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Billing and Payment Service
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Updated June 5, 2009 Return to Site Policies |
INTRODUCTION
The Elance Billing and Payment Service (“Payment Service”) enables Providers to issue invoices and enables Clients to make payments for services. When Client makes a payment through the Payment Service, Elance deducts the appropriate Service Fee and Payment Processing Fee due Elance as described on the Site. The Payment Service is intended for business use, so you agree to use the Payment Service primarily for business, and not primarily for personal, family, or household purposes.
MANDATORY USE OF BILLING AND PAYMENT SERVICE
As a Client, you agree to use the Payment Service to make all payments to a Provider, for a period of one year after you identify the Provider through the Site, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the Elance Service Fee. You may opt out of the foregoing obligation for any Provider you identify, if you pay Elance an Opt-Out Fee for such Provider as provided below.
As a Provider, you agree to use the Payment Service to receive all payments from a Client for a period of one year after you identify the Client through the Site, whether first-time, repeat, or follow-on ("First-Year Payments"). In addition, you acknowledge and agree that a Client is not obligated to pay any invoice to you unless you originated that invoice through the Payment Service. If Elance notifies you that your Client has paid Elance an Opt-Out Fee, the foregoing obligations will not apply for your work with that Client.
OPT-OUT FEE
A Client and Provider are not required to use the Payment Service only if the Client pays Elance a fee in the amount of $750 (“Opt-Out Fee”) for identifying the Provider through the Site. The Client may elect to pay the Opt-Out Fee at any time. Once the Client pays the Opt-Out Fee, the Client and the Provider may request, make, and accept payments outside the Site for any work they do together thereafter. You must contact Elance by sending an email to us at the following email address: optoutfee (at) elance.com for instructions on how to pay an Opt-Out Fee.
If a Client does not use the Payment Service to make all First-Year Payments to a Provider as agreed above, and fails to pay the Opt-Out Fee, then the Client agrees that it is liable and will pay to Elance the greater of: (a) $750 or (b) the amount of all Service Fees that Elance would earn or would have earned on all First-Year Payments, and in either case plus interest at the rate of 18% per annum or the maximum rate permitted by applicable law, whichever is less, calculated from the date the Client first makes payment to the Provider identified through the Site.
NON-CIRCUMVENTION OF PAYMENT SERVICE
You agree not to circumvent the Payment Service. Prohibited acts include (but are not limited to) the following:
- Submitting proposals or soliciting Clients identified on the Site to contact, hire, manage or pay outside the Site.
- Accepting proposals from or soliciting Providers identified on the Site to contact, deliver Provider Services, invoice, or receive payment outside the Site.
- Invoicing or reporting on the Site an invoice or payment amount different than that agreed between Client and Provider.
As a Client, you agree to notify Elance immediately if your Provider solicits payment from you outside the Site. As a Provider, you agree to notify Elance immediately if your Client seeks to pay you outside the Site. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the Payment Service, please submit a confidential report to Elance by sending an email to us at the following email address: policy (at) elance.com.
LEGAL NATURE OF PAYMENT SERVICE
When you use the Payment Service to bill for or pay service fees, Elance acts as your agent based upon your direction and your requirements to perform tasks on your behalf. Elance holds your Account funds separate from its corporate operating accounts, and will not voluntarily make your funds available to its creditors in the event of a bankruptcy or for any other purpose.
ELANCE IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS. You will not receive interest or other earnings on the funds in your Account. Elance may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking services or other compensation in respect of any balances in Accounts.
By initiating invoices and sending payments through the Payment Service or adding funds to your Account, you appoint Elance as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and conditions of this Billing and Payment Service Policy and the Elance Terms of Service. Each Provider must properly discharge and credit Clients for all payments that Elance receives through the Payment Service from such Clients.
No Responsibility for Provider Services or Client Payments
Elance acts as a payment provider by creating, hosting, maintaining, and providing the Payment Service to you via the Internet. Elance does not have any control over the Provider Services invoiced or paid for with the Payment Service, nor whether a Client or Provider you are dealing with will actually complete the transaction. Nothing in the Payment Service will be deemed to constitute Elance your agent with respect to any Provider Services purchased and sold by Users through the Site, or expand or modify any warranty, liability or indemnity stated in these Terms of Service.
Disputes Between Clients and Providers
Any disputes in connection with services provided by Providers or payments made by Clients remain between such Clients and Providers. By using the Payment Service, you agree to follow the Dispute Resolution Process. You further acknowledge that Elance will not be a party to any such dispute. Elance will attempt to take the actions set forth in the Dispute Resolution Process, but Elance will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute. Elance may, at its sole discretion, and in the case of Escrow Jobs may be required to, withhold or delay payment or continue to hold amounts in Escrow or make payment or release funds in Escrow, in the event of dispute between a Client and a Provider.
HOW TO BILL FOR SERVICES USING THE PAYMENT SERVICE
To request payment from a Client using the Payment Service, Provider must follow the instructions and Payment Service links on the Site and provide the information requested. By requesting payment, Provider authorizes Elance to bill such Client and receive payments from the Client on Provider's behalf in the amounts stated on the applicable Payment Service Web page.
When Provider requests payment from a Client, such request is: (1) Provider's representation that it has completed the applicable Provider Services fully and satisfactorily, and (2) Provider's irrevocable instruction to Elance to invoice and accept payment from the Client on Provider's behalf. Once Elance has charged the Client, if the Client's credit card company, bank, or PayPal charges back any amount to Elance for any reason, Provider hereby agrees to repay Elance for such amounts, plus reasonable attorney fees and costs of collection.
HOW TO PAY FOR SERVICES USING THE PAYMENT SERVICE
To pay a Provider using the Payment Service, Client must follow the instructions and links on the Site and provide the information requested. Client must be a Member that holds a valid credit card issued by a bank acceptable to Elance or a Member that holds a Verified PayPal account. Unless Client has a balance in their Account, Elance will charge the Client's credit card, bank account, or PayPal for the necessary amount. By providing Elance with credit card or bank account information, Client authorizes Elance to charge such credit card or bank account for the amounts stated on the applicable Payment Service Web page.
When Client instructs Elance to pay a Provider using the Payment Service, such instruction is: (1) Client's representation that it has inspected the work and the Provider has completed the applicable Provider Services fully and satisfactorily; (2) Client's final acceptance of the Provider Services; and (3) Client's irrevocable instruction to Elance to pay the Provider. Once Elance has paid funds to the Provider, Client agrees NOT to ask its credit card company or bank to charge back any amount to Elance for any reason. If Client does so, Client hereby agrees to repay Elance for such amounts, plus reasonable attorney fees and costs of collection.
MISCELLANEOUS PAYMENT SERVICE TERMS
Authorized Payments are Final
Your use of the Payment Service constitutes your agreement to pay for any amounts which you authorize us to charge against your Account and, as appropriate, your credit card, bank account, or PayPal. Such payments, once authorized, are final.
Erroneous or Duplicate Transactions; Charge Backs
Elance reserves the right to seek reimbursement from you, and you will reimburse Elance, if Elance discovers erroneous or duplicate transactions, or Elance receives a charge back from any Client's credit card company, bank, or PayPal for any reason. You agree that Elance has the right to obtain such reimbursement by charging your Account, deducting amounts from future payments or withdrawals, charging your credit card, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of charge backs is cause for termination of your Account.
Currency
The Payment Service operates in US Dollars and therefore Elance is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is Elance responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your Account. Payments made to Elance in currency other than US Dollars may take up to eight weeks to process, depending on relationships among the banking and payment systems between the two countries. Consequently, balance adjustments may be delayed.
Withdrawal of Funds
To withdraw funds from your Account, you must request such funds using any of the withdrawal methods available on the Site. Any such requests shall be subject to the conditions and restrictions contained on the Site and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if Elance determines in its sole discretion that a Member has violated the conditions and restrictions of the Site or Terms of Service, Elance has the right to refuse to process the withdrawal.
Hold on Account Funds
Elance will make funds deposited in your Account generally available for you to use or withdraw. Elance reserves the right, at its sole discretion, to place a hold on funds for Client payments to clear, or if Elance suspects monies may be subject to charge back or if fraud is suspected. Elance will release a hold as soon as practical.
Agreement to Pay
If, for any reason, Elance does not receive payment for any amounts that you have authorized to be paid through your use of the Payment Service or other Elance Services, you agree to pay such amount immediately upon demand by Elance. You also agree to pay any interest charges, attorneys' fees and other costs of collection incurred by Elance in collecting from you the authorized but unpaid amount. In such case, Elance may, at its option, stop processing any further payments made by you and apply any amounts then held by Elance on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Payment Service or other Elance Service. 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.
Inactive Accounts; Abandoned Accounts
For purposes of determining Inactive Account status and Abandoned Account status, "activity" means payment of subscription fees, payment or receipt of Job fees, or actions under the Dispute Resolution Process.
Inactive Accounts. Effective July 1, 2009, if your Account has a balance, but has had no activity for at least six consecutive months, your Account will be placed on “Inactive” status. Elance will notify you that your Account is Inactive by sending an email to your registered email address and give you the option of keeping your Account open and maintaining the balance or withdrawing the balance. If your account has no activity within thirty days after such notice, Elance will automatically deduct an Inactive Account Fee of $5 per month thereafter, to recover administrative costs and costs of holding funds. Elance will send monthly notices of such fees to your registered contact information.
Abandoned Accounts. Effective July 1, 2009, if your Account has a balance, but it has had no activity for at least 18 consecutive months or has been on Inactive status for at least 12 consecutive months, Elance will automatically close your Account and attempt to either (a) wire transfer the entire Account balance to your registered bank account or (b) mail a check in the amount of your entire Account balance to your registered mailing address. If those attempts fail, the Account balance may escheat to the State of California.
Questions
If you have any questions, suggestions or reports of problems regarding the Payment Service, please contact Customer Support.
General Escrow Instructions |
Updated June 5, 2009 Return to Site Policies |
These General Escrow Instructions govern an Escrow established by Client and Provider pursuant to the Terms they have jointly agreed to on the Site. The “Escrow Instructions” are comprised of these General Escrow Instructions, the Elance Terms of Service, and such Terms. Client and Provider are deemed to have executed the Escrow Instructions pursuant to the federal Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. Sec. 7001, et seq.), by clicking to accept the Terms or clicking to fund Escrow at the Site, and doing so constitutes an acknowledgement that you are able to electronically receive, download, and print the Escrow Instructions. By clicking to accept an Escrow Job, Client has agreed automatically to the Escrow Instructions effective when Provider clicks to Accept the Job. By clicking to Accept an Escrow Job, Provider has agreed automatically to the Escrow Instructions. All references to the Escrow in these General Escrow Instructions will include the initial Funding Approval and any additional Funding Approval for the Job.
The direct provider of the escrow services pursuant to the Escrow Instructions is Elance Escrow Corporation, a Delaware corporation (“EEC”). EEC is a wholly-owned corporate subsidiary of Elance. EEC is licensed as an Escrow Agent by the Department of Corporations, State of California, License No. 963 5086. Client and Provider hereby employ, authorize, and instruct EEC to act as Escrow Holder and Escrow Agent in connection with the applicable Job to provide for the retention, administration, and controlled release of the escrowed funds in accordance with the Terms and subject to and conditioned on the Escrow Instructions. You authorize EEC to disburse to Elance amounts released from Escrow pursuant to the Escrow Instructions in payment of Service Fees payable to Elance pursuant to the Elance Terms of Service.
Throughout these General Escrow Instructions, the terms “Elance,” “us,” and “we” are intended to mean both EEC and Elance unless the context otherwise requires.
FUNDING ESCROW
When Client Submits a Funding Approval on the Site, Client irrevocably authorizes Elance to use the Payment Service to charge Client's Account and, as appropriate, Client's credit card, bank, or PayPal in the amount of the applicable Funding Approval, and deposit any amounts collected thereby into an Escrow Account for the Job. If Elance cannot collect such amount for any reason, Elance has no obligation with respect to the creation or funding of the Escrow or any addition to such Escrow. Unless and until Client submits the initial Funding Approval with Elance, Elance has no obligation with respect to the Escrow. OTHER THAN CHARGING CLIENT'S ACCOUNT AND, AS APPROPRIATE, CLIENT'S CREDIT CARD, BANK, OR PAYPAL, ELANCE HAS NO OBLIGATION WITH RESPECT TO THE CREATION OR FUNDING OF THE ESCROW OR ANY ADDITION TO SUCH ESCROW.
Client's Submission of Funding Approval for an Escrow constitutes Client's agreement to pay the amounts that Client authorizes Elance to charge against Client's Account and, as appropriate, Client's credit card, bank, or PayPal. Such payments, once authorized, are final, and Elance will release amounts in the Escrow only pursuant to the Escrow Instructions.
USE OF FUNDS IN ESCROW ACCOUNT
Elance uses funds deposited in the Escrow Account only in accordance with the Escrow Instructions. Elance will not voluntarily make funds deposited in the Escrow account available to its creditors in the event of a bankruptcy or for any other purpose. These General Escrow Instructions are supplementary to the Terms, the Elance Terms of Service, and to any other agreement between Client and Provider concerning the Job, as provided in 11 United States [Bankruptcy] Code, Section 365(n).
ESCROW ACCOUNT DEPOSIT
Elance deposits and maintains all funds in the Escrow Account in a bank insured by the Federal Deposit Insurance Corporation and approved to receive escrow funds under applicable laws and regulations. You agree that you will not receive interest or other earnings on the funds in the Escrow Account. Elance may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking services or other compensation in respect of any balances in Escrow Accounts.
ESCROW STATUS
Client and Provider may access current information regarding the status of the Escrow on the Site.
RELEASE AND DELIVERY OF AMOUNTS IN ESCROW
Elance is authorized to and will release applicable portions of the Escrow Account (each portion a "Release") to Provider or Client only pursuant to one or more Release Conditions provided below. Provider and Client authorize Elance to use the Payment Service to deliver the amount of any Release, and to withhold from Provider those amounts Elance is entitled to withhold pursuant to the Payment Service.
Release Conditions
As used in these General Escrow Instructions, "Release Conditions" means any of the following:
- Client's or Provider's Approval of a Release request on the Site
- Client's or Provider's failure to timely upload to the Site Contrary Instructions pursuant to the Dispute Resolution Policy below
- Client's and Provider's delivery of joint written instructions to Elance
- Client's or Provider's failure to submit to binding arbitration requested by the other pursuant to the Dispute Resolution Process
- Client and Provider have failed to initiate arbitration for an unresolved dispute by the Limitations Date in accordance with the Dispute Resolution Process
- An Escrow Account has no activity for six consecutive months after the scheduled Job completion date
- The final binding determination of an arbitrator from which appeal is not taken
- The final binding order of a court from which appeal is not taken
Service Fees; Payment Processing Fees
When Client pays or releases escrow funds to a Provider through the Site, Elance deducts certain Service Fees and Payment Processing Fees, as described in Fees.
ESCROW DISPUTES
For six months after the Breach Date applicable to any dispute arising between Client and Provider regarding an Escrow (excluding disputes involving claims for injunctive or other equitable relief), the Client and Provider will pursue resolution of the dispute in accordance with the Dispute Resolution Process:
Escrow During Dispute Resolution Process
During the Dispute Resolution Process, Elance will continue to hold the Escrow without Release pending a Release Condition.
RELEASE OF ESCROW ACCOUNT
Upon any Release, the Escrow will terminate as it relates to the portion of the Escrow Account so released. Upon Release of Escrow funds for the final milestone the entire Escrow Account will terminate.
Releases are Final
Your approval of a Release of any amount in the Escrow Account constitutes your agreement to release such amounts from the Escrow. Any such release is final.
ESCROW AGENT DUTIES
Elance undertakes to perform only such duties as are expressly set forth in the Escrow Instructions and no other or further duties will be implied. Elance has no liability under and no duty to inquire as to the provisions of any agreement other than the Terms and the Escrow Instructions. Elance will be under no duty to inquire into or investigate any agreement or communication between Client and Provider, even if uploaded to the Site. Elance has the right to rely upon, and will not be liable for acting or refraining from acting upon, any written notice, instruction or request furnished to it in accordance with these General Escrow Instructions, if Elance reasonably believes that such notice, instruction, or request is genuine and that it is signed or presented by the proper party or parties. Elance has no duty to inquire into or investigate the validity, accuracy or content of any such document. Elance has no duty to solicit any payments or Releases which may be due to or from any Escrow Account. Elance may execute any of its powers and perform any of its duties under the Escrow Instructions directly or through agents or attorneys (and will be liable only for the careful selection of any such agent or attorney) and may consult with counsel, accountants and other skilled persons to be selected and retained by it. Elance will not be liable for anything done, suffered or omitted in good faith by it in accordance with the advice or opinion of any such counsel, accountants or other skilled persons. If Elance is uncertain as to its duties or rights hereunder or receives instructions, claims or demands from any party hereto which, in its opinion, conflict with any of the provisions of the Escrow Instructions, Elance will be entitled to refrain from taking any action and its sole obligation will be to keep safely all property held in Escrow until it is directed otherwise in writing by Client and Provider or by a final order or judgment of an arbitrator or court of competent jurisdiction.
ESCROW AGENT RIGHTS
Elance has the right in its sole discretion but not the obligation to institute Arbitration in accordance with the foregoing, or to institute any other legal proceedings including depositing funds held in Escrow with a court of competent jurisdiction, to resolve any dispute between Client and Provider related to an Escrow. Any provision of these General Escrow Instructions to the contrary notwithstanding, and regardless whether Elance is identified as a party in interest in any dispute, arbitration or other legal proceeding, nothing herein will be construed to limit Elance’s legal and equitable rights, including but not limited to depositing funds held in Escrow with a court of competent jurisdiction. In case of fraud, Elance has the right to Release funds held in Escrow to the defrauded party. Any corporation or association into which Elance may be merged or converted or with which it may be consolidated, or any corporation or association to which all or substantially all the escrow business of Elance may be transferred, will succeed to all the rights and obligations of Elance as escrow agent under these General Escrow Instructions without further act.
TERM AND TERMINATION OF ESCROW
The Escrow will terminate automatically upon Release of all funds in the Escrow Account. Elance reserves the right to terminate the Escrow, for any reason, by providing Client and Provider 20 days written notice.
Survival of Terms Following Termination
Upon termination of the Escrow, the remaining provisions of the Elance Terms of Service will survive, including, without limitation, obligations to pay Elance any amounts, provisions concerning dispute resolution, limitation of liability, and indemnification obligations.
MISCELLANEOUS ESCROW TERMS AND CONDITIONS
Notice of Requested Order
If Provider or Client intends to obtain an order from any arbitrator or any court, which order might direct Elance to take, or refrain from taking any action with respect to the Escrow, that party will: (1) give Elance at least five business days prior notice of the hearing; (2) include in any such order a provision that, as a precondition to Elance's obligation, Elance be paid in full for any amounts to which Elance would otherwise be entitled; and (3) be paid for the reasonable value of the services to be rendered pursuant to such order.
No Third-Party Rights
The Escrow Instructions are intended solely for the benefit of Client, Provider, Elance, and their respective permitted successors and assigns, and no other person or entity has or acquires any right by virtue of the Escrow Instructions unless otherwise expressly agreed to in writing by Client, Provider, and Elance.
Dormant Escrow Accounts
Effective July 1, 2009, if an Escrow Account has a balance, but has had no activity for six consecutive months after the scheduled Job completion date, then Provider will be deemed to have instructed Elance, and Elance will, Release the entire Escrow Account balance to the Client and close the Escrow Account. In that case, Elance will deduct an escrow fee of $25 or 2.75% of the amount of the Release, whichever is greater, to recover any banking, payment processing, and administrative costs and other costs of holding funds. For purposes of determining dormant status, “activity” means business term or milestone updates, Escrow Funding, Escrow Release, Job Cancellation requests, or actions under the Dispute Resolution Process.
Successors and Assigns
These General Escrow Instructions are binding upon and inure to the benefit of the successors and assigns of Client, Provider, and Elance. However, Elance has no obligation in performing the Escrow Instructions, to recognize any successor or assign of Client or Provider unless Elance receives clear, authoritative, and conclusive written evidence of the change of such parties.
Privacy Policy |
Updated: June 5, 2009 Return to Site Policies |
Please view our Privacy Policy at http://www.elance.com/p/help/tos/privacy.html
Copyright Policy |
Updated: June 5, 2009 Return to Site Policies |
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT IS CLAIMED
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act, Elance 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 Site Services available at the domain and sub-domains of www.elance.com, please fill out a Notice of Infringement form and fax it to Elance Copyright Infringement Notices at 650-316-7501.
The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a Provider 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 Site are covered by a single notification, a representative list of such works at that Site.
- 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 Provider to locate the material.
- Information reasonably sufficient to permit the Provider 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.
Please provide a Notice of Infringement form each time you wish to report alleged acts of infringement and fax it to the number provided.
Site Usage
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Updated: June 5, 2009 Return to Site Policies |
COMMUNICATION
Elance encourages detailed and professional communication between Clients and Providers throughf the Site. You are required to log onto the Site to manage Jobs and use the Workrooms to maintain an electronic record of all written communication including clarifications and agreements around scope, deliverables, milestones, timeframes, price, feedback on deliverables, requests for revisions, acceptance of deliverables and completion of milestones. You must transcribe into the Workroom all relevant emails, instant messages, telephone or in-person conversations between the Client and the Provider to maintain a record. If there is a dispute, all written communication on the Site, including Job posting, proposals, Terms, messages, and any communications transcribed to the Workroom will serve as the record for resolution of the dispute. A communication that is not saved in or copied to the Workroom cannot be submitted as evidence in the Elance Dispute Resolution process after a dispute is reported.
Elance provides a designated space in the Provider profile to enter email address, telephone number and instant message IDs. Providers must not enter contact information or solicit private communications in public messages, in proposal comments, in Job descriptions, or sections of their Elance profile outside of the designated Contact Information fields.
POSTING INFORMATION AND CONTENT
You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting a request for Provider Services, providing a proposal for a posted Job, posting your profile and providing feedback). You agree to update such information whenever it changes. You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Clients, Providers, Elance or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Clients, Providers, Elance or any third party as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Elance Site. Under federal law (specifically, the Communications Decency Act of 1996), Elance is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. Elance is not responsible for and does not monitor or censor content for accuracy or reliability. Elance reserves the right to remove or restrict access to any information, content or Job posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if Elance considers such information or content to be in violation of the Elance Terms of Service.
POSTING JOBS
As a Client, when posting Jobs and hiring Providers, you agree to the following guidelines:
- Post Jobs with clear scope, well-defined deliverables and required time frames. Do not hesitate to contact Customer Support for assistance with posting a Job.
- Answer clarifying questions from Providers and update the Job description.
- Accept a proposal only when it has a clear description of the work, well-defined deliverables and milestones, precise time frames and payment terms.
- Evaluate multiple proposals against criteria important to you, such as Provider's work experience, education, portfolio, certifications, references, feedback from prior Clients, location, communication style and cost.
- Ask the Provider to utilize the Terms feature on the Site to define key milestones and payment schedules.
- Ask for the Provider's office hours and standard response times.
- Once you have hired for your Job, log onto the Site to manage the Job and use the Workroom as described in the section entitled "Communication."
PROHIBITED JOB POSTINGS
You agree NOT to do any of the following when you post a Job or transmit information on the Site:
- Post any Job, submit any proposal, or otherwise use Elance to transmit any content or conduct any transaction that would violate any applicable law or regulation in the U.S. and any other country.
- Post any Jobs that are fake, posted without the intention to hire or complete the Job or posted only to receive pricing information.
- Post any Jobs that offer commission or equity compensation.
- Post any Jobs that request free services.
- Post any Job, proposal, deliverable or transmit any content that infringes a third party's intellectual property rights, license rights, the terms and conditions of use of such third party's Web site or copyrighted materials or such third party's rights of publicity or privacy.
- Post any Job, proposal, or deliverable or transmit any content related to or containing any adult or sexually explicit material.
- Post Jobs related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.
- Post any Job, submit any proposal that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work, for example, by passing off the skills, ideas or words of another as one's own; using another's production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.
PROHIBITED SITE ACTIVITIES
You agree NOT to do any of the following on the Site:
- Post false or misleading information about a product, service or service request.
- Post logos, seals or slogans from third parties on the Site unless such material is provided by Elance or an Elance partner, or you have received express written permission from Elance to display such third-party logo, seal or slogan.
- Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
- Post or transmit unprofessional or offensive comments about a User, Member, Provider, Client, Elance or any third party.
- Suggest or solicit another User to contact you directly in order to buy or sell services outside of Elance.
- Post or introduce software on the Site that: (i) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other software, firmware, hardware, computer system or network (sometimes referred to as "viruses" or "worms"); (ii) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time bombs," "time locks" or "drop dead" devices); (iii) would permit you or any other person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as "traps," "access codes," or "trap door" devices, or "spyware"); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.
- Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- Tamper with postings of other Users, Members or Elance.
- Solicit or gather any User's or Member's information available from the Site, such as other usernames and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.
- Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site.
- Use robots, spiders, scrapers or other automated means to access information in our Site for any purpose without express written permission from Elance.
- Frame or link to the Site except as permitted in writing by Elance.
- Impersonate or misrepresent your affiliation with any person or entity.
- Require or request that a Provider deliver a free mock-up or proof of concept as part of a proposal submission or as a condition to consideration of a proposal.
- Repeat any action after you receive warning or request to desist from Elance, whether or not that action is explicitly prohibited in the policies stated on the Site.
- Fail to respond to an email from Elance regarding violation, dispute or complaint within two business days.
- Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site.
- Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).
- Copy, modify or distribute content from the Site, except for your own information and use, without the prior express written permission from Elance.
- Select a Client or hire a Provider on the basis of religion, sex or race.
- Violate a request by Elance to not post Jobs deemed by Elance in its sole discretion to be contrary to the interests of the Site or the Elance User community.
PROVIDING SERVICES
Registering to Provide Services
If you wish to provide services through Elance, you must complete the Provider registration process, pass the Elance admission test, and select a membership program. You agree to provide true, accurate, complete information and to update such information to maintain its truthfulness, accuracy and completeness. For purposes of your Elance registration information, your true, accurate, complete location is the primary place from which your Provider Services are rendered. Misleading information about your location is not allowed on Elance. At the beginning of your membership application, and from time to time thereafter, your Account may be subject to verification as well as editorial and feedback reviews. Elance can suspend or terminate your Account upon the discovery that any information you provided or posted is not true, accurate or complete, or as a result of other violations of the Elance Terms of Service.
Proposal Guidelines
As a Provider, you agree to follow these guidelines when you submit a proposal:
- Provide proposals only for Jobs that you are a good fit for and you can complete within the Client's time frames.
- Help the Client clarify his or her needs and fully develop the Job scope and deliverables.
- Write a specific, detailed proposal with clear scope, deliverables and milestones.
- Set expectations that you can meet or exceed.
- Specify payment terms that tie to the completion of milestones.
- Specify how change orders will be handled.
- Specify how warranty work will be handled.
- Submit an accurate proposal reflecting your understanding of the scope of the Job and the amount of time/effort you plan to commit in order to provide high Client satisfaction.
- Inform the Client of your office hours and committed response time.
- Submit a new proposal when needed to reflect any changes to price, delivery date or approach, prior to the end of the proposal period.
- Not submit unreasonably low proposal prices or test proposals. If you wish to submit a proposal but require more information about the Job, post a message in the Public Messages area to request more information, indicating your assumptions regarding the Job scope in your proposal and making explicit that you will update the proposal once you receive more information.
- Not submit proposals that are made with the intent to commit fraud.
- Not submit boilerplate, placeholder or generic proposals.
- Not offer your services in exchange for good feedback or for free.
Job Fulfillment Guidelines
You agree to the following Job fulfillment guidelines:
- Once you have been hired for a Job, log onto the Site to manage the Job and use the Workroom to maintain an electronic record of all written communication between you and the Client.
- Use the Workroom to record your understanding of the scope, deliverables, milestones, time frames, price, feedback, revisions, schedule changes, vacation, availability, delays, acceptance of deliverables and completion of milestones.
- Transcribe relevant emails, instant messages, telephone or in-person conversations between you and the Client into the Workroom to maintain a record of what is agreed.
- If there is a dispute, the data that you enter on the Site and the contents of the Workroom will constitute the sole and exclusive record of facts and evidence for resolution of the dispute.
- Inform the Client if a committed deliverable will be missed, offering an explanation and proposing a revised date.
- Inform the Client if you will be unavailable for more than one business day.
- If you are unable to complete the Job, alert Customer Support so that Elance is aware of the situation and can offer assistance to the Client.
- Respond promptly, within 1 business day, to all Job-related communication, whether from the Client or from Elance.
Audit Provisions and Record Keeping
For a period of one year after accepting each Job, you agree to keep and maintain complete and accurate records related to the Provider Services that you perform for your Client, including the service description, the proposal and payment terms, and information on all repeat or follow-on Provider Services performed for each Client originated on Elance. If questions arise regarding services rendered, work performed or fees due to Elance, you agree to provide copies of these records and other relevant documentation to Elance within 20 days of Elance’s request.
RATING AND FEEDBACK SYSTEM
Always leave objective balanced feedback about the Users with whom you have transacted. You acknowledge and agree that the Site contains public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that Elance may calculate a composite feedback number based on these individual ratings. Providers agree to be rated by Clients along several criteria, as determined by Elance. Elance provides its feedback and rating system as a means through which Users can express their opinions publicly, and Elance does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to Elance's attention. You may be held legally responsible for damages suffered by other Elance Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. Under federal law, Elance is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable.
You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
- Leaving feedback for yourself using a secondary username or another Member’s username.
- Leaving fake or inaccurate feedback for another User or Member.
- Soliciting other Elance Members to leave fake or inaccurate feedback.
- Threatening to leave negative feedback to induce another User or Member to perform a task not required by the Terms.
- Withholding deliverables or funds required by the Terms to induce another User or Member to leave positive feedback or no feedback.
- Feedback solicitation such as offering to sell or buy services in exchange for good feedback, trading feedback undeservedly or buying feedback.
In order to protect the integrity of the feedback system and protect Users from abuse, Elance will investigate and has the right (but is under no obligation) to remove posted feedback or information under the following scenarios:
- It seeks to elicit or solicit any User's contact information, such as other Users' email addresses, for any non-Elance related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters."
- It contains language that is profane, vulgar, racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will not be removed.
- It is shown to have been left by any User who is in violation of Elance's Eligibility requirements, or by or for a User who has conducted any fraudulent transaction.
- It is not directly related to transactions conducted through Elance.
- It makes any reference to actions taken or purported to be taken by Elance or any law enforcement organization.
- Elance is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the feedback or information posted is slanderous, libelous, defamatory or otherwise illegal.
- The User who posted the feedback or information provided Elance with false contact information during the transaction period (as verified by Elance) and cannot be contacted by Elance.
- The User who posted the feedback or information is participating in an Elance transaction with the intent of leaving feedback as part of a campaign to harass Elance member(s) (as verified by Elance).
- The User who posted the feedback or information informs Elance that it was intended for another User and posts the feedback or information for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact Customer Support to file a feedback review request.
Provider Membership Fees |
Updated: June 5, 2009 Return to Site Policies |
PROVIDER MEMBERSHIP PROGRAMS
Elance offers several Provider membership programs as detailed on the Site. Each membership program includes a certain number of "Connects." These Connects reserve monthly capacity on the Site for the Provider to list proposals for Jobs. If a Provider requires additional listings in a given month, the Provider has the option to buy additional Connects through the Site. Unused Connects expire at the end of each monthly membership period. Because Connects reserve capacity, unused Connects are not carried over into the next month.
Elance reserves the right to change membership fees, the monthly number of Connects included in the membership programs or the price for additional Connects or institute new fees at any time, upon reasonable notice posted in advance on this Site. No refunds of fees already paid will be given. If Elance exercises its right to cancel a membership at any time, Elance will not refund the membership fee already paid.
AUTOMATIC MEMBERSHIP RENEWAL
Provider membership fees can be paid by credit card, bank account, or PayPal, or through your Elance Account. The membership billing period begins on the date that Elance receives payment. Provider membership fees are calculated from the beginning of that billing period.
Elance automatically renews your Provider monthly membership and charges your default payment method. If your Account is set up to pay by credit card, bank account, or PayPal, you hereby authorize us to charge such credit card, bank account, or PayPal for the appropriate membership fees and amounts stated. If you are set up to pay via your Elance Account, Elance deducts the appropriate membership fee from the Account balance each month. Automatic renewal occurs on the first day after the expiration date. You can cancel by following the cancellation instructions listed below.
CHANGES TO MEMBERSHIP PROGRAM
If you upgrade your membership program, the unused portion of a lower membership fee will be credited toward the higher membership fee. The new billing period will then be based upon the date Elance receives payment of the new membership fee. Upgrading a membership or adding additional categories will result in a new billing date effective upon the date of payment of the additional fees and, if applicable, will result in a credit of the unused portion of the existing category membership fees. If you downgrade a membership, you will not receive a refund or credit for the fees already paid. The downgrade will go into effect at the beginning of the next billing period. Elance reserves the right to modify its membership programs at any time, upon a reasonable notice posted in advance on this Site.
Membership Cancellation Instructions
To cancel your membership, click on the "Membership Status" link, then the "Edit my Membership Plan" link, or contact Customer Support. Your cancellation request will be effective if received by 11:15 p.m. Pacific Time on the final day of your membership term. Elance will send you an email confirmation once your membership has been cancelled. You will not be liable for any additional membership fees after your cancellation is effective. Cancellation goes into effect at the end of the active billing period. In any notice of cancellation, you must include:
- Your full name, Elance username, phone number and address.
- Number of memberships you wish to cancel.
- Levels (i.e., Individual Professional, Small Business, Large Business).
- Categories you wish to cancel.
- Term (i.e., monthly, quarterly or annual) of each membership you would like to cancel.
- The last five digits of the payment method currently used for your Account (for your security, write only the last five digits; if you are paying with your Elance Account, please specify the last activity on your Elance Account).
- Only if you are canceling via fax or certified mail, a printout of your Membership Status page.
Please note that we will not be able to process cancellation requests unless all of the above information is provided. Memberships that expire or are converted to Free Memberships are subject to a monthly Account fee until remaining funds are removed or expire. Please consult the Site or contact Customer Support for the current fee level.
Dispute Resolution Process |
Updated: June 5, 2009 |
HOW TO AVOID DISPUTES
Disputes may arise due to miscommunication and can often be resolved amicably between the parties. Elance recommends the following steps to avoid disputes:
- Follow all rules and guidelines in the Site Usage Policy.
- Answer clarifying questions from your Clients or Providers and update the Job description and the proposal.
- Review the Sample Contracts posted on the Site for applicability to your situation, or obtain legal advice and upload a written agreement into the Workroom.
- Use the Terms and Change Order features found by logging onto the Site, to define key milestones and payment schedules.
- Ask for the other party’s office hours and standard response times.
- Maintain open lines of communication. Be clear about your expectations and check in frequently with the other party.
- Set milestone deliverables and use Escrow to fund each milestone and release funds when the milestone is complete.
- Document any changes to scope, timing or payment in writing, and utilize the Terms and Change Order feature to add all milestones and payment schedules.
WHAT IF I HAVE A DISPUTE WITH ANOTHER MEMBER?
If you have used the Site in accordance with the Elance Terms of Service and you have a dispute with another User ("Opposing Party"), the Dispute Resolution Process consists of three phases subject to limitation based on the type and status of Job in dispute:
- Member Resolution - Available on all Jobs.
- Elance Dispute Assistance - Available only for Escrow Jobs.
- Arbitration - Available only for Escrow Jobs.
Notice of Disputes Resolved. Any agreement resolving the dispute between you and the Opposing Party must be posted (and confirmed by both parties) as text or attachments onto the Workroom to allow Elance to maintain a record of the disposition of the matter.
Key Dates
For all disputes regardless of type and status of a Job in dispute, you must be aware of the following three key dates in any dispute:
"Breach Date" means the later of (1) the date on which the events causing the breach of your agreement with the other User first took place, and (2) the date on which you learned, or reasonably should have learned, about those events.
"Dispute Initiation Date" means the earlier of: (1) the date a Client or Provider uploads to the Workroom the completed "Dispute Notice Form" made available by Elance on the Dispute Resolution Help page or (2) the date a Client submits a Job Cancellation Form on the Site. You must upload your completed Dispute Notice Form to the Workroom or submit your Job Cancellation Form on the Site at least 15 days prior to the six month anniversary of the Breach Date (see the paragraphs entitled "Limitations Period" and "Arbitration for Escrow Jobs" below).
"Limitations Date" means the date six months following the Breach Date. You do not have a right to initiate a claim or cause of action or demand arbitration after the Limitations Date.
Limitations Period. The six-month anniversary of the Breach Date is the statute of limitations date or "Limitations Date." All claims must have a Dispute Initiation Date prior to the Limitations Date or the claim is barred. You do not have a right to initiate a claim or demand Arbitration after the Limitations Date. You must upload your completed Dispute Notice Form to the Workroom at least 15 days prior to the six-month anniversary of the Breach Date or you will not have the right to initiate a claim or demand arbitration, and your claim or cause of action will be barred (see the section entitled "Arbitration for Escrow Jobs" below).
Member Resolution for Non-Escrow Jobs
For non-Escrow Jobs, please upload to the Workroom a completed Dispute Notice Form as made available by Elance on the Dispute Resolution Help page (posting in the Workroom allows Elance to maintain a record of each party's positions in the dispute). You must allow the Opposing Party 15 days to respond and attempt to resolve the dispute with you, before you initiate any claim.
Member Resolution for Escrow Jobs
For Escrow Jobs, if Provider or Client requests an Escrow Release or a modification to the Terms due to changed circumstances imposed by the other party, and if the other party does not approve such Release or modification within five business days after such request was posted on the Site, then either (1) Provider or Client has the right to upload to the Workroom a completed Dispute Notice Form as made available by Elance on the Dispute Resolution Help page, or (2) Client has the right to submit a completed Job Cancellation Form on the Site, as the case may be.
Contrary Instructions. If Provider or Client uploads a completed Dispute Notice Form or Job Cancellation Form, the other party has three business days to respond in the Workroom with contrary instructions ("Contrary Instructions") before Provider or Client has the right to make a request to Elance for assistance. Contrary Instructions means a good faith written representation: (1) If by Client, that Client has not received all Milestone Deliverables required for a Release pursuant to the Terms, or (2) If by Provider, that Provider has delivered all Milestone Deliverables required for a Release.
Failure to Upload Contrary Instructions. If Client or Provider does not upload Contrary Instructions to the Site within three business days following Provider's or Client's original upload of the Dispute Notice Form or Job Cancellation Form, Provider or Client will notify Elance of such failure, Elance will then notify the Client or Provider and require a response. If Client or Provider does not respond to Elance within five business days of Elance's demand then Client and Provider will be deemed to have agreed to the Release sought in the Dispute Notice Form or the cancellation sought in the Job Cancellation Form, and either (1) Client and Provider will be deemed to have authorized and instructed Elance to, and Elance will, make the Release to the Provider or (2) Provider and Client will be deemed to have authorized Elance to, and Elance will, make the Release to the Client, as the case may be.
Response to Contrary Instructions. If Client or Provider timely uploads Contrary Instructions to the Site, the other party has the right within three business days to upload a good faith response. Then, Client and Provider have the right to upload and respond successively, with the goal of resolving in good faith any dispute and delivering joint written instructions to Elance concerning a Release. Client and Provider will not terminate such discussion and negotiation prior to the earlier to occur or delivery of joint written instructions to Elance concerning a Release, or the date 15 business days following the original upload of the Dispute Notice Form or Job Cancellation Form.
Elance Dispute Assistance for Escrow Jobs
If the Job is an Escrow Job, and if you upload the Dispute Notice Form to the Workroom or submitted the completed Job Cancellation Form but the Opposing Party does not respond within three business days, or if the Opposing Party responds but you cannot come to an agreement within an additional three business days after their response, then Elance will notify both the Opposing Party and you to try to re-establish communication between the two of you to encourage settlement of the dispute. If either party fails to respond to an email message from Elance regarding violation, dispute or complaint within two business days, Elance has the right to terminate that party's Job or Account. Elance is a neutral third party and has no further obligations. No Elance employee is authorized to make any recommendation or guaranty regarding the dispute.
By using the Site you agree that if for any reason the parties fail to agree on a resolution to the dispute within 15 days of the Dispute Initiation Date, then the provisions of the section below entitled “Arbitration for Escrow Jobs” will automatically apply.
Arbitration for Escrow Jobs
Arbitration. If the Job is an Escrow Job, if the dispute is not settled within 15 days after the Initiation Date, you agree that if either (a) there are funds in the Escrow Account or (b) it has been less than 30 days since the Release of Escrow Funds for any Milestone, then you and the Opposing Party (the "Dispute Parties") each has the right for 30 days following the Release of Escrow Funds for any Milestone, to demand binding, non-appearance-based arbitration to resolve the dispute ("Arbitration"). Any such Arbitration will be conducted by a neutral third-party dispute resolution service that Elance will choose and engage in its sole discretion ("Arbitrator"). If the Opposing Party demands Arbitration in accordance with the foregoing, you agree to submit to such Arbitration in accordance with the Elance Terms of Service. If the amount in dispute is less than $600, the Arbitrator must be a single arbitrator unless both parties request a panel of Arbitrators. If the amount in dispute is $600 or more, the Arbitrator must be a panel unless both parties request a single Arbitrator. You agree that in any such Arbitration: (a) each Dispute Party and Elance will pay one-third of the first $600 of the Arbitrator's fees; (b) each Dispute Party will pay one-half of any amount by which the Arbitrator's fees exceed $600; and (c) each Dispute Party will solely bear and pay any other costs it incurs related to the Arbitration. You hereby agree that Elance will charge your Account, or your credit card, bank account, or PayPal for the amount of the Arbitrator's fees owed by you in accordance with the foregoing.
If Provider or Client requests binding Arbitration ("Requesting Party"), the other party ("Responding Party") has three business days following receipt of notice from the Arbitrator to submit to such Arbitration. If Responding Party fails to submit to such Arbitration within three business days, Elance will promptly notify Responding Party of such failure and demand that Responding Party submit to such Arbitration within three more business days. If Responding Party fails to submit within three business days after Elance sends such notice, then: (1) Responding Party will be deemed to have agreed to the Release sought by the Requesting Party; (2) if the dispute involves funds held in Escrow, Responding Party will be deemed to have authorized Elance to, and Elance will, make the Release sought by the Requesting Party; and (3) Elance has the right to terminate or suspend the Responding Party's Account.
Failure to Arbitrate. If Provider or Client requests binding Arbitration (“Requesting Party”), the other party (“Responding Party”) has three business days following receipt of notice from the Arbitrator to submit to such Arbitration. If Responding Party fails to submit to such Arbitration within three business days, Elance will promptly notify Responding Party of such failure and demand that Responding Party submit to such Arbitration within three more business days. If Responding Party fails to submit within three business days after Elance sends such notice, then: (1) Responding Party will be deemed to have agreed to the Release sought by the Requesting Party; (2) Responding Party will be deemed to have authorized Elance to, and Elance will, make the Release sought by the Requesting Party; and (3) Elance has the right to terminate or suspend the Responding Party’s Account.
If both Provider and Client fail to request binding Arbitration for an unresolved dispute by the Limitations Date in accordance with the Dispute Resolution Process, then Provider will be deemed to have instructed Elance, and Elance will, make a Release to the Client. In that case, Elance will deduct an escrow fee of $25 or 2.75% of the amount of the Release, whichever is greater, to recover any banking, payment processing, and administrative costs and other costs of receiving and holding funds.
Reminders and Statute of Limitation. Elance will send periodic reminders to you and the Opposing Party (the "Dispute Parties") to remind you of the ongoing dispute and the need to resolve it prior to the Limitations Date. If the dispute has not been resolved and neither Dispute Party has demanded Arbitration by the Limitations Date, then (1) Provider will be deemed to have agreed to the Release sought by the Client; (2) if the dispute involves funds held in Escrow, Provider will be deemed to have authorized Elance to, and Elance will, make the Release sought by the Client; (3) Elance has the right to terminate or suspend either or both the Provider's and the Client's Account; and (4) any further claims or causes of action in such dispute will be forever barred. The Arbitrator has the power to determine whether the Breach Date entered into Elance's system is correct or if the Limitations Date should be extended or "tolled" due to your reasonable reliance on the Opposing Party's assurances that it would cure the breach.
Release of Escrowed Funds. If the Job in dispute involved Escrow and the Limitations Date has passed (based on the Breach Date in the Elance System): (1) Elance will send the Dispute Parties notice of its intent to release the funds, and (2) unless you give Elance notice, within 10 days after Elance's notice is sent, that you have claimed in the Arbitration that the Limitation Date has been "tolled" and that your claims are not barred, then: (3) Provider will be deemed to have agreed to the Release sought by the Client; (4) if the dispute involves funds held in Escrow, Provider will be deemed to have authorized Elance to, and Elance will release such funds. In that case, Elance will deduct an escrow fee of $25 or 2.75% of the amount of the Release, whichever is greater, to recover any banking, payment processing, and administrative costs and other costs of receiving and holding funds.
Arbitration Rules. The sole and exclusive evidence admissible in the Arbitration is the contents of the Workroom. Elance will provide to the Arbitrator access to information in the Workroom for the dispute. You agree to be responsible for ensuring that the Workroom contains all of your communications with the Opposing Party related to the dispute. The Dispute Parties must comply with the following rules: (a) the Arbitrator will specify whether the Arbitration will be conducted online, by telephone, or solely based on written submissions posted in the Workroom; (b) the Arbitration shall not involve any personal appearance by the Dispute Parties or witnesses unless otherwise mutually agreed by the Dispute Parties; and (c) any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. Before the Arbitrator renders its decision in the dispute, each of the Dispute Parties will be allowed to upload to the Workroom one last closing statement or argument for the Arbitrator related to the dispute.
Arbitration Award. Once there is an arbitration award, you must send an email to Elance with the case identification information, the usernames of the Dispute Parties and the name of the Job. Elance will then verify the award with Arbitrator.
Noncompliance and Abuse
Improperly Filed Claims. All claims between you and the Opposing Party must be resolved in accordance with the terms on this page. All claims filed or brought contrary to these terms shall be considered improperly filed. Should you file a claim contrary to these terms, the Opposing Party may recover attorneys' fees and costs up to $2,000, provided that the Opposing Party has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.
Abuse. If you initiate an excessive number of Arbitrations, Elance reserves the right to suspend or terminate your Account immediately upon giving notice to you. However, any disputes for any Jobs that existed prior to termination will be subject to the Elance Terms of Service.
Feedback Disputes
If you are involved in a dispute involving feedback, please refer to the Rating and Feedback System section in the Site Policies to find out in what circumstances Elance will consider removing feedback.
Referral Program |
Updated: June 5, 2009 |
The Referral Program details including Eligible Transactions and Referral Fees are described on the Referral Program Web pages on the Site. Elance reserves the right to modify or terminate the Referral Program at any time upon 30 days notice.
REFERRAL PROGRAM TERMS
Elance will provide each Member ("Referral Participant") with a referral identifier ("RID") upon acceptance of registration with Elance. Elance will pay the Referral Participant the specified referral fee upon completion of any Eligible Registration or Eligible Transaction, as such terms are defined below. "Eligible Registration" occurs when a username identified with a Referral Participant's RID successfully completes Elance's registration process and Elance in its sole discretion accepts such registration. Registrations that: (1) are not in good faith, or (2) involve a registrant that has previously registered with Elance at anytime, are NOT Eligible Registrations. "Eligible Transaction" means a bona fide transaction satisfying the requirements set forth on the Referral Program Web pages on the Site. The following transactions are NOT Eligible Transactions: (1) any transactions that do not arise from or are not connected with the Referral Participant's RID; (2) any transactions that involve a Client who previously purchased services through Elance; (3) any transactions that arise in connection with a pre-existing relationship between a Client and a Provider; (4) any transactions that arise in connection with a User's purchase of services for User's own use or for resale or commercial use of any kind, including but not limited to, orders for customers or on behalf of customers or orders for services to be used by the User or User's friends, relatives or associates in any manner; (5) any transactions which are not a bona fide arm's length transaction for the purchase of services; and (6) any transactions compensated separately under an Elance affiliate program. Site Users will be identified and linked to a Referral Participant's RID if they have clicked to the Site via a link tagged with that Referral Participant's RID. The Referral Participant is solely responsible for ensuring that links to Elance are correctly tagged with the RID Elance has provided to that Referral Participant.
REFERRAL FEES AND PAYMENT
We will pay a Referral Participant a "Referral Fee" for every Eligible Registration as a paid Provider on Elance and for each Eligible Transaction. Please consult with the Site for the current Referral Fees. Elance will track Eligible Registrations and Eligible Transactions and will make available to you reports summarizing such activity. The form, content and frequency of the reports may vary from time to time in Elance's sole discretion. Except as otherwise provided, Elance shall pay you Referral Fees that are owed, less any taxes or other amounts that Elance is required by law to withhold, within 30 days of each Eligible Registration and immediately upon payment of each Eligible Transaction. Payments shall be made directly into your Elance Account. All amounts shall be paid in US dollars. Elance reserves the right to investigate any suspicious, unprofessional or inappropriate registration or transactional activity. Elance also reserves the right to delay payment of any Referral Fees, at its sole discretion, while it conducts an investigation of such activity. If Elance, in its sole discretion, concludes that a particular registration or transaction was deceptive or did not qualify as an Eligible Registration or Eligible Transaction, respectively, you agree that Elance will not be obligated to pay any Referral Fees for such registration or transaction. If a service or registration upon which you have already been paid a Referral Fee is later charged back, cancelled within 30 days, breached, repudiated or rejected by a Client or Provider after payment and Elance is forced to remit fees, an amount equal to the Referral Fee for such service or registration shall be deducted from your Account.
Contacting Customer Support
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Updated June 5, 2009 Return to Site Policies |
If you wish to report a violation of Site Policies, have any questions or need assistance, please contact Elance Customer Support as follows:
Web Support: http://www.elance.com/service
Email: services@Elance.com
Phone: Mon-Fri, 8 a.m. - 5 p.m. Pacific Time: 1-877-4-ELANCE (1-877-435-2623)
Online Help Topics: http://www.elance.com/help
