Account – The account provided by PROLANCER to each user of our website/platform.
Candidate or Candidates – A potential Contractor or Freelancer shortlisted by PROLANCER or the Client, for hiring or recruitment by the Client.
Client – A company or organisation using our service for outsourcing projects, hiring contractors or recruitment purposes.
Contractor/Professional Contractor – One or more individuals who make their professional skills available to Hirers or Clients on salaried basis, to complete works known as Jobs for Hirers or Clients, via our platform.
Freelancer – One or more individuals who make their professional skills available to Hirers and complete different Project(s) for Hirers who need these skills for completion of their Project(s), via our platform.
Employer – A company or organisation using our services to recruit Professional Contractors.
Escrow account – PROLANCER as a third party holds and regulates payments of the funds required for Freelancers and Hirers involved in a Project. The money deposited by the Hirer will remain in the Escrow account until the Project(s) has been completed and delivered by the Freelancer to the Hirer based on their agreements. On completion of the Project, the Freelancer will raise an invoice and if the Hirer is satisfied with the completed work done according to the Project, will authorise the release of payment from the Escrow account.
Hirer – One or more individuals or companies posting, employing, proposing, or awarding Project/Job(s) on the PROLANCER platform who wish to hire and utilise Freelancers' skills and abilities for the completion of those Project/Job(s).
Inactive Account – A User Account that has not been used to edit material(s)/profile, post new material/project(s), communicate with other Users or Us, or otherwise logged into, for a period of 6 months.
Job(s) – One or more part-time, full-time or contract work(s) posted/commissioned by a Hirer(s) or Employer(s) and undertaken by the Candidate(s) or Contractor(s).
Payment system – Means the set of financial management tools provided to both Freelancers and Hirers to deposit, withdraw, convert and transfer funds from bank accounts to a PROLANCER Escrow account or vice versa.
Project(s) – One or more full-time, part-prime or contract work posted/commissioned by the Hirer(s) or Employer(s) and undertaken by the Freelancers or Contractors.
PROLANCER Outsource Projects Package – This is a primary offering to Hirers with pre-defined project scope and would require an expert freelancer to work on a project. The contract length is limited by the length of the project or agreed milestone. All payments for Outsource will be managed through PROLANCER Escrow.
PROLANCER Hire Contractors Package – A PROLANCER service offered to local, country-specific Employer(s)/client(s) who wish to employ contractors on full-time or part-time, and salaried basis. The Employer will manage, collaborate and pay directly to the Contractor via their company's payrolls.
Proposal Credit – A Proposal Credit is an offer of a price and proposal of services that Freelancers can submit to the Hirer.
Relationship Manager (RM) – A dedicated account manager assigned by PROLANCER to work with the Hirer/client to understand the client's requirements and technical needs. Relationship Manager will lead the publication of the posted job and will screen, interview and shortlist qualified candidates for the Hirer.
User, You or Your – Individuals who visit or use our Platform or services.
Users – Freelancers, Contractors, Clients, Hirers and Employers. Under the terms of this Agreement, a User may be both a Hirer and a Freelancer at the same time.
Verified User – Means a user whose details and profile have been verified by PROLANCER.
We, Our, Company, Us, The Company, PROLANCER – Means Prolancer.com, the registered trademark of Teams Network Limited.
Website/Site/Service/Platform – Means any websites and services operated by Prolancer.com, a registered trademark of Teams Network Limited, including subdomains, tools and applications, as well as web and mobile applications.
Workstream – Collaborative workspace and project management tools provided to Hirers and Freelancers on PROLANCER.
By accessing our Platform, you agree to the following User Terms.
PROLANCER is an online platform for Freelancers, Contractors and Hirers/Employers to work together to complete different Project(s) and Job(s) including but not limited to Software development and Data Science.
PROLANCER offer two ways to hire freelancers: Outsourcing Projects and Hiring Contractors.
Outsource Projects is primarily offered to Hirers who have a pre-defined project scope for which they require an expert Freelancer to work on a project. To outsource a project, the Hirers should post a job, following which they will be assigned a dedicated Relationship Manager, who will support the Hirers throughout the candidate sourcing and selection process. The Relationship Manager will screen, assess, interview and shortlist 1-2 qualified candidates for the Hirer to review and make a final selection.
In summary, Hirers post their Project and their requirements on the Platform for the purposes of hiring Freelancers to complete these Projects.
Qualified professional freelancers interested in the project will be shortlisted by the dedicated Relationships Manager. The Hirer will be notified about the shortlisted candidates.
Hirer and Freelancers communicate with each other and once they have agreed on the proposal, the Hirer accepts the proposal of the Freelancers, and awards the Project. The Hirer then deposits the agreed required amount of payment into the Escrow account.
To avoid fraud and ensure security of the payments, Freelancers must always ask for the total agreed amount to be deposited on the Escrow account before working on and delivering the completed Project to the Hirer. Additionally, any and all the communications and project management processes and tasks must be recorded through the Workstream of the project on the PROLANCER Platform.
Once the Freelancer completes and delivers the Project, the Hirer will review the completed Project. On approval of the completed tasks, the Freelancer will raise an invoice and the Hirer will accept and release the funds available in the Escrow account; following which the Freelancer can withdraw the funds from their account.
All users must use payment methods available on PROLANCER for making payments. Attempts for making payments outside of PROLANCER will lead to immediate account suspension. Users must immediately report to us any offers to pay outside of PROLANCER made by their Hirer or Freelancer.
PROLANCER HIRE CONTRACTORS PACKAGE is aimed at local, country-specific Employers who are looking for Contractors (full-time or part-time) with flexible place of work. Through using the PROLANCER Hire Contractors services, the hiring company will be supported fully by a dedicated Relationship Manager who will screen, assess, interview and shortlist potential candidates for review. Once Employers reviews and makes the selection, the contracts can be drawn and contract position can be commenced on a mutually agreed date. The selected candidate will be on the Employer’s payroll.
Please note that from time to time, we may make amendments to the terms of this Agreement without prior notice to you. It is therefore important that you check this Agreement from time to time to ensure you stay up to date with our User Terms.
We may also make some changes to our Platform or our services at any time. These may result in some errors appearing on our Platform, including, but not limited to errors in the information provided on our Platform. By using our services, you agree that PROLANCER is not liable for any mistakes appearing on our Platform resulting from these changes.
Prior to using our Platform and services, you must carefully read and fully agree to our User Agreement, our Privacy and Copyright Infringement policies and any other terms and policies linked in our Platform.
By using our services and Platform, you fully consent to the terms of this Agreement and their application to you, as and when you use any of our services.
3. Responsibility of Platform Visitors
We have not reviewed, and cannot review, all the material, including Projects and proposals, posted to the Platform, and cannot therefore be responsible for that material’s content, use or effects.
By operating the platform, we do not represent or imply that we endorse the material posted, or that we believe such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Platform may contain typographical mistakes, and other errors. The Platform may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
We disclaim any responsibility for any harm resulting from the use by visitors of the Platform, or from downloading of materials posted by the users.
A User shall not use, and shall not allow any person to use, the Platform or Services in any way that violates a local or international law, regulation, or ordinance, or for any disruptive, tortious, or illegal purpose, including but not limited to harassment, slander, defamation, data theft or inappropriate dissemination, or improper surveillance of any person.
The User represents and warrants that:
- User will use the Services only as provided in these Terms;
- User is at least 18 years old and has all right, authority, and capacity to agree to these Terms;
- User will provide accurate, complete, and current information to the Platform and its owner(s);
- User will notify the Platform and its owner(s) regarding any material change to information the User provides, either by updating and correcting the information, or by alerting the Platform and its owner(s) via the functions of the Platform or by the email address to email@example.com.
You must also fully read and agree to our Eligibility Rules and Restrictions.
5. Using PROLANCER
At PROLANCER, we greatly value the safety and security of our Users and our Platform, as well as the professionalism of our services and the content of our service.
You therefore agree that by using our services, you will not do any of the following:
- Fail to deliver pre-agreed Project/Jobs;
- Fail to deliver pre-agreed payments;
- Post false or misleading content;
- Transfer your Account username, password and other details to other third parties without our prior written consent;
- Post inappropriate materials, spam, chain letters, pyramid schemes, viruses or other malicious technology that may harm PROLANCER and/or its Users;
- Post unlawful, threatening, abusive, defamatory, vulgar and/or profane materials on our Platform, including communications with other users of the Platform via messaging features of the site;
- Modify, edit, or reverse-engineer any software used in our Platform;
- Manipulate our payment system;
- Copy, modify or distribute rights or content from our Platform;
- Collect and/or share information about other Users, including contact details, without their prior consent;
- Download or display content from our Platform to other third-party sites without our prior written consent.
6. Intellectual Property Rights Infringement
The Platform grants Users a revocable, non-transferable, and non-exclusive license to use the site solely in connection with the site and the services, under these Terms.
Copyright in all content and works of authorship included in the Platform are the property of the Platform or its licencors. Apart from links which lead to the Site, accurately attributed social media references, and de minimise text excerpts with links returning to the Platform, no text, images, video or audio recording, or any other content from the Platform shall be copied without explicit and detailed, written permission from Us. User shall not sub-license or otherwise transfer any rights or access to the Platform or related Services to any other person.
The names and logos used by the Platform, and all other trademarks, service marks, and trade names used in connection with the Services are owned by the Platform or its licencors and may not be used by User without written consent of the rights owners. Use of the Site does not in itself give any user any license, consent, or permission, unless and then only to the extent granted explicitly in these Terms.
All rights not expressly granted in these Terms are reserved by the Platform.
7. Anti-Money Laundering and Sanction Laws and Restrictions
As per UK AML regulation, PROLANCER is unable to support users from North Korea, Iran, Syria, Cuba, Sudan (Republic of Sudan or North Sudan), South Sudan (Republic of South Sudan) and Region of Crimea.
Other persons or organisations which may be restricted from using our services are those connected to, or working on behalf of the governments of Belarus (Republic of Belarus), Russian Federation, Venezuela (Bolivarian Republic of Venezuela) and Zimbabwe (Republic of Zimbabwe).
Please note, we may occasionally have to restrict access to other countries or regions (not currently listed above), as per sanctions laws and restrictions which may be set by the United Nations, European Union, United Kingdom and/or United States.
8. Service Fee
PROLANCER is free to sign up, to post a job or project, and to receive proposals from freelancers. We charge a small project fee relative to the value of the selected proposal, as an introduction fee when a Hirer or Employer choose to award the project to a freelancer.
The total fee and how this is charged, depends on whether it is Outsourcing Projects or Hiring Contractors for a job.
Service fee for Hirers & Employers
PROLANCER is free to sign up, post a job or project, receive proposals from freelancers, review the freelancer's portfolio and discuss the project or job requirements. If a Hirer chooses to award the job, and the freelancer accepts, we charge you a small project fee relative to the value of the selected proposal.
A summary of the Outsource tools and services offered by Prolancer is exhibited in the table below
OUTSOURCING PROJECTS SERVICE FEE
A fee is levied at the time a project has been awarded by a Hirer to a Freelancer. (No Hire - No Fee)
Following the review and publishing of a job by one of our Relationships Managers, an Employer could look for and search for and select the right candidate for their job.
A summary of the hiring tools and services for Contract Jobs is exhibited below
HIRING CONTRACTORS SERVICE FEE
A fee is levied at the time a project has been awarded by an Employer to a Contractor.
A Hirer may choose to post a job ,or upgrade their existing posted jobs using our Premium Jobs service.
The Premium Jobs service allows Hirers to gain access to a dedicated Relationships Manager and related benefits, free of charge.
To access our Premium services, a Hirer will deposit £200 (otherwise known as the Initial Deposit Payment) prior to finalising their project or job posting.
By using our Premium services, Hirers will be assigned a dedicated Relationships Manager who will assist in the review and selection of qualified candidates. Additionally, the Hirer will be able to display their job on Prolancer for a longer period; therefore gaining more exposure and potentially more proposals from candidates for their projects or jobs.
A summary comparing our Premium Jobs services with Non-premium ones is exhibited below
Service fee for Freelancers and Contractors
PROLANCER Service fee is charged at the following percentage scales of transaction value.
This service fee charges will only be deducted from the total amount that transfers from Hirer’s Escrow account into Freelancer’s account upon completion and approval of the Project.
All the service charges are exclusive of VAT and payment processing charges.
It is free to apply for Contract jobs. No charges apply to applicants if they are accepted for the Contract job.
9. Additional Services Fee
PROLANCER Users can optionally purchase additional services such as Proposal Credit upgrades. Each additional service will be charged at the time of purchase. No additional Payment Processing charges apply to these services. Some of the additional service fees may be inclusive of VAT.
Users can send proposals for free. There is a monthly allowance of 15 proposal credits per month that gets renewed on first of each month. However, users can buy additional proposal credits if they run out of monthly allowance. Please note, the purchasing fees for additional Proposal Credits are non-refundable.
As part of the Candidate-screening process, PROLANCER's Relationship Managers assign various Assessments to shortlisted candidates to examine a candidate's knowledge and proficiency in certain technical areas. This is a free-of-charge services for all Hirers and Employers who use PROLANCER Services.
DISPUTE HANDLING FEE
Prolancer will charge a (non-refundable) dispute handling fee of 5% of the total dispute amount or £15.00 (whichever is greater) + VAT. The fee will be deducted from the total available dispute funds when the funds are released from the escrow account to the winning party’s account. Learn more about our dispute resolution policy.
10. Initial Deposit Payment (Fully Refundable- see the Terms below)
It is free to post jobs on PROLANCER. However, for our Premium services, PROLANCER ask Hirers to make an upfront deposit of £200 prior to advancing with the candidate-sourcing stages of recruitment. The reason for this deposit payment is to ensure that both parties (i.e. the Hirer/Employer and PROLANCER) honour fully their side of the business contract. Furthermore, by making a deposit, the Hirer(s) and/or Employer(s) will showcase their sincerity in finding a candidate for their business, as opposed to spam users who wish to misuse or abuse our services.
The initial Deposit Payment is fully-refundable; unless under the conditions specified in the Cancellations & Refunds policies outlined in Section 22 of this document - and notwithstanding, in cases where PROLANCER fails to find a suitable candidate for the client, the client (i.e. the Hirer or Employer) will be entitled to a full refund for the deposit that they had paid.
Following the Initial Deposit fee payment, PROLANCER (through one of our dedicated Relationships Managers) will look for, and shortlist 1-2 candidates that are the best fit for the Hirer/Employers' project or job requirements.
Upon shortlisting of the candidates, the Hirer/Employer will receive account notification(s) that allows them to review, communicate and interview their shortlisted candidates.
All Hirers/Employers MUST Accept or Decline candidates within 14-working days following the receipt of this notification.
As per the Terms of this document, if a Hirer or Employer fails to take action within the 14-working days timeframe, then, the candidate(s) may no longer be available for hire. In this scenario, the Hirer or Employer WILL NOT BE REFUNDED for their initial Deposit Payment; and if the Hirer/Employer is still interested in finding a candidate for the same job (after failing to respond the first time), then they will be required to post their project of job on our platform again, and make another Deposit Payment for their project or job.
However, if the Hirer/Employer does not respond to the candidate within the 14-days timeframe but the candidate is STILL AVAILABLE AFTER the 14-days period, then in this case, the Hirer/Employer will be able to recruit the candidate in question WITHOUT MAKING ADDITIONAL DEPOSIT PAYMENTS and WITHOUT HAVING TO RE-POST THEIR JOB ON PROLANCER.
If a Hirer/Employer is unhappy with the shortlisted candidates, they can reject all shortlisted candidates and ask their dedicated Relationships Manager for a refund . However, Hirer(s)/Employer(s) must provide a reasonable explanation for their rejection of candidates. Alternatively, the Hirer/Employer can provide their feedback and the Relationship Manager will find them more suitable candidates. Once a new list of candidates is forwarded to the Hirer/Employer, they will have another 14 working days to either accept or decline the new candidates. All terms and conditions, including refund policy, will be the same as that for the first shortlisted candidate(s).
Please note that, unreasonable or untruthful explanations, or excessive amounts of rejections will be flagged by our system, and may lead to the termination of the Hirer's contract with us and/or the closure of their PROLANCER account.
How the initial deposit fee will be refunded?
Depending on the type of PROLANCER services being used, the deposit payment may be credited to a Client Project's budget or deducted from our service charges.
For Outsource Projects, upon successful hiring of the freelancer, the initial deposit fee will be transferred into the Hirer's Project Workstream where it will be added to the overall project budget.
For Hiring Contractors, this fee will be deducted from our Service Fee Charges.
If Prolancer fails to provide talents, the fee will be fully refunded to the Hirer/Employer.
11. Payment Processing and Withdrawal Fees
Prolancer will charge users a payment processing fee each time a payment is made towards a project, or a withdrawal is made from a user’s account. *
Prolancer has separate payment processing charges for hirers and freelancers.
For Hirers - Payment Processing Charges
Hirer Payment Processing Fee is applicable upon the acceptance of a proposal and the transfer of funds to a project.
For Freelancers - Payment Withdrawal Charges
Freelancer Payment Processing Fee is applicable upon withdrawal of the funds from freelancer’s account.
The fee amount and the processing duration depend on the payout method and the destination of the transaction.
To avoid multiple Withdrawal Fees, Prolancer recommends all users to withdraw their total money in one payment, where possible.
All Freelancers / Contractors are responsible for paying any taxes in accordance with the Laws in your current country of residence from which you are conducting your business through our Platform.
From time to time, we may display your company/business name, logo, images and other media as part of our marketing materials relating to our website and services. If you do not wish for us to use this information, you must explicitly request that we do not do this, following which we must agree to this in writing.
We may also use the content of your profile information on our Platform for marketing purposes. Similar to the above point, if you do not wish for us to use this information, you must explicitly request that we do not do this, following which we must agree to this in writing.
By using our services, you fully guarantee and agree that your content follows all the protocols listed below:
- Does not include inaccurate or misleading information about any User or other individuals;
- Does not contain viruses or other malicious technology and computer programs intended to damage or interfere with our systems, or other third-party systems;
- Does not violate any Laws and regulations, worldwide;
- Does not contain obscene or child pornography;
- Does not infringe any copyrighted materials, patents, trademarks, trade secrets, or other intellectual property rights or rights and privacy of any third parties;
- Does not contain design, manufacturing or production details of missiles or other weaponry, including chemical, biological and/or nuclear weapons.
15. Feedback and Reviews
You may choose to use our feedback system to leave feedback, reviews or ratings about the services provided by other Users or by us.
You agree that by leaving feedback, reviews or ratings on our Platform, you transfer all the copyright of such material to us, meaning that this material will belong solely to Teams Network Limited and its registered trademark, Prolancer.com. You agree that you will not use any of this information without our prior written consent.
You also fully agree that you will not attempt to damage the integrity of our feedback system.
You acknowledge and agree that our feedback system is our property solely and may not be used for purposes other than helping us and other Users to improve the provision of services on our Platform. You agree that you will not use our feedback system for other purposes including, but not limited to marketing your services on other third-party websites, without our prior written consent.
You agree that you will not advertise an external website or service on our Platform. Any links to external websites posted on our site must be solely related to a project. Doing otherwise may result in the removal of your content and suspension of your User Account.
17. Communication with other Users
Communication on our Platform must be fulfilled using the text messaging functionality in your User Account, as well as message boards, public communication boards, and any other communication channels provided by Us on our Platform.
You must not post your email address, phone number and other personal contact details on the Platform, except for the purposes of signing up to our Platform services, or at our request.
For the purposes of User and website security, Dispute resolutions or for fraud investigation and other related legal purposes, we may access and read all correspondence posted on our Platform, including messages posted between Hirers and Freelancers. We may also access, download or test all the uploaded materials on our Platform.
18. User Verification
You agree that we may undertake certain steps for verification of your identity. These may include asking you for proof of identification document (such as copies of your Passport or Driver’s Licence) and other photographic forms of identification. This is to ensure the safety and security of our service Users as well as the safety and security of our systems and Platform.
19. User Services
By using our Platform, you acknowledge and agree that all the Users of our services are regarded as independent contractors and that there are no binding partnership, employment or other business relationships between our Users and between Users and PROLANCER.
You also agree that by awarding Project to a Freelancer and upon acceptance of that Project by the Freelancer, the Hirer and the Freelancer enter into a User Contract under which the Hirer agrees to purchase the services of the Freelancer and pay them the pre-agreed amount of money/funds upon completion of the project or agreed milestone. The Freelancer also agrees to deliver the Project as agreed previously with the Hirer. Both parties (i.e. Hirer and Freelancer) agree not to infringe this User Agreement and follow all the terms and protocols as set out in this Agreement.
You acknowledge and agree that you are solely responsible for ensuring the fulfilment of your obligations to other Users with whom you enter the User Contract. Failure in fulfilling your obligations means that you have infringed this User Agreement and that you are liable to that User and will be penalised in accordance with this Agreement and the local/regional and/or International Laws applicable to your specific situation.
When a Freelancer sends a proposal for a Project, they must ask the Hirer for at least 50% of the total payment required to carry out the Project. The deposited amount will be secured in the Escrow account. Once the amount is secured in the Escrow account, neither the Freelancer nor the Hirer are able to withdraw the deposited amount without the fulfilment of the agreed Project and approval of both parties.
The Freelancer must ask for 100% of the payment required to carry out the Project before delivering the final Project to the Hirer. This is to protect payments and avoid frauds between Freelancers and Hirers.
On completion of the Project, the Freelancer should raise an invoice for the total agreed amount that is available in the Escrow account. The Hirer will review the work delivered by the Freelancer and would approve the invoice.
Once the invoice has been approved by the Hirer, the funds will be transferred from the Escrow account into the Freelancer’s account. The Freelancer can then withdraw the available funds.
If the Hirer fails to release the invoice submitted by the Freelancer, they will receive several warning notifications from PROLANCER. Failure to respond to these notifications may result in downgrading their ranking on the PROLANCER or Account Suspension.
If the Hirer fails to respond and/or release the funds for the received invoice, the funds will automatically be released into the Freelancer’s Account after a 14-day period.
PROLANCER will charge a commission fee from the total value of the Project. This commission will be deducted when a Project is completed and the Hirer releases the payment to the Freelancer’s account. The rest of the funds will subsequently be credited to the Freelancer’s Account.
You agree that you will only use the payment system on our Platform for paying funds into your Account or paying other Users (i.e. Freelancers) when they fulfil a Project, and will not use any other systems or services for payment to Freelancers.
Additionally, all Users fully acknowledge and accept that we are not a Financial or Banking institution and as such, we will not provide any interest on your funds or any other financial benefits provided by Financial and Banking Institutions.
21. Limits and Fraud Prevention
A Freelancer can only start working on a Project after the Hirer deposits the required funds into their Escrow account.
To ensure that both the Freelancer and Hirer are treated fairly and payments are protected, the funds will be locked in the Escrow account and cannot be taken out until the Project has been delivered and marked as complete by Hirer.
If the Hirer fails to pay the Freelancer, the funds will automatically be released from the Escrow account after a 14-day period. If the Hirer not satisfied with the quality of the material posted by the Freelancer, the Hirer must open a dispute by using our Dispute Policy, as laid out in this Agreement.
If we feel that fraud may be involved, we may delay payments to your Account for up to 21 days. This is to allow time for investigation into the situation and resolving the issue.
PROLANCER has partnered with Stripe and PayPal to provide customers with a secure financial transactions process, by the way of 3D Secure Payment protocols. 3D Secure protocols ensure that all Online User Credit and Debit Card transactions are authenticated with the Issuing Bank, in real-time. This process will better guarantee the security and safety of the customer personal and financial details, and help prevent financial and ID theft frauds, Online.
22. Cancellations and Refunds
A Hirer or Employer may decide that they no longer wish to continue with a specific Project or Contract Job and/or they wish to cancel their Project or Job. Similarly, a freelancer may no longer be able or wishing to continue working on a Project or Job.
In these cases, the cancellation of work can only be fulfilled upon agreement between the both parties (i.e. the Hirer/Employer and the Freelancer/Contractor).
The Hirer/Employer must contact the Freelancer or the Contractor that they have hired, directly and explain with reason, their desire for cancellation of the job.
Correspondingly, a Freelancer or Contractor must contact the Hirer that they are working with directly and explain, with reason, their desire for the termination of their responsibilities and their contract.
The Hirer/Employer also agrees to the following:
- That our Service Fee charges apply on No Hire, No Fee basis – This means that Hirers/Employers will not incur charges if they do not hire anyone for the jobs that they have posted, which they now wish to cancel.
- That in the case of Premium Jobs, if a Project or Job is cancelled (whether prior to or after PROLANCER select and shortlist candidates for the Hirer/Employer) then the initial Deposit Payment will be fully-refundable.
- That if the Hirer/Employer fails to respond to a candidate(s) shortlisted for them by a Relationships Manager within a 14-working days timeframe after they receive the name(s) and detail(s) of the candidate(s), and if the candidate(s) is no longer available for hire after the 14-days period, then the Hirer/Employer's initial Deposit Payment will be non-refundable.
- That the Hirer must pay the Freelancer for any work already completed, within 14-days of the Freelancer raising an invoice.
- That any Add-ons, such as Proposal Credit Upgrades are non-refundable.
- That the Dispute Resolution administration fee of 5% of the total dispute amount or £15.00 (whichever is greater) + VAT, is non-refundable.
Please note that, as per the terms and policies of this document, if a Hirer fails to pay the Freelancer for the work completed, within 14 days of the Freelancer raising an invoice, the Hirer’s account will automatically be debited for the amount invoiced.
The Freelancers are required to work with the Hirers and deliver the Project as agreed; and a Hirer must pay the Freelancer for their work, in accordance with the agreed contract between them.
However, there are some cases where a Hirer or a Freelance could ask for a refund:
- If a Freelancer fails to deliver the Project or Job, or if the Hirer is not satisfied with the work delivered, then the Hirer must not release any payments for the invoices raised by the Freelancer; and instead must Decline the invoice raised, with reasons for their decision.
- If circumstances change or if the freelancer changes their mind and is no longer able to and/or wishing to work on a project, then the Hirer could ask for a refund for the money that they have already deposited into the project’s Escrow account, by opening a new Dispute for the deposited amount. The Freelancer must accept the Dispute raised in Stage 1 of the Dispute Resolution process. Upon acceptance of the Dispute by the Freelancer, the money will be paid back into the Hirer’s account within 3-5 working days.
- If the Hirer posts a job but they later change their mind and wish to cancel their project or job, and at the same time, the Freelancer has already started working on the job and has completed some work, then the Freelancer must be paid for any work they had completed. To do this, the Freelancer must raise an invoice and the Hirer must accept the invoice and the funds will be released into the Freelancer’s account.
- If the Hirer decides to cancel their project and the Freelancer has not yet completed any work for that project, then the Hirer could ask for a refund for the amount that they had deposited into the project’s Escrow account, by raising a new Dispute. The Freelancer must then agree to the Dispute in Stage 1, and the Hirer shall receive their refund in 3-7 working days.
We recommend that both the Hirer and Freelancer resolve any conflicts amongst themselves; but in cases where further assistance is required, the Hirer or the Freelancer can open a Dispute ticket and our Dispute Resolution Team will resolve the issue in accordance with the relevant facts and the evidence provided to them. Alternatively, users can contact our customer service team on firstname.lastname@example.org or liaise with a PROLANCER Relationship Manager (if they are using the PROLANCER Outsourcing Projects or Hiring Contractors packages) to report any refunds or other related matters.
If we agree to the refund, the money will be transferred back into the user Account within 72 hours via our payment system. In some cases, it might take up to 3-7 working days to transfer the funds.
Please note that if we notice that you have made an unreasonable or excessive number of requests for refunds, or that there several disputes raised on your Account between Hirers and Freelancers, we may launch a thorough investigation into your Account and accordingly, we may suspend or close your Account.
Please also note, unreasonable disputes may also affect your ranking on our website.
If you require further assistance regarding the Cancellations and Refunds, please contact our Customer Support Team.
The minimum withdrawal amount is £10.00; however the maximum amount of funds you can withdraw for each payout is £5,000.00 (GBP), unless otherwise agreed with us in writing.
As per our Payment Processing Partner's guidelines, and depending on the country you are operating your business or services from, your payout may take between 24-48 hours to process.
However, for the purposes of security, we may delay larger payments for up to 21 days. This is to assist us with fraud prevention and/or with investigation into fraudulent cases.
Please note that Prolancer supports payouts made to and from 220+ locations and more than 135 global currencies. A full list of countries supported by Prolancer can be viewed here. Users based in countries or destinations not listed on our list of Supported Countries are unable to use Prolancer.
24. Inactive Accounts
We incur costs for maintaining, managing and administering Accounts on our system. This includes the costs of maintenance and storage for those Accounts that have not been active for longer period. As such, all User Accounts that have not been logged into for a period of 6 months will be automatically archived and they will need to reset their password to activate their account.
25. Rights to Refuse Service
You acknowledge that Teams Network Limited is the sole owner of this website and as such, we reserve all the rights to the services provided by this Platform.
By using our services, you agree not to breach, infringe or attempt to manipulate the terms set in this User Agreement.
We may suspend or close your Account at any time and without prior notice if we determine that you have infringed any of the terms of this Agreement.
We may also refuse our services to any party that we determine is a potential threat to our Users or our Platform security and services.
26. Disputes with other Users
You understand and agree that all the project-related disputes between you and other Users of our services (including the quality of the materials posted, deadlines, amount of funds, payments, etc.), must first be attempted to be resolved between you prior to raising the issue with our Customer Services or Dispute Resolution Team.
If you are unable to resolve the issue or if the issues persist, you can go to the Disputes section and create a new Dispute ticket. Our Disputes Resolution Team will work on the issue as soon as possible.
For any other enquiries about Disputes, you can contact our Disputes Resolution Team via email on email@example.com.
In relation to all the issues arising between you and other Users, you agree that PROLANCER will not be held liable for any claims, losses or damages of any nature resulting from your dispute and/or the dispute resolution process.
If any of the Users involved in the dispute are found to be in breach of these User Agreement terms, their Account may subsequently be suspended or closed. Please note – Raising unrealistic disputes may also downgrade your ranking on the Platform.
Our services and Platform are available globally and as such, our Users are based in a variety of different countries. Because of this, all the payments made through our Platform will be in local currencies (depending on where the Users are based).
Our payment system automatically converts the funds to local currencies using the latest exchange rates available.
28. Terminating your Account
You may choose to terminate your Account with us at any time.
This option is accessible through your User Account Settings. Prior to closing your Account, you must ensure that you:
- Have no outstanding payments in your Account.
- Have no outstanding job listings on our Platform.
- Have no outstanding matters such as disputes or suspensions placed on your Account by us.
If you do not meet the above requirements, you may not be granted permission to terminate your Account until all the matters set above are resolved.
Please note that closing your Account does not remove all the personal information you have provided us, as we may retain some of your personal information on our system for regulatory obligations and requirements.
We may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Platform. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
If you object to your information being used as set out in our policy, you must avoid using our site and services.
If your activity or any activity on your behalf creates a potential or actual liability for us, or for any of our users, partners, or contributors, you agree to indemnify and hold us and any such user, partner, contributor, or any agent harmless from and against all claims, costs of defence and judgment, liabilities, legal fees, damages, losses, and other expenses in relation to any claims or actions arising out of or relating to your use of the Platform, or any breach by you of these Terms of Service.
If you have discovered a security breach or threat in our Platform or your personal Account, you must notify us immediately by contacting our Systems Security Team via email on firstname.lastname@example.org.
For the purposes of the security of your personal information and the security of other Users and our Platform, you must keep your User Account details safe and must not share these details with any third party.
You agree that Teams Network Limited holds no liability for any damages or losses resulting from you sharing your Account information with third parties.
32. Fair Fee Policy
Fair Fee policy applies to Freelancers undertaking Risk free trial via the PROLANCER Outsource package.
PROLANCER will endeavour wherever possible to offer, compensate and charge fair fee. PROLANCER estimate its fair fee based on existing market rates and local/national minimum wage structure (where applicable). In countries without national minimum wage brackets, PROLANCER will use a flat hourly rate to calculate the total compensation amount.
For instance, as part of the Outsource Pro, the unselected candidate will be wholly compensated by PROLANCER. The compensation will be calculated based on the national minimum wage in the registered country of the freelancer and/or their hourly rate, whichever is lower.
33. Usernames, Passwords, and Profiles
If prompted, Users must provide a valid email address to the Platform, at which email address the User can receive messages. A User must also update the Platform if that email address changes. The Platform reserves the right to terminate any User account and/or User access to the Platform if a valid email is requested but is not provided by the User.
If the Platform prompts or allows a User to create a username or profile, Users agree not to pick a username or provide any profile information that would impersonate someone else or that is likely to cause confusion with any other person or entity. The Platform reserves the right to cancel a User account or to change a username or profile data at any time. Similarly, if the Platform allows comments or user input or prompts or allows a User to create an avatar or upload a picture, User agrees not to use any image that impersonates some other person or entity, or that is otherwise likely to cause confusion.
You are responsible for protecting your username and password on the Platform, and you agree not to disclose it to any third party. We recommend that you use a password that is more than eight characters long. You are responsible for all activity on your account, whether or not you authorised it. You acknowledge that if you wish to protect your interactions with the Platform, it is your responsibility to use a secure encrypted connection, virtual private network (VPN), or other appropriate measures. The Platform’s own security measures are reasonable in terms of their level of protection, but are not helpful if the interactions of you or any other User with the Platform are not secure or private.
34. Liability is Limited
The Platform shall not be liable for indirect, special, incidental, consequential, exemplary, or punitive damages of any kind, including but not limited to lost profits (regardless of whether we have been notified that such loss may occur) or exposure to any third-party claims by reason of any act or omission. The Platform shall not be liable for any act or omission of any third party involved with the services, Platform offers, or any act by Platform users. The Platform shall not be liable for any damages that result from any service provided by, or product or device manufactured by, third parties.
Notwithstanding any damages that a user may suffer for any reason, the entire liability of the site in connection with the site or services, and any party’s exclusive remedy, shall be limited to the amount, if any, actually paid by the user to the site owner during the 12 months prior to the event that the user claims caused the damages.
The Platform shall not be liable for any damages incurred as a result of any loss, disclosure, or third-party use of information, regardless of whether such disclosure or use is with or without User’s knowledge or consent. The Platform shall have no liability for any damages related to: User’s actions or failures to act, the acts or omissions of any third party, including but not limited to any telecommunications service provider, or events or causes beyond the Platform’s reasonable control. The Platform has no obligations whatever, and shall have no liability to, any third party who is not a User bound by these Terms. Limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
35. Disclaimer of Warranties
To the maximum extent permitted by law, the site provides the services “as is,” with all faults. The site does not warrant uninterrupted use or operation of the services, or that any data will be transmitted in a manner that is timely, uncorrupted, free of interference, or secure. The site disclaims representations, warranties, and conditions of any kind, whether express, implied, written, oral, contractual, common law, or statutory, including but not limited to any warranties, duties, or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or that may arise from a course of dealing or usage of trade.
You agree that from time to time your User Account and contact details will be used to receive notices and information from us regarding our Services/Platform via electronic communication. You may withdraw from this feature by going to your Account Settings.
Please note that in some cases, this may result in suspension or termination of your User Account.
37. Recruitment and Hiring Contractors/Employees Terms and Conditions
37.1 General Terms
1. All jobs accepted by PROLANCER (hereinafter, "The Company") shall be governed by the present General Terms and Conditions (laid out in this Terms of Services document). Unless The Company expressly accepts the Client's conditions in writing, the present terms and conditions supersede all other terms and conditions in the event of a conflict.
2. Client shall pay The Company's fees under the payment terms mentioned in the specific conditions. All fees are calculated according to the rate in effect at The Company, plus VAT or equivalent taxes.
3. If the Candidate introduced by The Company is not hired by the Client or if he/she rejects the employment (or collaboration) offered by the Client, and if the Candidate is subsequently employed by (or collaborates with) the Client within a period of 18 months following the date of the first introduction of the résumé of the Candidate to the Client, then the Client shall pay fees to The Company as stipulated in paragraph 2 above.
4. If the Client introduces a Candidate selected for them by The Company to another person or company, and if the Candidate is hired by (or collaborates with) said person or said company within a period of 18 months following the date of the first introduction of the résumé of the Candidate to the Client, then the Client shall pay the fees to The Company as stipulated in paragraph 2 above.
5. If, for a given job, the Client decides to hire (or to collaborate with) more than one of the Candidates introduced by The Company, instead of just the one contractually agreed upon, then the Client shall pay The Company fees for each of the Candidates thus hired as stipulated in paragraph 2 above.
6. The Client shall inform The Company of the hiring of any Candidate(s) in accordance with the present terms and conditions within five days and specifically, of the terms and conditions of the employment contract agreed to by the Candidate(s) hired.
7. The Candidate's transportation and other expenses incurred while going to an interview with the Client are for the Client's account (if agreed with the candidate in advance).
8. If the Client or the initial Candidate cancels the employment contract during the probationary period, The Client can rebate as per section 37.4 of this document, or The Company will use its best efforts to find a replacement without any additional expenses for the Client (except for advertising expenses mutually agreed upon by the Company and the Client beforehand), under the express conditions that:
- all sums due by the Client have been paid in accordance with the present general terms and conditions,
- the Client has notified The Company in writing within seven days of termination that employment has been terminated,
- the Client or one of its subsidiaries or another company of the group has not hired the Candidate within a period of 12 months following the end of the contract.
- the end of the contract is not the result of an economic lay-off or from a modification of the position (or of the function) exercised by the Candidate or from a restructuring by the Client.
- the position is identical.
- moreover, if the Candidate's salary is higher than the former one, The Company will invoice the difference to the Client.
9. The Client shall be responsible for all medical examinations and for all steps necessary in obtaining work permits or authorisations for the Candidate. Furthermore, the Client shall ensure that he/she is in perfect accordance with all employment legislation in effect.
10. The Company shall use its best efforts to ensure the aptitude of the Candidates introduced to the Client and to maintain a high quality of service and integrity, but it does not guarantee expressively or implicitly the aptitude of the Candidate introduced to the Client.
11. The Company is not liable to the Client for any damages, loss, expenses, disputes or spending suffered or incurred by the Client in connection with the outsourcing, recruiting or hiring of Candidates by the Client.
12. All invoices that remain unpaid after the payment terms (see section 37.3), will be subjected to a compensation of 10% with a minimum amount of £50 based on an annual interest of 10%.
The Client is deemed to have accepted The Company’s terms and conditions having agreed to interview or employ the Candidate. The Client is bound to these conditions if a subsidiary, franchise, agency, license or partner of the Client interviews or employs the Candidate. If the Candidate is employed by any other company through an introduction of the Candidate by the Client ,the Client will be liable for the full fee as laid out in these terms and conditions.
37.3 Fees Payable and Payment Terms
The Client agrees to notify the Company on the same working day as the appointment of an applicant is accepted by the Client. The Client agrees to notify the Company in writing of the terms of the applicant's employment including annual gross remuneration within five days.
- The fee payable to the Company by the Client for an introduction resulting in an engagement is the amount equal to 15% of the agreed Salary and will be payable within fourteen days of the date of invoice from the Company.
- VAT will be charged at the standard rate of UK Value Added Tax at the time of employment of the Candidate.
- If the Client does not pay fees within the fourteen day period as agreed by acceptance of these terms and conditions, The Company will not be bound to offer any rebate or re-run of services as laid out in this document.
If the Candidate leaves the employment of the Client or the Client terminates The Candidate’s employment within the first two weeks of employment, The Company will offer a full rebate of fees payable (provided agreed payment terms were met) or find a replacement for The Candidate free of charge (excluding expenses). In case of redundancy, there will be no refund.
After the first two weeks, a sliding scale of rebate will apply
There will be a £200.00 plus VAT administration charge on all refunds up to and including 6 weeks.
Rebates can only be given provided the Client has written to the Company to inform the Company of the Candidate’s termination within five working days of the Candidate leaving or being dismissed, and that the original fee has been paid as per the Fees Payable and Payment Terms in section 37.3.
38. Additional Terms
It is very important that you read and understand all our terms and policies prior to giving your consent and using our services. For this reason, we encourage you to read the following documents carefully and contact us if you have any queries regarding any of our terms and policies:
Please note that from time to time, these policies may be updated and you may receive an email regarding any changes and how these will apply to you. In this case, we encourage you to read carefully the updated versions of these policies and contact us if you have any questions.
PROLANCER is a registered trademark of Teams Network Limited. Registered office is located at Concept House, Home Park Road, Kings Langley, Hertfordshire, WD4 8UD, United Kingdom.
Any cause of action a User may have relating to the Platform or the Services must be commenced within one (1) year after the claim or cause of action arises.
Both parties waive the right to a jury trial in any dispute relating to the Terms, the Platform, or the Services.
If for any reason a court of competent jurisdiction finds any aspect of the Terms to be unenforceable, the Terms shall be enforced to the maximum extent permissible, to give effect to the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
User may not assign his or her rights or delegate his or her responsibilities under these Terms or otherwise relating to the Platform or its Services.
There shall be no third-party beneficiaries under these Terms, except for the Platform’s affiliates, suppliers, and licencors, or as required by law.
Use of the Platform and its Services is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph.
The failure of the Platform to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
This Agreement constitutes the entire agreement between this Platform and you concerning the subject matter hereof and may only be modified by a written amendment signed by an authorised executive of this Platform, or by the posting by this Platform of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Platform will be governed by our laws, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the civil and criminal courts.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with The Arbitration Act 1996 of Her Majesty’s Courts of Justice (HMCJ).
The arbitration shall take place in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney’s fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the party’s original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
40. Abusing PROLANCER
We have a zero-tolerance policy for any kind of abusive behaviour on our Platform and as such, we reserve the full rights to suspend or terminate the Account of anyone who is found to be involved in such behaviour.
Examples of abusive behaviour include, but are not limited to:
- Abusing the Terms of this Agreement;
- Abusing other Users;
- Abusing members of staff at PROLANCER:
- Inappropriate communications with other Users or with PROLANCER staff.
For any queries regarding this User Agreement or to report a breach of this Agreement, please email us on email@example.com.
These terms were last updated on 04 May 2020 at 09:30am.