This is an important document which you must consider carefully when choosing whether to use the www.vfxlancer.com website at any time.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH VFXLancer.COM OFFERS YOU ACCESS TO OUR SERVICES. Please contact us to report violations of terms and conditions.
Acceptance of User Agreement
This user agreement ("User Agreement" or "Agreement") is a contract between you and VFXLancer powered by Hybrid Solutions Middle East FZE registered in Boulevard Plaza Tower 2, 22nd floor, Emaar Boulevard, Downtown Dubai, UAE (5006719) if you are a user of www.VFXLancer.com. This user agreement is a contract between you and Hybrid Solutions Middle East FZE (UAE Company 5006719) if you are a user of www.VFXLancer.com Trading as the VFXLancer belonging to Hybrid Solutions Middle East FZE, ("VFXLancer.com", "we" or "us") which operates the www.VFXLancer.com ("Site"). The Site is offered to you conditional on your acceptance of the User Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement.
This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and VFXLancer.com as to its subject matter.
If you do not agree to any of these terms and conditions you should immediately cease to use the Site. Please note that we may close, suspend, or limit your access to your VFXLancer.com account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to your funds if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.
Amendment of User Agreement
VFXLancer.com may amend or modify this User Agreement in whole or in part from time to time, without notice, by posting an amended User Agreement on the Site or any linked information. Such updated version of the User Agreement will be effective at the time we post it.
VFXLancer.com offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities who can form legally binding contracts under applicable law. Without limiting the foregoing, this Site are not available to persons under 18 years of age. If Users do not qualify, they cannot use any of VFXLancer.com's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us.
The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.
VFXLancer.com provides a venue to introduce Users who wish to provide professional services ("VFXLancer") and Users who seek such professional services ("Employers")(respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together online to complete, invoice and pay for projects.
3. LEGAL RELATIONSHIP BETWEEN YOU AND VFXLancer.com
VFXLancer.com reserves the right to terminate the participation of any User without reason but expressly including any User that VFXLancer.com judges to be in violation of the User Agreement. Without limiting the foregoing, VFXLancer.com may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else.s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
3.2 VFXLancer has the right to ban any buyer that shows any un-serious for the jobs they post if they have posted multiple jobs without being awarded to any freelancer.
3.3 Relationship between Users
The only parties to a project are the VFXLancer and the Employer. Upon the Employer awarding a project to a VFXLancer and the VFXLancer's acceptance of a project on the Site, the Employer agrees to purchase, and the VFXLancer agrees to deliver the Provider Services in accordance with the following agreements: (1) the User Agreement; and (2) the User Services Agreement between the Employer and VFXLancer available on the Site, as amended from time to time; (3) any other contractual provisions accepted by both the VFXLancer and Employer uploaded to the Site, to the extent not inconsistent with the User Agreement; and (4) the project terms as awarded and accepted on the Site, to the extent not inconsistent with the User Agreement.
You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a member contract in conflict with the User Agreement is void.
3.4 User Responsibilities
The responsibilities of the VFXLancer and Employer are set out in the Services Agreement between VFXLancer and Employer.
When you enter into a transaction you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement.
You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law) international laws, statutes, ordinances and regulations relevant to you as an Employer or VFXLancer, or in any other uses you make of the Site.
If another user breaches any obligation to you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, VFXLancer.com has no responsibility for enforcing any User rights.
3.5 No Insurance
VFXLancer.com does not offer any form of insurance or other Employer or VFXLancer protection which will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Employers and VFXLancers. However, some forms of payment permitted on the Site, such as PayPal may offer limited employer or VFXLancer protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.
Because user identification on the Internet is difficult, we cannot and does not confirm each User's purported identity.
3.6 Independent Contractors
Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
3.7 Services offered by VFXLancer.com
VFXLancer.com offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to VFXLancers and to enable VFXLancers to efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service.
Some of the Services offered at the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and VFXLancer.com and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.
The User understands and agrees to the following terms:
Our Site merely acts as an online venue to allow Users to offer and buy professional services. You acknowledge and agree that VFXLancer.com is not involved in the actual transaction between the VFXLancers and Employers. As a result, VFXLancer.com has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of VFXLancers to provide the services or the Employers to pay for the services. We do not guarantee that a User will actually complete a transaction or act lawfully in using the Site.
Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that VFXLancer.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabelled or deceptively labelled accidentally by VFXLancer.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
VFXLancer.com provides unmonitored access to third-party content. VFXLancer.com is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. VFXLancer.com does not control nor always review the web sites to which we link from the Site. VFXLancer.com, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
VFXLancer.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. VFXLancer.com expect that the User will undertake necessary activities and practices and will use caution and common sense when using VFXLancer.com for User's Account.
You agree and acknowledge that unless explicitly requested, VFXLancer.com may display your company name, logo and public description of your projects and profile as part of the VFXLancer.com website(s) and / or other VFXLancer.com marketing material.
3.10 Transfer between Sites
After the 20th June 2012, if you decide to swap your default currency, your agreement with the Site will move to the regional operating entity corresponding to the currency you select. For AUD, NZD, EUR, GBP and USD this agreement will be between yourself and VFXLancer from the date of change onwards.
All fees are set forth in the summary of VFXLancer.com's fees and charges which can be found on the Site. All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified.
VFXLancer.com earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by VFXLancer.com that are accessible through the Site and to cover expenses and fees VFXLancer.com incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, VFXLancer.com transfers the remaining payment amount to the VFXLancer.
VFXLancer.com charges fees in relation to the posting of a project; selecting a VFXLancer; posting a featured project; hiding a project from search engines; hiding bids from other Users; posting a full time project; project commission fees; and other miscellaneous fees that are described on the Site.
Users can choose various membership programs to subscribe to different levels of participation on the Site which will incur additional fees.
5. AFFILIATE PROGRAM
Any Affiliate program that will be published in the future will be posted here.
6. MILESTONE PAYMENTS
6.1 Not an escrow service
VFXLancer.com does not operate a Escrow service. VFXLancer.com does have, however, a special, non-compulsory feature, which allows controlled payments to be made with respect to a project to a VFXLancer. At your request, VFXLancer.com will accept an advance payment from an Employer for a project. We will hold such funds ("Milestone Payments") until the Employer and the VFXLancer agree that the funds should be released to the VFXLancer or until the Employer and the VFXLancer have concluded the process of the Dispute Resolution Services (as defined below), Once an Employer instructs VFXLancer.com to pay a VFXLancer that performed a service for him/her, or the Employer acknowledges that the VFXLancer has completed the service fully and satisfactory.
VFXLancer.com will then disburse the Milestone Payment to the VFXLancer. If an Employer does not approve of the VFXLancer's work product, the Parties agree to be bound by the terms of the Dispute Resolution Services set out below.
6.2 Inactive Users
In the event that the Employer has not provided any instruction to VFXLancer.com with respect to a Milestone Payment within 1 year after the day that the Milestone Payment was made, and has not logged in during that time period, such Milestone Payment will be refunded to the User account of the person who initially paid it.
7.1 Opening Account
To become a User and access the Site and Services you must register for an "Account.. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
You agree that you will not receive interest or other earnings on the funds that VFXLancer.com handles as your contractor. VFXLancer.com may receive interest on those funds. VFXLancer.com will not be liable for any lost interest on such funds.
All amounts are stated in and all payments will be made in US funds. VFXLancer.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen Paypal Account) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your VFXLancer.com account or face account termination and any other remedies available to VFXLancer.com to recover the funds.
vfxlancer.com may take up to 48 hours from day, hour, minute of the time you requested the money withdrawal. Withdrawal fee is 6.5%. Withdrawals may take up-to 48 hours to complete.
Any User that VFXLancer.com removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.
VFXLancer.com requires you to make all payments to VFXLancer.com and to make payments to and accept payments from other Users in the purchase and sale of Services for VFXLancer.com projects directly through the mechanisms available on the Site. You understand and agree that VFXLancer.com will not hold funds (including Milestone Payments) delivered to VFXLancer.com from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of VFXLancer.com in any account, at any institution, or in any other manner VFXLancer.com may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by VFXLancer.com for general corporate purposes or otherwise, provided that VFXLancer.com will remain contractually obligated to make payment to you, as a VFXLancer or Employer, for any purchases and sales of Services provided by you through VFXLancer.com. To the extent VFXLancer.com is obligated to make payment to you, you will be an unsecured creditor of VFXLancer.com.
You acknowledge that: (1) VFXLancer.com is not a bank or other licensed financial institution and does not provide banking services; (2) the amounts shown as on deposit, including Milestone Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of VFXLancer.com to the User with respect to the purchase and sale of Services through VFXLancer.com; (3) VFXLancer.com is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute a milestone. By initiating and sending payments through VFXLancer.com, you appoint VFXLancer.com as your agent to obtain the funds and hold and to transfer such funds to the VFXLancer or Employer for Services, subject to these terms and conditions.
7.4 Inactive Accounts
User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will incur a dormant account fee of US$10 per month until either the Account is terminated or reactivated.
VFXLancer.com reserves the right to cancel Inactive Accounts with a nil or negative balance.
You acknowledge and agree that any chargebacks (a chargeback occurs when a employer rejects or reverses a charge on his or her Paypal through the Paypal issuer) on funds paid to you by Employers through the Site are your responsibility and you will not hold VFXLancer.com liable for such. You agree that VFXLancer.com may reverse any such payments that are subject to chargeback via our Payment Processors. To cover the cost of processing chargebacks, VFXLancer.com assesses a US$20.00 fee to Users for Paypal payment chargebacks.
7.6 Insufficient funds in Accounts
If there are not sufficient funds in your User Account to meet outstanding fees and charges, VFXLancer.com reserves the right to collect any amounts owing to VFXLancer.com by any other legal means.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by VFXLancer.com. These taxes will be added to fees billed to you, if applicable.
8. AVOIDING COMMISSIONS
8.1 Prohibition on negotiation of fee outside of Site
You are strictly prohibited from attempting to negotiate the fee for a project with another user directly (outside of VFXLancer.com) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without a VFXLancer being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying VFXLancer.com if the payment amount increases (above the bid amount) after the project is closed.
You are strictly prohibited from under-bidding on projects in an attempt to renegotiate the actual price privately, avoiding fees. We aim to provide a fair and open playing field at VFXLancer.com, and such activities interfere with providing such a marketplace. VFXLancer.com charges project commissions on all funds received by either direct transfer or Milestone Payment through the site, regardless of the final bid amount.
We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance or underbidding on the Site.
Users agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by VFXLancer.com. You may use the project message board and inbox private messaging on site to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, GTalk and Yahoo.
8.3 Providing contact information
You are prohibited from making direct contact with another User, unless it's for a project you (a VFXLancer) have been picked for, or you (an Employer) have picked a VFXLancer for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. VFXLancer.com provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Fulltime" projects. If a project has the "Fulltime" graphic on it, that means the Employer has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board.
9. USER CONTENT
The User is solely responsible for content or any other information the User provides to VFXLancer.com. User understands and agrees to the following:
VFXLancer.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. VFXLancer.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for VFXLancer.com, harm its business operation or reputation, or cause VFXLancer.com to lose the services of its suppliers.
Any and all content submitted to the Site is subject to the approval of the Site administrators. The Site reserves the right to reject, approve, or modify User-submitted content upon the discretion of the Site administrators. Evaluation of User-submitted content is based on certain quality guidelines.
These guidelines, that encompass all objectively quantifiable and aesthetic aspects of User-submitted content, are set solely by the Site and applied exclusively within the Site.
User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libellous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
No copyrighted material can be posted on the Site. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights
9.2 Grant of License
Subject to clause 9.3 below, by submitting User content to VFXLancer.com (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a project; sending messages through or to VFXLancer.com). You hereby grant to VFXLancer.com a worldwide, exclusive, sublicensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of VFXLancer.com (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
9.3 Feedback, Reputation and Reviews
By using the Site, you acknowledge that you transfer copyright of your the feedback, reputation and reviews you leave (whether a "Employer" or "VFXLancer"), consisting of comments and a multidimensional rating (e.g. Quality, Communication, etc) together with a composite rating by VFXLancer.com ("Feedback"). You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with VFXLancer.com's policies as posted on the Site from time to time, without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the VFXLancer feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to VFXLancer.
VFXLancer.com's feedback ratings belong to us and may not be used for any purpose other than facilitating the exchange of services between Users of the Site. You may not use your VFXLancer feedback (including, but not limited to, marketing or exporting your composite rating or feedback comments) in any real or virtual venue other than a website operated by VFXLancer.com or its related companies without our written permission.
10. USER RESTRICTIONS
Users are prohibited from advertising a website on the Site. Any URL posted in a bid, project description, or the message board, must relate to a project on VFXLancer.com. An example of a permissible URL would be a User's portfolio or resume page.
VFXLancers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This also applies to Employers. Employers cannot create projects that directly or indirectly require VFXLancers to place hourly or other abnormal bids. The only exception, for both Employers and VFXLancers, is when the project is fulltime.
The Employer agrees that:
The VFXLancer agrees that:
10.5 Prohibited use of Site content
The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:
10.6 General restrictions
Users agree that:
10.7 Consequences of termination
In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from VFXLancer.com.
Without limiting VFXLancer.com's other remedies, to the extent you are in violation of this User Agreement, you must pay VFXLancer.com for all fees owed to us and reimburse us for all losses and costs (including any and all VFXLancer.com employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You and VFXLancer.com agree that the damages that VFXLancer.com will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and VFXLancers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then VFXLancer.com may fine you up to US$3,000.00 for each such violation and/or VFXLancer.com may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to US$3,000.00 is presently a reasonable pre-estimate or minimum estimate of VFXLancer.com's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to VFXLancer.com that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
You agree that VFXLancer.com is entitled to deduct such charges directly from any existing balance in the offending Account, or any other VFXLancer.com Account owned by you.
Users that are terminated by VFXLancer.com on any basis other than violation of this User Agreement will be entitled to receive any payment due from VFXLancer.com.
In the event of termination, you will have no claim whatsoever against VFXLancer.com in respect of any such suspension or termination of your membership.
11. DISPUTE RESOLUTION SERVICES
11.1 Dispute Resolution Services
VFXLancer.com offers the Dispute Resolution Services to registered users who have elected to use the Milestone Payment feature. You agree and acknowledge that: (i) VFXLancer.com is not providing legal services; (ii) VFXLancer.com will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on VFXLancer.com for any such counsel.
In the event of a dispute between an Employer and a VFXLancer regarding a return or release of Milestone Payments, either Employer or VFXLancer may elect to use the Dispute Resolution Services offered by VFXLancer.com. The Employer and VFXLancer will then be notified that the matter will be addressed through the Dispute Resolution Services.
You agree to indemnify and hold VFXLancer.com and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Milestone Payments and/or Dispute Resolution Services.
11.2 VFXLancer.com is Not a Party to Disputes
Any disputes regarding arrangements between VFXLancers and Employers remain solely between Employers and VFXLancers. We are not involved in any transactions between you and any other users of VFXLancer.com.
You acknowledge and agree that VFXLancer.com will not be a party to any such dispute.
If you have a dispute with any other users of the Site, you hereby release VFXLancer.com from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.
11.3 The Dispute Team
Both parties of the Dispute case can elect to have their dispute arbitrated by the Dispute Team. The role of the Dispute Team extends to making all actions necessary to resolve the case in an impartial and evidential manner. You acknowledge that the verdict of the Dispute Team is final, binding, and irreversible.
All claims and actions (including, but not limited to, actions made by mistake) of the parties on the Dispute System are final, binding, and irreversible. You agree that the Dispute Team and VFXLancer.com is hereby released from the actual and consequential damages brought about by these claims.
11.4 Dispute Resolution Services Code of Conduct
The VFXLancer Code of Conduct applies to all the services offered by VFXLancer.com, including, but not limited to, the Dispute Resolution Services. It is agreed by You that You will make every endeavor at fair play and post reasonable and fair demands/offers on your dispute.
A user caught breaching the Code of Conduct during the Dispute Resolution Service process would automatically lose the dispute in favor of the other party involved, regardless of the origin of the dispute. The user who breached the Code of Conduct would also incur proper disciplinary action. (For more information, read the VFXLancer User Code of Conduct.)
11.5. Dispute Resolution Process
STAGE 1 - Identifying the issue
The complainant should select the project and the Milestone payment or payments to be disputed. A user could contest all the Milestones related to a single project in one dispute.
After which, a description of the issue and an explanation of why the dispute is being opened should be given. From this stage until Stage 3, users are encouraged to attach any files that could support their claims.
Finally, the complainant is requested to enter the amount he or she is prepared to pay for the project (if an Employer) or wish to get paid for the project (if a VFXLancer). The amount could be between 0 and the total amount of the Milestone Payment(s) in question.
STAGE 2 - Negotiations
At this stage, either party can negotiate for partial compensation, or (after a period of time) choose to have VFXLancer.com's Dispute Team arbitrate the dispute. Both parties will have the opportunity to tell their side of the story and also negotiate terms to resolve the issue between themselves.
Only the party who originally filed for the dispute can cancel the dispute. If the issue cannot be resolved through negotiation, either party can choose to pay the Arbitration Fee to have the dispute arbitrated by the Dispute Team. The Arbitration Fee will be refunded if the dispute is either settled through mutual agreement or cancelled before reaching arbitration.
STAGE 3 - Final Offers and Evidence
After one of the involved parties has paid the Arbitration Fee, the other party has 4 days to also pay the fee. Either party still has the option in this period to negotiate with the other party.
If the responding party does not pay the arbitration fee within the 4 days, the result will be in favor of the party who escalated the dispute into arbitration first.
If a solution is found before the responding party pays the fee, the party who paid the Arbitration Fee will be refunded this fee.
Stage 3 is the last stage where both users can submit their final evidence to support their case. After Stage 3, the involved parties are no longer allowed to submit evidence. The dispute will be resolved based solely on the evidence provided through the Dispute System.
Once the dispute has proceeded to Stage 4, further evidence will no longer be accepted.
STAGE 4 - Arbitration
At Stage 4, the Dispute Team will review all evidence and other information provided to reach a decision (usually within 48 hours). Dispute verdicts are final, binding, and irreversible. The party who wins the dispute will be refunded their Arbitration Fee.
11.6 Evidential Requirements for Your Dispute
Should you elect to have the Dispute Team arbitrate your dispute, you agree to allow the Dispute Team to read all correspondence made on VFXLancer.com and download or access, and test (if necessary), all uploaded files, programs, and websites related to the dispute for the sole purpose of having your dispute resolved.
You are highly encouraged to submit all the documents that would support your claims on your dispute.
Submit e-mail correspondences as screenshots or as *.eml files. If submitting screenshots, ensure that the "To", "From", and the "Date" bar is visible. E-mail correspondences sent in *.txt or *.doc or any word processing software will not be honored.
IM conversations should be submitted as screenshots of the conversation from the IM software. Correspondences sent in *.txt, *.doc, or any word processing software will not be honored.
Provide the products, contracts, and other files relating to the project and the dispute.
VFXLancer.com will retain the confidentiality of the project and the privacy of the involved users and will not release the collected information to any party unless required by a court of law.
12. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA
Your personal information will be processed by VFXLancer.com in order to fulfil the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between VFXLancer.com and any associated entity within the VFXLancer.com organisation. At such transfer, personal data may be transferred outside the EEC-area. By entering into this agreement, You hereby approve such processing of your personal information as set forth above, including processing of your personal identification number, and hereby give such consent as required by the Swedish Personal Data Protection Act (Sw. personuppgiftslagen 1998:204). The consent hereby given can in whole or in part be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below.
VFXLancer.com discloses sensitive personal information only if required to comply with legal obligations or with your consent.
VFXLancer.com and VertexFX are trademarks of Hybrid Solutions for Computer Registered in Jordan under (64044).
14.1 Copyright of VFXLancer.com
The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of VFXLancer.com and are protected by international copyright laws.
14.2 Copyright infringement
It is our policy to respond to clear notices of alleged copyright infringement. Our policy, set out at http://www.vfxlancer.com/dmca.html, is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.
15. NO WARRANTY
VFXLancer.com is not involved in the actual transaction between VFXLancers and Employers. Our Services, the Site and all content on it are provided on an .as is. basis and without warranties of any kind either express or implied. Without limiting the foregoing, VFXLancer.com does not represent or warrant that:
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to VFXLancer.com, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.
To the extent that VFXLancer.com are able to limit the remedies available under this User Agreement, VFXLancer.com expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at VFXLancer.com's sole discretion):
(1) in the case of goods, any one or more of the following:
(2) in the case of services:
16. LIMITATION OF LIABILITY
16.1 Limitation of liability
In no event shall VFXLancer.com, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of VFXLancer.com and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation.
16.2 Jurisdiction.s Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.
16.3 Bar to action
VFXLancer.com may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against VFXLancer.com for any matter arising out of any transaction or otherwise in respect of this User Agreement.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
Currency conversions will be completed at a rate displayed on the Site, which is adjusted regularly based on market conditions. This exchange rate includes a processing fee above the wholesale exchange rate at which we obtain foreign currency.
You are responsible for all risks associated with maintaining balances in foreign currencies (including, the risk that the value of these balances will fluctuate as exchange rates change, which could result in decreases in the value of the balances). You agree not to attempt to use the Site to engage in speculative trading, which could result in substantial losses. No advice is provided on the Site and nothing on the Site should be relied upon as such. Use of this aspect of the Site is at your own risk.
Please note that the most readily available information on currency exchange rates is based on "interbank exchange rates". Interbank exchange rates are established in the course of currency trading among a global network of over 1,000 banks, and are not available through consumer or retail channels. These rates are not a suitable reference for currency changes made on the Site.
Certain currency related services are provided by NBD Emirated Bank in UAE.
19. APPLICABLE LAW
Any dispute arising out of or in connection with this User Agreement shall be governed by UAE. You and VFXLancer.com irrevocably submit to the non-exclusive jurisdiction of the courts of UAE.
The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by VFXLancer.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of VFXLancer.com. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.