Account – The account provided by PROLANCER to each user of our website/platform.
Candidate, Candidates or resourcers – 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.
Freelancer or prolancer – 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.
Contractor/Consultants – one or more individuals who offer paid professional services to Hirers or Clients.
Employer – A company or organisation using our services to recruit Professional Contractors.
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).
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).
Project(s) – One or more hourly-rate or fixed-price project work posted/commissioned by the Hirer(s) and undertaken by the Freelancer(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.
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.
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.
Proposal – A Proposal is an offer of a proposal and price 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 jobs 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.
Teams – A group of individuals who offer team-based services to Hirer(s) or Client(s).
Team Lead – An individual who creates a team and is responsible for management of the team members and funds.
Verified User – Means a user whose detail and profile have been verified by PROLANCER.
Verified Team - Means a team whose details and profiles 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 Users on PROLANCER.
By accessing our Platform, you agree to the following User Terms.
PROLANCER is an online platform for professional Freelancers and Teams to collaborate with Hirers on research & development projects, joint grants, consultancy services, mentorship and training.
Prolancer helps companies quickly find top expert talents and ready-made specialist teams that can accelerate ideas, projects and solve their business or technology problems efficiently and cost effectively.
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 Community Posts, Projects and proposals, posted to the Platform, and cannot therefore be responsible for that material’s content, copyright, 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 firstname.lastname@example.org.
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;
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 licensors. 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. Users 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 licensors 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, send proposals for projects and create teams.
We charge a small project fee relative to the value of the selected proposal, as an introduction fee when a Hirer or Employer chooses to award the project to a freelancer.
The total fee and how this is charged, depends on the type of services required.
Service fee for Hirers
By hiring through Prolancer, we will assign a specialist supervisor from our team as your dedicated Relationship Manager (RM) to work with you to understand your requirements and technical needs.
Your RM will create a job description based on your requirements and will identify, screen, interview and shortlist top qualified resources for your review. Prolancer’s service fee is calculated based on the total value of the project or offered salary.
* Grants service fee is charged only for successful application.
The above fees are exclusive of VAT.
Service fee for prolancers
Service fee charges will be deducted from the total amount that is transferred from a Project’s escrow account into a prolancer’s account. The service fee is charged at the following percentage scales of transaction value.
The above fees are exclusive of VAT and withdrawal fee.
Prolancer’s payment processing fee is applicable upon withdrawal of the funds. Service fee charges will be deducted from the total amount that is transferred from a Project’s escrow account into a prolancer’s account. The service fee is charged at the following percentage scales of transaction value.
To avoid multiple Withdrawal Fees, Prolancer recommends all users to withdraw their total money in one payment, where possible.
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 25 proposal credits per month that gets renewed on the 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.
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.
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 service for all Hirers and Employers who use PROLANCER Services.
10. Funds and Payments
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.
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.
PROLANCER provides 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's personal and financial details, and help prevent financial and ID theft frauds, Online.
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.
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.
13. 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.
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.
16. Communication with other Users
Communication on our Platform must be fulfilled using the messaging functionality in your User Account and Project Workstreams, 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.
17. 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 License) 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.
18. 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.
19. 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 is 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.
20. Cancellations and Refunds
A Hirer may decide that they no longer wish to continue with a specific Project and/or they wish to cancel their Project. Similarly, a freelancer may no longer be able or wishing to continue working on a Project.
In these cases, the cancellation of work can only be fulfilled upon agreement between the both parties (i.e. the Hirer and the Freelancer).
The Hirer must contact the Freelancer they have hired, directly and explain with reason, their desire for cancellation of the Project.
Correspondingly, a Freelancer 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 also agrees to the following:
That if a Project is cancelled prior to introducing shortlisted candidates to the Hirer by Prolancer’s Relationships Manager, then the initial Deposit Payment will be fully-refundable.
That our Service Fee charges apply on No Hire, No Fee basis – This means that Hirers will not incur charges if they do not hire anyone for the project(s) that they have posted, which they now wish to cancel.
That if the Hirer fails to respond to a candidate(s) shortlisted for them by a Prolancer’s Relationships Manager within a 14-working days time frame , and if the candidate(s) is no longer available for hire after the 14-days period, then the Hirer 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.
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 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 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 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(s) has already started working on the job and has completed some work, then the Freelancer(s) must be paid for any work they 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, and the Hirer shall receive their refund in 3-5 working days.
We recommend that both the Hirer and Freelancer resolve any conflicts amongst themselves or in consultation with their Prolancer’s Relationship Manager; 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. If we agree to the refund, the money will be transferred back into the user Account within 3-5 working days. In some cases, it might take longer 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.
22. 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 a 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.
23. 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.
24. 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.
25. 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 Projects 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.
29. 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, the 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.
30. 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.
31. 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.
33. 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 licensors, 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.
35. 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.
Last Updated: These terms were last updated on 26 November 2020 at 09:30am.