Last Update: May 2019
Welcome to MicroFreelancers.com
The following terms and conditions (these “Terms of Service”), govern your access to and use of the Micro Freelancers website, including any content, functionality and services offered on or through www.MicroFreelancers.com (the “Site”), by Micro Freelancers.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Micro Freelancers services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Buyers are users who purchase services on Micro Freelancers.
Custom Offers are exclusive proposals that we can create in response to specific requirements of a Buyer.
Gig Extras are additional services offered on top of the Gig for an additional price defined by the MicroFreelancers.com.
Gig Packages allow MicroFreelancers.com to offer services in different formats and prices. Packages can include upgrades, which lets us price our service for a basic price of over $5.
Gig Page is where the MicroFreelancers.com can describe about the Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an order.
Gigs® are services offered on Micro Freelancers.
Order Page is where Buyers and MicroFreelancers.com communicate with each other in connection with an ordered Gig.
Orders are the formal agreement between a Buyer and MicroFreelancers.com after a purchase was made from the Gig Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers in connection with the Micro Freelancers platform, including with respect to collection of funds from Buyers in connection with the purchase of Gigs.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on Micro Freelancers. Registration is free.
- Gigs® on Micro Freelancers may be offered at a base starting price of $5. Some Gigs are offered at a base price of more than $5.
- Buyers pay Micro Freelancers in advance to create an order (see Purchasing Section below regarding payment terms).
- Orders are purchased through the Order button found on a Gig page or through a Custom Offer.
- Users may not offer or accept payments using any method other than placing an order through Micro Freelancers.
- Buyers are granted all rights for the delivered work, unless otherwise specified by the MicroFreelancers.com on Gig page. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License.
- Micro Freelancers retains the right to use all published delivered works for Micro Freelancers marketing and promotion purposes.
Micro Freelancers Anywhere
- Micro Freelancers Anywhere is a feature that allows us to send Custom Offers outside of MicroFreelancers.com
- Users accessing and purchasing from a Micro Freelancers Anywhere offer that are not already members of Micro Freelancers, will be required to register with Micro Freelancers to create an order.
- Communication for handling orders should be performed on Micro Freelancers, through the order page. Users who engage and communicate off of Micro Freelancers will not be protected by our Terms of Service.
- You may not offer direct payments to anyone using payment systems outside of the Micro Freelancers Order system.
- Micro Freelancers retains the right to use all publicly published delivered works for Micro Freelancers marketing and promotional purposes.
- Buyers may request a specific service from the Post a Request feature. Services requested on Micro Freelancers must be an allowed service on Micro Freelancers. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Micro Freelancers.
- Buyers pay Micro Freelancers to create an order from a Gig page or Custom Offer. Micro Freelancers partners with Payment Services Providers for purposes of collecting Gig-related payments from Buyers, transferring such payments from Buyers to us, and holding funds in connection with Micro Freelancers Balances. All payments services in connection with the collection of funds on the Micro Freelancers platform are performed by Micro Freelancers’s Payment Services Providers.
- In addition Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Micro Freelancers through the site or through Micro Freelancers Anywhere.
- In most locations, Gigs may be purchased on Micro Freelancers by using one of the following payment methods: Credit Card, PayPal, Additional payment methods may apply in certain locations.
- Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees. As of May 2019, the current fees assessed to the total purchase amount are $2 on purchases up to $40 and 5% on purchases above $40.
- By using any payment method and/or providing payment details for making purchases on Micro Freelancers, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Micro Freelancers; and (d) such actions do not violate any applicable law.
- Buyers may pay on Micro Freelancers in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the Order page. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the Order.
- Buyers should note that the Gigs’ pricing is derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their selected displayed currency.
- If you paid for an Order in a currency other than US$ and your Order was later cancelled for any reason, the amount returned to your Micro Freelancers Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
- Your Micro Freelancers Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your Micro Freelancers Balance in any currency other than US$, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same US$ value. Users always have the option to view their Micro Freelancers Balance in US$ by changing their selected displayed currency.
- Buyers may be charged with indirect taxes (such as VAT or GST) depending on their residency, location and any applicable law, in addition to the Gig price shown on the Gig page.
- Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
- Once payment is confirmed, your order will be created and given a unique Micro Freelancers order number.
- We will deliver completed files and/or proof of work according to the service that was purchased and advertised on their Gig.
- An order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An order will be automatically marked as Complete if no request for modification was submitted within 3 days after the order was actually Delivered.
- When a Buyer orders a Gig, the designers team is notified by email as well as notifications on the site while logged into the account.
- We will send completed files and/or proof of work mark the order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. Micro Freelancers will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Buyers may use the “Request Revisions” feature located on the Order page or by email, while an order is marked as Delivered if the delivered materials do not match our description on their Gig page or they do not match the requirements sent to us at the beginning of the order process.
- Order cancellations can be performed on Micro Freelancers, when eligible, by Customer Support per order.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that a Buyer or we encounters an issue related to the service provided in an order, you are encouraged to contact us to attempt to resolve the matter.
- Micro Freelancers, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Micro Freelancers Balance.
- Revisions to deliveries can be performed by us based on the Gig and customer care. We can determine the amount of revisions offered to Buyers, including no revisions.
- Requests for revisions can be performed through the Order page while the order is marked as Delivered.
- Requesting to gain more services from us beyond the agreed requirements is not allowed.
- Micro Freelancers does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s Micro Freelancers Balance and are available for future purchases on Micro Freelancers. Micro Freelancers returns service fees to your Micro Freelancers Balance once an order is cancelled. In any event, if the service fees were not returned to your Micro Freelancers Balance following an order cancellation, such service fees’ amount will be exempted from your next purchase on Micro Freelancers.
- Deposit refunds, when available from the payment provider, can be performed by our Customer Support team (based on the Order’s original payment currency). To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
Adult Services & Pornography – Micro Freelancers does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on Micro Freelancers should be friendly, constructive, and professional. Micro Freelancers condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Micro Freelancers takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our designers privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Gigs or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. We will further confirm that whatever information we receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Micro Freelancers will not be protected by our Terms of Service.
Authentic Micro Freelancers Profile – You may not create a false identity on Micro Freelancers, misrepresent your identity, create a Micro Freelancers profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Micro Freelancers reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Fraud / Unlawful Use – You may not use Micro Freelancers for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Micro Freelancers community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Micro Freelancers’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards others. This includes creating new multiple accounts to harass our designers through our message or ordering system.
The Site, including its general layout, design and content, is exclusively owned by Micro Freelancers and protected by copyright and trademarks. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
- Micro Freelancers reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
- Violation of Micro Freelancers’s Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to buy on Micro Freelancers.
- Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Disputes should be handled using Micro Freelancers’s Customer Support.
- Micro Freelancers may make changes to its Terms of Service from time to time. When these changes are made, Micro Freelancers will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Micro Freelancers after the date on which the Terms of Service have changed, Micro Freelancers will treat your use as acceptance of the updated Terms of Service.
Ownership and limitations: Unless clearly stated otherwise on the Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from us, and we will waive any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, we expressly agree to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and we will assign all rights, title and interest in the delivered work. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.
For Voice Over Gigs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.
We will further confirm that whatever information we receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.
Furthermore, users (both Buyers and we) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Micro Freelancers, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Micro Freelancers for no consideration for marketing and/or other purposes.
Voice Over Commercial Buy-Out
When purchasing a Voice Over Gig, we will grant you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, we will grant you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explained videos posted to company websites, social networks or email campaigns, audio-books, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, we will grant you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to Micro Freelancers’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Micro Freelancers will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Commercial Use License
By purchasing a “Commercial Use License” with your order, we will grant you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Micro Freelancers’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Micro Freelancers will be not liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MICRO FREELANCERS NOR ANY PERSON ASSOCIATED WITH MICRO FREELANCERS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL MICRO FREELANCERS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Micro Freelancers, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.