreelance.co.za agrees not to pay Sellers for services until after the occurrence of a Buyer’s Acceptance of Services. You acknowledge that such funds will belong to myFreelance.co.za immediately upon such funds being transferred to myFreelance.co.za by you. However, myFreelance.co.za agrees to refund such funds to Buyer in the event that (a) a Seller acknowledges that services have not been completed or (b) Buyer and Seller have concluded the process comprising the Arbitration Service with a result indicating that Buyer is the rightful recipient of such funds. myFreelance.co.za agrees to keep both Buyer and Seller informed as to the status of the Assumed Payment Liability and if, for any reason, a party requests Arbitration Service regarding such status, will notify both parties that the matter will be addressed through the Arbitration Service.
FastPay Disputes: If a Buyer or Seller reasonably disputes the quality or completion of services provided by such Seller, then both Buyer and Seller agree that myFreelance.co.za shall have no payment obligations to any party related to relevant fees until such dispute is resolved in accordance with Section 6 below. myFreelance.co.za’s obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such Payment.
(C) Funds Transfer
General: To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms and Conditions. Notwithstanding any other provision of these Terms and Conditions, if myFreelance.co.za determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms and Conditions, myFreelance.co.za has the right to refuse to process such request.
Hold on Transfers: myFreelance.co.za reserves the right, at its sole discretion, to place a hold on requested transfers if myFreelance.co.za suspects funds may be subject to a charge back, bank reversal, failure to clear or fraud. myFreelance.co.za will release a hold as soon as practical.
(D) Legal Relationship
myFreelance.co.za is not your agent with respect to any funds that have been transferred to myFreelance.co.za for any Assumed Payment Liabilities.
Each Seller must properly discharge and credit a Buyer for all payments that myFreelance.co.za makes to such Seller in respect of services provided to such Buyers.
myFreelance.co.za acts as a payment provider by creating, hosting, maintaining, and providing the myFreelance Billing and Payment Services to you via the Internet. myFreelance.co.za does not have any control over the services invoiced or paid for with the myFreelance Billing and Payment Services. Additionally, myFreelance.co.za does not control whether a Buyer or Seller will actually complete the underlying transaction. myFreelance.co.za is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any work product produced by a Seller as a result of an awarded Job. Nothing in these Terms and Conditions will be deemed to constitute myFreelance.co.za as your agent with respect to any service purchased and sold by Registered Users through the Website, or expand or modify any warranty, liability or indemnity stated in these Terms and Conditions.
By using the myFreelance Billing and Payment Services, you expressly acknowledge that
myFreelance.co.za is not acting as a trustee or a fiduciary of Buyers or Sellers and that the myFreelance Billing and Payment Services are provided to Registered Users administratively;
myFreelance.co.za is not a “financial institution,” myFreelance Billing and Payment Services are payment services rather than banking services; (c) MYFREELANCE.CO.ZA IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH MYFREELANCE.CO.ZA ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
(E) Miscellaneous Payment Terms
Authorized Payments are Final: Your use of the myFreelance Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When a Buyer’s Acceptance of Services has occurred, (i) myFreelance.co.za shall have no further liability to any party with respect to Payment for such services, (ii) Buyer acknowledges that myFreelance.co.za has provided a complete service in respect of the payment made by Buyer for the Assumed Payment Liability or Invoice, as applicable and (iii) Buyer hereby releases myFreelance.co.za from any and all liability with respect to such Payment.
Fraudulent Transactions: Erroneous or Duplicate Transactions; Charge Backs. myFreelance.co.za reserves the right to seek reimbursement from you, and you will reimburse myFreelance.co.za, if myFreelance.co.za discovers a fraudulent transaction, erroneous or duplicate transaction, or if myFreelance.co.za receives a charge back or reversal from any Buyer’s credit card company, bank, or PayPal for any reason. You agree to and acknowledge myFreelance.co.za’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by myFreelance.co.za in an effort to investigate fraud. You agree that myFreelance.co.za has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.
Currency: The myFreelance Billing and Payment Services operate in South African Rand and therefore myFreelance.co.za is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than South African Rands, nor is myFreelance.co.za responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account or PayPal account.
Exclusivity and Non-Circumvention: Buyers agree to use the myFreelance Billing and Payment Services to make all payments to Sellers, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the myFreelance Billing and Payment Services or any associated fees. As a Seller, you agree to use myFreelance Billing and Payment Services to receive all payments from Buyers identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the myFreelance Billing and Payment Services or any associated fees.
Notification: As a Buyer, you agree to notify myFreelance.co.za immediately if your Seller solicits payment from you outside the Website. As a Seller, you agree to notify myFreelance.co.za immediately if your Buyer seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the myFreelance Billing and Payment Services, please submit a confidential report to myFreelance.co.za by using the contact us page.
Agreement to Pay: If, for any reason, myFreelance.co.za does not receive payment for any amounts that you have authorized to be paid through your use of the myFreelance Billing and Payment Services, you agree to pay such amount immediately upon demand by myFreelance.co.za. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by myFreelance.co.za in collecting from you the authorized but unpaid amount. In such case, myFreelance.co.za may, at its option, stop processing any further payments made by you and apply any amounts then held by myFreelance.co.za on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the myFreelance Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
6. Arbitration Service
myFreelance.co.za offers the Arbitration Service to those Registered Users that have funds in their myFreelance E-Wallet and requested myFreelance.co.za to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Job that is (i) Pursuant to a Job posting by a Buyer through the Website, (ii) Pursuant to a Quote for by a Seller through the Website for such Job posting and (iii) Pursuant to an acceptance through the Website by the Buyer for such Quote. Buyer and Seller agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 6.
Arbitration: In any case where the Buyer and a Seller cannot mutually agree on the distribution of the funds in SafePay/E-Wallet, you expressly agree to and acknowledge that myFreelance.co.za or a third party chosen by myFreelance.co.za will arbitrate the dispute in accordance with these Terms and Conditions and the Website.
You acknowledge and agree that myFreelance.co.za will construe any Job Agreement based on the transaction’s course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Job Agreement, (ii) the parties’ course of dealings, as evidenced by activity on or communications through the Website, (iii) the Job itself and (iv) any information or communication that the Buyer and the Seller submit for review.
myFreelance.co.za shall aim to render its decision within seven (7) days of the Arbitration being opened. During this time, you are encouraged to continue to negotiate an amicable settlement with each other.
You agree that the decision of myFreelance.co.za, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator’s decision.
In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Job that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Job in your possession and destroy any electronic copies that you have.
You agree and acknowledge that (i) myFreelance.co.za will use the e-mail address corresponding with your Account registered at the time Arbitration is opened to notify and communicate with you with regard the Arbitration and (ii) you are solely responsible for the receipt of any notification or communication sent by myFreelance.co.za using the e-mail address corresponding with your Account registered at the time Arbitration is opened.
You agree and acknowledge that (i) myFreelance.co.za is not providing legal services to you, (ii) myFreelance.co.za will not advise you regarding any legal matters and (iii) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on myFreelance.co.za for any such counsel. You agree to indemnify and hold harmless myFreelance.co.za and any of our affiliates against any damages or liability you may suffer as a result of using the Arbitration Service. If you do not agree to use this Arbitration Service under these terms, you should not request myFreelance.co.za to assume the Assumed Payment Liabilities.
8. Term; Termination and Suspension
These Terms and Conditions shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or myFreelance.co.za as provided for under the terms of this section.
Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms and Conditions at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) myFreelance.co.za shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) You shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to myFreelance.co.za for any service and to any Seller for any services.
Any termination of an Account will automatically lead to the termination of all related profiles.
Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms and Conditions or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for myFreelance.co.za or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
In addition, violations of these Terms and Conditions may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the myFreelance Billing and Payment Services or otherwise reduce fees owed myFreelance.co.za under these Terms and Conditions, you must pay myFreelance.co.za for all fees owed to myFreelance.co.za and reimburse myFreelance.co.za for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
9. Privacy and Confidentiality
10. Intellectual Property
(A) myFreelance.co.za Content
Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms and Conditions and the myFreelance.co.za IP Policy. It is your responsibility to review the myFreelance.co.za IP Policy, which is incorporated by reference, and we suggest that you review the IP Policy and print a copy for yourself. The IP Policy is posted on the Website and may be updated from time to time.
(B) Registered User Content
You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content”), (b) any posting or listing made in any public message area, through any email feature or through myFreelance.co.za’s feedback feature (collectively, “”>Non-Multimedia Content”) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content”). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
You hereby assign to myFreelance.co.za your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing myFreelance.co.za products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
(C) Removal of Content for which Copyright Infringement Is Claimed
Pursuant to 17 USC. Â§ 512 as amended by Title II of the Digital Millennium Copyright Act, myFreelance.co.za has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a User of the Website, please fill out a Notice of Infringement form and fax it to myFreelance.co.za Copyright Infringement Notices at 0000000.
The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. Â§ 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at such website.
Identification of the material that is claimed 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 reasonably sufficient to permit the Freelancer to locate the material.
Information reasonably sufficient to permit the Freelancer to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Additionally, you are required to provide a Notice of Infringement form each time you wish to report alleged acts of infringement and fax it to the number provided above.
11. Representations, Disclaimers, Limitations and Exclusions
(A) Registered User Representations and Warranties
All Registered Users represent, warrant, and agree:
not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
to be fully responsible and liable for any action of any user who uses your Account.
not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
not to allow any third party who is not authorized to do so to use your Account at any time.
not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
not to intercept or expropriate any system, data or personal information from the Website.
not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
that they will not use the Website or its services to defraud or mislead any person or entity, including without limitation myFreelance.co.za or any Register User.
that they will not use the Website to violate any law or regulation of South Africa or any international law or treaty.
that they are not a resident national of, or, an entity located in any country subject to economic sanctions imposed by the government of South Africa.
that they will not use the Website in connection with any “prohibited transaction.”
(B) Warranty Disclaimer
THE SERVICES PROVIDED BY MYFREELANCE.CO.ZA OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(C) Limitation of Liability
IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) R100 OR (B) THE AGGREGATE AMOUNT OF FUNDS ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
(D) General Release
If you have a dispute with another Registered User, you release myFreelance.co.za (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
(E) State Specific Release – Removed
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE Â§1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, hold harmless and indemnify myFreelance.co.za from and against any and all losses, costs, expenses, damages or other liabilities incurred by myFreelance.co.za from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against myFreelance.co.za: (1) in connection with your use of the Services including any payment obligations incurred through use of the myFreelance Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms and Conditions; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Seller; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Seller. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
The Website may contain links to third-party websites not under the control or operation of myFreelance.co.za. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
You are responsible for the creation, storage, and backup of your business records. These Terms and Conditions and any registration for or subsequent use of this Website will not be construed as creating any responsibility on myFreelance.co.za’s part to store, backup, retain, or grant access to any information or data for any period.
12. Miscellaneous Terms and Conditions
(A) Compliance with Law
You are responsible for compliance with applicable South African and international laws, regulations and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
(B) Modification and Waiver
myFreelance.co.za will not be considered to have modified or waived any of our rights or remedies under these Terms and Conditions unless the modification or waiver is in writing and signed by an authorized representative of myFreelance.co.za. No delay or omission by myFreelance.co.za in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(D) Assignment or Transfer
You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms and Conditions to anyone without the express written permission of myFreelance.co.za, and any attempt to do so will be null and void. myFreelance.co.za may assign these Terms and Conditions in its sole discretion.
(E) State Specific Legal Notice – Removed
Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: myFreelance.co.za, located in blah location, is the provider of the electronic commercial service on the Website. Registered Users are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at location or by calling 0000000. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact myFreelance.co.za to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at SET EMAIL.
(F) Force Majeure
Except for the payment of fees to myFreelance.co.za, neither of the parties to these Terms and Conditions shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
All notices required or permitted to be given under these Terms and Conditions, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing. If to myFreelance.co.za ADD COMPANY ADDRESS If to Registered User: To the address associated with Registered User’s access or login information.
All notices required or permitted to be given under these Terms and Conditions, shall be deemed to have been duly given via electronic mail.
(H) Headings and Labels.
The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.
These Terms and Conditions and all documents referenced in these Terms and Conditions (including the policies listed and available by hyperlink) comprise the entire agreement between you and myFreelance.co.za with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.
Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 will survive any termination of these Terms and Conditions for any reason.