This Terms of Service Agreement (the “Agreement”) is a contract between you (the “User”) and Ideal Connection Pty Ltd (Australian Business Number: 63 781 725 050), (“Ideal Connection Pty Ltd”, “Ideal Connection”, “Speedlancer”, “Speedlancer.co”, “we”, “our”, or “us”).By using Speedlancer.co and our website (the “Site) located at http://www.speedlancer.co/ you agree with and accept all of the terms and conditions stated in this Agreement. Please make sure to read the entire Agreement before using our Site.
This Agreement and all policies and terms or any guidelines posted on our Site constitute the entire agreement between you and Speedlancer.co. If you do not accept any terms and conditions of this Agreement, you may not access the Site and should immediately cease to use it. Speedlancer.coreserves the right to suspend, close or restrict your access to your Speedlancer account (“Account”) or restrict access to your funds, if you have violated the terms of this Agreement or violated our rights or the rights of the third parties.
Speedlancer.co reserves the right to amend this Agreement in whole or in part at any time and without a prior notice, by posting a revised version of the Agreement on the Site. Each revised version will be effective at the time it has been posted. If you continue using Speedlancer.co after the effective date, it will constitute your acceptance of its terms and conditions.
Speedlancer.co is an online platform that allows Sellers and Buyers to connect with each other and allow them to use it for online work. Speedlancer offers services to both Sellers and Buyers. Buyers post a task and Sellers decide to accept it or not. Buyer and Seller agree that when Seller accepts a task, a Service Contract will be formed between such a Buyer and Seller subject to Service Contract Terms set forth below in Section 4.
Speedlancer.co is only available to legal entities and individuals of at least 18 years of agecapable of forming legally binding contracts under applicable law. If Users do not meet the requirements above, they shall not use any of Speedlancer.co’s Services.
HOW SPEEDLANCER WORKS
Buyers post a task on Speedlancer platform and Sellers receive email notifications when a new task is available.Sellers may login to the backend system to review tasks in their nominated category (namely, ‘Design’, ‘Writing’, or ‘Data Entry/Research’) and select a task that they feel is a good value for their time and effort. There is no penalty for Sellers if they decide not to accept a task, however, Sellers may be removed if they are not active, or for any other reason whatsoever, at our sole discretion.
Buyers are not required to register on the Site, but Buyers may be restricted, at our sole discretion. Our Sellers are approved members only.
Buyers must provide detailed task specifications. Buyers are required toprovide as many details as possible/relevant, to ensure quality work is delivered.
Before accepting a task, Sellers may publically contact a Buyer through our backend system and ask for task clarification. Meanwhile, the task remains open for any Seller to inspect/accept, even before a Buyer responds. Other Sellers will have access to such correspondence prior to the task being accepted.
If the Seller delivers a task that is not to the Buyer’s satisfaction, we will refer to the task specifications and determine if the delivered work objectively matches the requirements (see ‘Disputes’ section below).
The first Seller to accept a task is the sole Seller able to deliver that task (assuming it is delivered successfully). At the moment the Seller accepts the task, the clock starts and the Seller has 4 hours to deliver the task. It is therefore essential that Sellers only accept tasks that they are confident that they understand and can deliver within the 4 hour time frame.
Tasks remain in the Speedlancer.co queue for up to 8 hours before being removed. Speedlancer.co supports 4 hour tasks, which are deliverable in a maximum period of 12 hours, if accepted (maximum 8 hours for acceptance and maximum 4 hours to deliver the task, if accepted).
Buyers are entitled to one free revision of the completed work. Sellers may provide more revisions, at their discretion.
Users understand and acknowledge that:
Speedlancer.co is an online platform that allows Users to connect with each other and buy or offer Services. Thus, you agree and acknowledge that User is not our employee and we have no control over the quality or legality of our User’s Services or their ability to provide such Services. Speedlancer.co shall have no liability or any obligations under Service Contracts or for any acts of our Users.
SERVICE CONTRACT TERMS
Sellers are responsible for performing Services in a professional manner and delivering the completed workproduct, as per the objectively construed task specifications, in a timely manner (4 hour time frame).
PAYMENT AND BILLING
Buyers shall pay the agreed-upon amount for performed tasks to Speedlancer.co. Sellers are paid by Speedlancer.co and Sellers agree not to have any recourse against Buyers in the event of non-payment from us.
COMPLETED WORK PRODUCT AND PROPRIETARY RIGHTS
Proprietary rights for Completed Work Product are owned by Buyers upon their acceptance of Completed Work Product, unless otherwise specified by Buyer in the task description. Seller will retain Proprietary Rights for Completed Work Product in the event Completed Work did not fit Buyer’s specifications and was not paid for. Seller hereby grants to Buyer an exclusive, worldwide, irrevocable, unlimited, and unconditional license to use and commercialize Completed Work Product in any manner known now or being discovered in the future. In order to guarantee that Buyer will be able to acquire and use such Proprietary Rights, Seller shall: (i) transfer Proprietary Rights for Completed Work Product Buyer;(ii) upon our request sign any documents required for Buyer to document and enforce his or her rights ; and (iii) provide Buyer with support and reasonable access to information for recording, securing, defending, and enforcing such Proprietary Rights in all countries. Seller’s obligations under this Section will continue even after Seller stops using Speedlancer.co platform.
PRE-EXISTING INTELLECTUAL PROPERTY IN COMPLETED WORK PRODUCT
Seller shall make sure that Completed Work Product does not have any pre-existing technology or other intellectual property, whether such pre-existing intellectual property belongs to Seller or any other third party, without receiving the written consent from Buyer and copyright holder, prior to using such pre-existing intellectual property in Completed Work Product. Seller understands and agrees that without limitation to any other remedies, Seller shall not receive the payment and shall refund any payments that were previously made to him or her, if Completed Work Product contains any pre-existing technology or intellectual property not approved under this Section.
Buyer agrees to give Seller a limited, revocable at Buyer’s sole discretion at any time, and non-exclusive right to use Buyer’s deliverables as needed to perform an accepted task. Buyer reserves all Proprietary Rights in and to Buyer’s Deliverables. Upon task completion or Service Contract Termination, or upon Buyer’s written request, Seller is obligated to immediately return all Buyer’s Deliverables to Buyer and remove them from Seller’s equipment, premises or systems. Upon Buyer’s request, Seller also agrees to give a written certification to Buyer confirming that all Buyer’s Deliverables have been removed or returned.
THIRD PARTY BENEFICIARY
Speedlancer.co is a third party beneficiary of each Service Contract between Buyer and Seller.
SERVICE CONTRACT TERMINATION
Service Contract between Seller and Buyer is automatically terminated after Buyer’s acceptance of Completed Work Product. Once a task has been posted by a Buyer, a legally binding contract is formed between us and such a Buyer. Thus, the Buyer may not cancel a task after it has been submitted on the Site.
The terms and conditions outlined in this Section 4and any other terms agreed between Buyer and Speedlancer shall constitute the entire agreement and shall terminate and supersede any prior agreements, warranties and/or discussions between Speedlancer.co, Seller and Buyer.
DELIVERY OF COMPLETED WORK PRODUCT
Sellers must deliver Completed Work Product and/or proof of work, where relevant, by attaching the work to the ‘ticket’, or by sending it via a private hosting link (egDropbox, or similar)
Once Completed Work Product is delivered, Buyer has three days to respond and post a review. If no response is provided within the response time, the task will be considered completed successfully, at which point the Seller has the right to payment and Buyer may not be refunded.
Speedlancer.co’s Users are not allowed to post third parties’ advertisements on the Site. Any links to other websites in relation to a task posted on Speedlancer.co, may be permitted.
Users are prohibited from accessing or trying to access the Site by any means other than provided to them. Users agree not to use any Site’s content for any purpose other than made available by Speedlancer.co.
Users are not allowed to redistribute, re-use or copy any of the content of the Site for any third parties.
Users are prohibited from posting or sending adult, illegal, rude, abusive, improper, copyright protected, promotional, spam, violent, nonsense or any other content not related to tasks posted on Speedlancer.co. Doing so may get User’s account blocked permanently.
Users are prohibited from inserting any malicious or unknown external links on the Site.Speedlancer.co will not be held responsible for any damage, harm, or any consequential cause whatsoever which might occur due to the Site usage, use of content, files transferred, or by any use of Speedlancer.co.
Users are prohibited from engaging in any activity that interferes or disrupts the proper functioning of the Site, including, but not limited to activity involved using any automated collection mechanisms such as robots, spider, scraper and etc.
Buyers select the price they are willing to pay. Prices are inclusive of the 20% platform fee.
Sellers see the price they receive – the 20% fee is already deducted. However, as payments are sent to Sellers by PayPal, PayPal may charge a fee for the transfer or for withdrawals, or other feesoutside of our control.
Sellers are solely responsible for compliance with any applicable tax laws. Speedlancer.co is not obligated to monitor and audit Seller’s compliance with applicable tax laws.
Buyers do not pay for tasks until they are delivered. Speedlancer.co leverages PayPal’s secure ‘Authorization & Capture, or Auth/Capture’ function, allowing Speedlancer.co to authorize Buyer’s payment method, allowing Speedlancer.co to later deduct from their authorized account the exact amount Buyer opted to spend for the task. See ‘Disputes’ section below for our refund policy.
If a task is not delivered, Buyer is not charged, and the authorization will automatically lapse within 30 days.
Removing a pending authorization will cause your task to be removed from the system, and your account may be suspended permanently. Likewise, filing a dispute or reversing a payment or filing a chargeback through PayPal or your bank will result in a similar outcome and a permanently suspended account.
Sellers are paid only when a task is:
Delivered within 4 hours of accepting the task, and;
The task is completed as per Buyer’s objective specifications (see ‘Disputes’ section below)
Speedlancer.co pays Sellers within 3-7 days of task delivery. This provides us with time to review any disputes (see ‘Disputes’ section below)
All payments shall be made through Speedlancer.co platform. Any payments initiated outside of Speedlancer.co platform are not permitted.
Speedlancer.co guarantees payment to Sellers if Completed Work Product is delivered in 4 hour time frame and meets Buyer’s objective specifications (See ‘Disputes’ Section).
HOLD ON FUNDS
In the event of fraud, violation or abuse of this Agreement, Speedlancer.co Payment Guarantee shall be voided and all payments due to Seller, not just those under investigation, may be held for the duration of our investigation.
PRIVACY, IDENTITY AND ACCOUNT SECURITY
To protect Buyer’s privacy, Buyer’s Identity is keptprivate at all times. Requesting or providing Email addresses or any other methods of communication, including, but not limited to, Skype/IM usernames (Gtalk, ICQ, MSN, AIM or Yahoo), telephone numbers or any other personal contact details (other than your first name and last name initial) to communicate outside of the Speedlancer.co network is prohibited. Buyers and Sellers can only post their email addresses on the Site on the sign-up form when they register on Speedlancer.co. Email to email private messaging is offered on the Site for Buyer and Seller’s communication, facilitated by Speedlancer.co’s nominated messaging system.
Sellersare under a strict non-disclosure agreement not to share Buyer’s information with anyone. Additionally, Sellers under a strict agreement not to make a direct contact with Buyers outside Speedlancer.co backend system. All communications and information exchanges must be performed exclusively using Speedlancer.co’s nominated messaging system.
Speedlancer.co reserves the right to validate both Buyer’s and Seller’s information to confirm their identity at any time at its sole discretion. Both Buyers and Sellers authorize Speedlancer.co, directly or through third parties, to inquire information necessary to confirm their identity and ownership of email addresses or financial accounts. All such inquiries are subject to applicable law. User’s failure to provide such information upon our request is a violation of this Agreement.
Users are solely responsible for ensuring security of their Speedlancer.co’s account password. Users agree not to disclose their account passwords to anyone outside of their company or work team, and shall be solely responsible for any unauthorized use of such password on Speedlancer.co. If your password has been stolen or lost, please immediately notify us. Your continued use of our platform means that you acknowledge and agree that our security procedures are commercially reasonable.
Users shall keep confidential all information received as the result of the execution of this Agreement.Users are prohibited from disclosing Confidential Information to anyone not involved in the Service Contract or using it for any other purposes than the performance of the Services under this Agreement. All Confidential Information shall be returned or destroyed when no longer needed to complete a task, or upon our written request that can be made at any time. Both Seller and Buyer agree to provide to us the written certification confirming that Confidential Information was destroyed or returned upon the disclosing party’s request.
If any dispute arises between Seller and Buyer, Speedlancer.co will address all concerns in a timely manner and provide a prompt resolution.
DISPUTE RESOLUTION POLICY
If the task is not completed within 4 hours and per Buyer’s objective task specifications, a refund will be given to Buyer, and the payment will not be released to Seller.
The task will be interpreted strictly. If Buyer’s specifications were vague and/or Speedlancer delivered the task as per those task specifications (when construed objectively), then a refund shall not be granted to Buyer .
Users agree and acknowledge that Speedlancer.co’s dispute resolution is final, binding and irreversible.
Without any limitation to dispute policy rules outlined in this Section 10, Buyers are granted one free revision by their Sellers (or any other Sellers registered on Speedlancer.co), or more if Sellers choose to.
SPEEDLANCER.CO’S SERVICES ARE PROVIDED ON “AS IS,” AS AVAILABLE BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPEEDLANCER.CO DISCLAIMS ALL AND MAKE NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE IDENTITY, FITNESS FOR PARTICULAR PURPOSE, RELIABILITY OF ANY THIRD PARTY, AND NON-INFINGEMENT.
WITHOUT LIMITING STATED ABOVE, SPEEDLANCER.CO MAKES NO WARRANTIES THAT:
THE SITE WILL BE ACCURATE, SECURE, AND FREE OF VIRUSES OR DEFECTS;
ANY ERRORS OR DEFECTS FOUND ON THE SITE WILL BE FIXED.
SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, IF YOU RESIDE IN STATES OR JURISDICTIONS THAT PROHIBIT LIMITATIONS ON IMPLIED WARRANTIES STATED ABOVE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SPEEDLANCER.CO BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT OR ANY OTHER FORM OF LIABILITY, FOR INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, DATA, PRODUCTION OR BUSINESS OPPORTUNITIES, LITIGATION COSTS, OR INSTALLATION AND REMOVAL COSTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES AND DAMAGES.
SOME OR ALL OF THE ABOVE LIMITATIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU, IF YOU RESIDE IN STATES OR JURISDICTIONS THAT PROHIBIT SUCH LIMITATIONS.
You agree to indemnify, defend and hold harmless us and if applicable any of our Affiliates, officers, agents and employees from and against any and all damages, costs, losses, demands or any other liabilities, including, but not limited to attorney’s fees, made by any third party due to or arising from your breach of this Agreement or your violation of any rights of third parties or current legislature.
TERM AND TERMINATION
The term of this Agreement starts immediately upon your first visit to the Site and continues in effect until its termination. Both Users and Speedlancer.co have a right to terminate this Agreement at any time, in their sole discretion, with or without any explanation, upon written notice to the party effective immediately or by suspending or terminating User’s account. However, if you have any open tasks when you terminate this Agreement, you will remain bound by this Agreement until 4 hour time frame has lapsed or upon the completion of the task and its acceptance by Buyer, whichever is later. Buyers shall remain obligated to pay for Services provided before the Agreement termination date. Speedlancer.co is responsible to perform necessary services to facilitate any open tasks or related transactions between its Users to assist in their completion.
NOTICES AND COMMUNICATIONS
Unless otherwise indicated in writing by Users, Speedlancer.co will communicate with the Site’s Users through email or by posting directly on the Site. You agree to receive electronic communications from us and you acknowledge that such communications are equivalent to the legal validity of communications in writing. Once Speedlancer.co sends emails to the electronic address provided by you, such emails are considered to be received by you. You are responsible for checking your email and the Site regularly for any postings and communications from us and keeping your email address up to date on the Site. Your failure to respond to our emails regarding any violations of this Agreements or User’s complaint within 3 business days may result in suspension or termination of your account.
All legal notices to us must be in writing and delivered in person or by certified mail to the following address: Ideal Connection Pty Ltd, PO BOX 2344, Caulfield Junction, VIC Australia 3161
Such legal notices are considered effective upon our documented receipt of them.
OTHER TERMS AND CONDITIONS
The Agreement constitutes the entire agreement between the Parties and is fully consistent with the actual will of the Parties. This Agreement supersedes and terminates any prior discussions, warranties, agreements, representations, and other communications between the Parties.
COMPLIANCE WITH APPLICABLE LAWS
Speedlancer.co’s Users agree to fulfill all obligations hereunder in compliance with all applicable laws, rules, regulationsand Proprietary Rights of third parties currently in force or coming into legal force in the future.
The Parties agree that if any of the clauses and/or provisions of this Agreement become invalid throughout the term hereof due to changes in legislature, the remaining provisions of this Agreement shall be binding upon the Parties within the period of validity of this Agreement.
Amendments to this Agreement shall be binding upon Speedlancer.co only if they are ina written form (electronic communications are excluded) and signed by an authorized representative of Speedlancer.co.
User’s rights or obligations under this Agreement shall not be assigned, delegated or transferred without the express written permission of Speedlancer.co signed by its authorized agent. Any attempts to assign or transfer rights or obligations in violation of this Section will be null and void. Speedlancer.co may freely assign this Agreement in its sole discretion.
Omission or delay of either Party to exercise any of its rights and obligations under this Agreement shall not impair its rights or constitute a waiver.
This Agreement and any claims or disputes arising out of it or related to it shall be governed by the laws of Victoria, Australia
DISPUTE RESOLUTION AND ARBITRATION
All disputes and controversies arising out or related to this Agreement shall be resolved through negotiations or Dispute Resolution Policy outlined in Section 10 of this Agreement. In the event of not reaching the dispute and controversy resolution through negotiations or Dispute Resolution Procedures, any such claims shall be resolved by an applicable Court or mediation centre or arbitration centre in Victoria, Australia.
In the event of force-majeure, namely fire, floods, strikes, earthquakes, strikes, wars, and acts of governmental authorities or any other circumstances beyond the control of the Party, Buyers shall not be liable for full or partial default in the performance of obligations pursuant to this Agreement. The time to perform obligations under this Agreement will be extended for Buyers for the period of such delay. Sellers are not entitled to the payment in any event if they are unable to deliver the Completed Work Product within 4 hours, as the task will be re-sent to other Sellers.
The English language version of this Agreement shall prevail and all matters regarding the interpretation of any provisions, translated into other languages, in this Agreement shall be resolved based on the English text.
“Buyer” means any User who uses Speedlancer.co to assign tasks to Sellers. Speedlancer.co may act as a Buyer. In this event terms and conditions of this Agreements that apply to Buyer shall apply to Speedlancer.co.
“Buyer’s Deliverables” means any instructions, intellectual property and any other information received by a Seller from a Buyer while performing an assigned task.
“Claim” means any dispute or claim arising out of relating to this Agreement.
“Completed Work Product” means any tangible or intangible deliverables that Seller agrees to create for, or delivers, to Buyer as the result of performing Services under his or her Service Contract.
“Confidential Information” means User’s Deliverables, Completed Work Product or any other information provided to, or created by a User for a Service Contract, regardless of its form. Confidential Information does not include materials or information that 1. Is generally known by third parties and was not disclosed to them by Users 2. Has been approved to be released by the Disclosing Party 3. Was already known by User and received legally from third party prior to receiving it from the other User. 4. Was independently developed by User without using, directly or indirectly, the Confidential Information received from the Disclosing Party.
“Effective Date” means the date of accepting this Agreement.
“Objective Task Specifications” means a task that delivered exactly as Buyer’s task specifications require.
“Payment Guarantee” means the guaranteed payment to Sellers upon meeting the following conditions: 1. Completed Work Product is delivered in 4 hour time frame 2. Completed Work Product meets Buyer’s objective specifications.
“Pre-existing Intellectual Property” means any pre-existing technology or other intellectual property, whether such pre-existing intellectual property belongs to Seller or any other third party.
“Proprietary Rights” means any and all rights, service marks, trademarks, patents, title, and ownership in and to copyrights, industrial designs and any other rights to intellectual property recognized in any jurisdiction.
“Seller” means any individual or legal entity that use Speedlancer.co to offer Services to Buyers.
“Seller’s Deliverables” means any instructions, intellectual property and any other information received by a Buyer from a Seller while working on an assigned task.
“Service Contract” means a task or project for which a Buyer assigned a Seller to perform such a task or project on Speedlancer.co platform and a Seller accepted such a task.
“Services” means web design, writing, data entry and research, and general business and administrative tasks, and any tasks that Buyers may request and Sellers accept.
“Speedlancer.co platform” means an online platform operated by Speedlancer.co, which includes related services and software, and allows Users to connect with each other and buy or offer Services.
“The Site” means Speedlancer.co website located at www. Speedlancer.co.