Agreement Between Sellers (Freelancers), Users, and Owner of Altruistic Freelancer Platform (Nghia Nguyen)
Takes immediate effect once user clicks on the agreement acknowledging they have read the agreement.
This Agreement (“Agreement”) is made and entered into on the date of acceptance by the undersigned Seller (Freelancer), User/Buyers (“User”), and Altruistic Freelancer (“Platform”) owned by Nghia Nguyen, hereinafter referred to as the “Owner.” By accessing or using the Altruistic Freelancer Platform, the Seller, User, and Owner agree to the following terms and conditions and is immediately effective upon acceptance you have read the agreement:
1. Definitions
- Seller (Freelancer): A person who offers freelance services on the Platform.
- User: A person who engages the services of a Freelancer on the Platform.
- Platform: Altruistic Freelancer, an online marketplace facilitating freelance services.
- Owner: Nghia Nguyen, the legal owner and operator of the Altruistic Freelancer Platform.
1. Note: Any conversation outside of the platform with regards to a project is strictly prohibited. The resulting actions will be a ban for life from the platform to both Buyer and Seller. Contravention of this rule has no appeal process. Altruistic Freelancer takes this rule very strictly. All chats must remain in the chatroom. This not only provides protection for the Buyer but also the Seller. You can only be protected if you remain on the platform. If you chose to discuss matters off the platform, Altruistic Freelancer cannot help you in any matter regarding any service as it was not on the platform.
2. Scope of Services
The Platform connects Freelancers (Sellers) with Users in need of services. Sellers offer their services across various categories, and Users engage Sellers for specific projects, according to the terms outlined below.
3. Pricing & Payment Terms
- Pricing:
- The pricing for services provided by Sellers is agreed upon by the Seller and User directly on the Platform.
- All services offered by Sellers must adhere to the pricing guidelines established by Altruistic Freelancer.
- Sellers are responsible for providing accurate pricing for their services. Any changes to pricing must be communicated and agreed upon by both parties before proceeding with work.
- Payment Process:
- The Platform will collect payments from Users for services rendered by Sellers.
- Payment will be held in escrow until the services are satisfactorily completed and approved by the User.
- Sellers will receive their payment, with a transaction fee of 2.9 % + 0.30 (Company Stripe rates from USD-to-USD account from the Owner Nghia Nguyen, upon completion and User approval of the work. A 10% commission rate will be charged to the total Fee of the service or project price agreed between Seller and buyer.
- Payments to Sellers will be processed through the payment methods supported by the Platform. Commission rates are subject to change and sellers will be notified of changes within 48 hours of change to occur.
- Any additional services charges are deemed to be the responsibility of the Seller and User due to their banking conversions or other fess. Altruistic Freelancer and Owner Nghia Nguyen are not responsible for any fees outside of this platform.
- Commission Fees:
- Altruistic Freelancer charges a commission fee for facilitating transactions on the Platform. The fee is determined by the Owner and is subject to change. Commission fees are deducted from the total amount paid by the User to the Seller.
- The commission rate may vary depending on the nature of the work and other factors, and Sellers will be notified in advance of any changes.
4. User Responsibilities
Users of the Platform agree to the following responsibilities:
- Payment: Users agree to pay the agreed-upon price for services performed by the Seller in accordance with the terms of this Agreement. There will be a service charge of 3.5% (Transaction fee from the payment collector Company Stripe). The 10% referral fee will be charged to the Buyer calculated on the original cost of the project agreed by the Buyer and Seller. As well, taxation. if any will be added to the total charges.
- Communication: Users will provide clear and prompt communication to Sellers regarding the scope and expectations of the work.
- Approval: Users are responsible for reviewing and approving the work completed by the Seller within a reasonable timeframe.
5. Seller Responsibilities
Sellers agree to:
- Quality of Work: Provide services that meet the expectations and standards set forth by the User and the Platform.
- Completion of Services: Complete the services in a timely manner, adhering to the agreed-upon timeline.
- Communication: Maintain open communication with the User, ensuring that updates and questions are addressed promptly.
- Compliance with Laws: Ensure that all work complies with applicable laws, including intellectual property rights, licensing, and other legal obligations.
6. Indemnification
- By Sellers: Sellers agree to indemnify, defend, and hold harmless Altruistic Freelancer, Owner Nghia Nguyen, and its affiliates from any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to the Seller’s use of the Platform, performance of services, breach of this Agreement, or any claims related to the services provided by the Seller.
- By Users: Users agree to indemnify, defend, and hold harmless Altruistic Freelancer, Owner Nghia Nguyen, and its affiliates from any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to the User’s use of the Platform, engagement with the Seller, breach of this Agreement, or any claims related to the services rendered by the Seller.
7. Dispute Resolution
- Mediation & Arbitration: In the event of a dispute between the Seller and User, both parties agree to attempt to resolve the issue through mediation. If mediation fails, disputes will be resolved through binding arbitration by the Owner.
- Limitation of Liability: In no event will Altruistic Freelancer or the Owner, Nghia Nguyen, be liable for any indirect, incidental, special, or consequential damages, including lost profits, even if advised of the possibility of such damages. The total liability of Altruistic Freelancer to any party for any claims arising under this Agreement shall not exceed the total amount paid by the User to the Seller for the specific services in dispute.
8. Confidentiality
Both the Seller and User agree to maintain the confidentiality of all proprietary and confidential information disclosed during the engagement, including but not limited to business plans, designs, intellectual property, and any information that may be considered sensitive.
9. Intellectual Property Rights
- Ownership of Work Product: Upon completion of the services and payment in full by the User, the intellectual property rights to the work performed by the Seller will be transferred to the User. Sellers retain the right to include the work in their portfolios, subject to any confidentiality agreements.
- License to Use: Sellers grant Users a non-exclusive, royalty-free license to use the completed work for the purposes outlined in the Agreement. Sellers may retain ownership of any underlying tools, methodologies, or intellectual property.
10. Termination
- Termination by the User: The User may terminate this Agreement at any time before work begins, provided that any upfront payment will not be refunded unless otherwise agreed upon.
- Termination by the Seller: The Seller may terminate the Agreement if the User fails to meet their payment obligations or breaches any other terms of this Agreement.
- Termination by the Owner: Altruistic Freelancer may suspend or terminate any User’s or Seller’s account for violations of the Platform’s Terms of Service or this Agreement.
- All terminations must be approved prior to termination by Altruistic Freelancer and Owner Nghia Nguyen. If a termination is not communicated to the Altruistic Freelancer or the Owner Nghia Nguyen, the Sellers’ account may be deleted after all funds have been released to the seller.
11. General Terms
- Governing Law: This Agreement will be governed by and construed in accordance with the laws of the jurisdiction in which the Owner operates (currently, Canada).
- Amendments: The Owner reserves the right to amend the terms of this Agreement at any time. Notice of any changes will be provided to all Users and Sellers through the Platform.
- Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remainder of the Agreement will remain in full force and effect.
12. Users must abide tot the rule that no charge back is allowed if using a credit card. The dispute resolution is the only method to resolve any issue arising from the request for a refund.
13. Platform Rules and Terms of Service
Sellers and Users must comply with the Platform’s Terms of Service and other applicable policies, including acceptable use policies, privacy policies, and community guidelines.
By accepting this Agreement, the Seller, User, and Owner affirm that they have read, understood, and agreed to the terms outlined above.