THEELANCE Terms of ServiceLast Update: September 2019
Welcome to theelance.com.
The following terms of service (these “Terms of Service”), govern your access to and use of the theelance website, including any content, functionality and services offered on or through www.theelance.com (the “Site”) by Theelance Corpoation. and, with respect to payment processing services, by its subsidiaries: Theelance Corporation. (Sunset Blouvard Tower Plot No 1D DHA Phase 2, Karachi, Sindh, Pakistan) for payments made from the Pakitan or Theelance Corporation (N52 Gulistan e Jauhar, block 12, Karachi Sindh, Pakistan) for payments made from anywhere else. Theelance Corporation. and its subsidiaries are collectively referred hereto as “Theelance” “we” or “us”.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Theelance services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
Buyers are users who purchase services on Theelance.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Disputes are disagreements experienced during an order between a Buyer and Seller on Theelance. Theelance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.
Theelance Credits are credits that Theelance may provide users to be used only for purchases on Theelance, subject to these Terms of Service or any other applicable laws and/or terms.
TE® Extras are additional services offered on top of the Seller’s PRODUCT POST for an additional price defined by the Seller.
PRODUCT® Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over PKR500.
Products® Page is where the Seller can describe their Products and the Products’s terms, and the Buyer can purchase the Products and create an order.
Products® / Products® are services offered on Theelance.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Products.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Products Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Theelance platform, including with respect to collection of funds from Buyers in connection with the purchase of Products, remittance and withdrawal of funds to Sellers in connection with completed Products, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Theelance Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase Products on Theelance, subject to these Terms.
Sellers are users who offer and perform services through Products on Theelance.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on Theelance. Registration is free.
- products on Theelance may be offered at a base starting price of PKR500. Some Products are offered at a base price of more than PKR500 as determined by the Seller.
- Buyers pay Theelancein advance to create an order (see Purchasing Section below regarding payment terms).
- Orders are purchased through the Order button found on a Seller’s Products page or through a Custom Offer.
- For fees and payments please read the purchasing section here.
- Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
- Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Products Extras, or selling their Products in multiples.
- Users may not offer or accept payments using any method other than placing an order through TheelanceTheelance.com.
- Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Products page. Note: some Products charge additional payments (through Products Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
- Theelance retains the right to use all published delivered works for Theelance marketing and promotion purposes.
- Sellers create Products on Theelance to allow Buyers to purchase their services.
- Sellers may also offer Custom Offers to Buyers in addition to their Products.
- Each order you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
- Theelanceaccredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Theelance Balance.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
- Sellers may not promote their Products or any Theelance content via the AdWords platform.
- Sellers may withdraw their revenues using one of Theelance’s withdrawal options (see Withdrawal Section below regarding payment terms).
- The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
- For security concerns, Theelance may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple Theelance accounts to a single withdrawal provider.
- Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Product price shown on the Product page is inclusive of all such taxes and charges that may apply to the Sellers.
- Appointment as Limited Payment Collection Agent: Seller hereby appoints Theelance as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to Theelance shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Theelance (or its Payment Services Provider, as applicable), and Theelance (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Theelance (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Theelance and not the Buyer directly. Seller agrees that Theelance may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that Theelance may deem necessary or prudent.
- Theelance partners with Payment Services Providers for purposes of collecting Product-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the Theelance platform are performed by TheelancePayment Services Providers.
- Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
- Sellers are allowed to post a select amount of active Product based on their Level status.
- 7 Product for Sellers without a Level status.
- 10 Product for Level 1 Sellers.
- 20 Product for Level 2 Sellers.
- 30 Product for Top Rated Sellers.
- Product created on Theelance are User Generated Content.
- Product and/or users may be removed by Theelance from the Site for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Product
- Spam, nonsense, or violent or deceptive Product
- Product misleading to Buyers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Buyers
- Services that extend beyond 30 days of service duration
- Exceedingly low quality Products
- Promoting Theelance and/or Theelance Products and services through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
- Products that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
- Products that are removed for violations are not eligible to be restored or edited.
- products may be removed from our Search feature due to poor performance and/or user misconduct.
- Products may include pre-approved website URLs contained within the products description and requirements box. products containing websites promoting content, which violates Theelance’s Terms of Service, will be removed.
- Products are required to have an appropriate Products image related to the service offered. An option to upload two additional Product images are available to all Sellers. Sellers must deliver the same quality of service as shown on their product images. Recurring deliveries that don’t match the quality shown on the Product images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
- Product may contain an approved Product Video uploaded through the Product management tools available on Theelance.
- Statements on the Product Page that undermine or circumvent these Terms of Service is prohibited.
- Eligible Product in select Categories may set up Product Packages to offer their services in structured formats with multiple price points for the selected Product.
- Product Extras are additional services offered on top of the Seller’s Product for an additional price defined by the Seller.
- Product Extras may be removed for violations of our Terms of Service. For specific terms, please see the Product section above for a list of services that violate our Terms of Service. Product are subject to be removed due to violations found in Products Extras.
- The amount of ProductExtras, which can be offered, and the price for each ProductExtra, is based on your Seller Level. More information surrounding your accounts eligibility for Products Extras can be found here.
- Services offered through Product Extras must be related to the base service and part of the deliverables on the order.
- Product Extras may cover different categories of services that are components to a higher quality delivered service.
- Sellers have the option to extend the duration of an order for each Product Extra that is added to the order. This is to cover the time needed to complete the extra service.
Theelance is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Theelance may reward them with new statuses, special opportunities, benefits, and tools that come with it.
- Theelance Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.
- Advancement in Levels are updated periodically by an automated system.
- The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.
- Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
- Advanced levels provide their owners with additional benefits, including offering Product for higher prices through Product Extras, or selling their Productin multiples.
Top Rated Sellers
- Top Rated Sellers are chosen manually by Theelance editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
- Top Rated eligibility is constantly evaluated by Theelance to ensure that the quality standards and expectations of the Top Rated selection is kept. Theelance retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Top Rated status and the benefits that come with it.
- Pro Sellers are pre-verified professionals who undergo a vetting process by Theelance editors. Applying for Theelance Pro is open to everyone: professional freelancers who are new to Theelance, as well as existing Theelance Sellers.
- Pro Sellers eligibility is constantly evaluated by Theelance to ensure that the quality standards and expectations of the Pro Seller selection is kept. Theelance retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.
Theelance Sellers have access to several exclusive features that help customize the way their services can be offered.
- Sellers can also send Custom Offers addressing specific requirements of a Buyer.
- Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
- Custom Offers are sent from the conversation page.
- Services provided through Custom Offers may not violate Theelance’s Terms of Service.
- Project Milestones:
- Custom Offers above $100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
- A milestone is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the order will be stopped and all further milestones will be cancelled.
- Once a milestone is delivered, Buyers may choose to either continue with the order and pay for the next milestone, or to stop the order. Please note that if you choose to stop the order, the current delivered milestone will not be cancelled.
- A Theelance Studio allows certain Sellers to collaborate with each other and offer Buyers a multi-service Product (a “Studio Product”).
- Studio Lead: Certain selected Sellers may lead and operate Theelance Studios as Studio Leads. Studio Leads are chosen manually by Theelance through an ongoing review process based on seniority, volume of sales, high ratings, exceptional customer care, high order completion rate and more. The Studio Lead is responsible for inviting all Studio Members and managing all incoming Orders, from communicating with the Buyer, through handling any required revisions and until the final delivery. The Studio Lead can also remove Studio Members from Studio Product at any time. With respect to open Orders, however, Studio Members can be removed by Customer Support only.
- Studio Members: A Studio Lead can invite other Sellers who were also chosen by Theelance to be eligible for Studios collaboration (each, a “Studio Member”) to join their Studio Product and be assigned to a specific service. Studio Members can ask to be removed from a Studio Product at any time.
- Studio Product: A Studio Product provides a bundle of services (from two services and up to five) within one Product. A Studio Product’s minimum price is PKR 15000. As Studio Products is comprised of several services, every service includes its own pricing, pricing factors, and a Studio Member / Lead that is accountable for such service, all of which is defined by the Studio Lead when creating the Studio post/products. Theelance Studios may also offer Custom Offers.
- Limitations: Each Theelance Studio has one Studio Lead. Similarly, a Studio Lead may not operate more than one Theelance Studio. A Theelance Studio can offer up to five Studio Product, each comprised of up to four Studio Members in addition to the Studio Lead. Studio Members may not be assigned to more than three Studio Product.
- Studio Product Reviews: Studio Product Buyers are able to leave a public review on the Studio Product as if it were a regular Product. The public buying rating & review is linked to and visible on the Studio Products page, the TheelanceStudio itself (studio page), as well as all Studio Members and Studio Lead of that Theelance Studio.
- Revenues: Theelance accredits the Studio Members and Studio Lead only when the entire order is completed. Studio Members should note that an Order may be cancelled due to reasons that are beyond their control (a malperformance of another Studio Member for example). If an order is cancelled for any reason, the funds paid will be returned to the Buyer’s TheelanceBalance. As with any other Order, Revenues are only made available for withdrawal by the Studio Members following a safety clearance period of either 14 or 7 days after the Order is marked as Complete, depending on the Studio Lead’s Level Status or classification (Level 1, Top Rated, Pro, etc.).
- Theelance Anywhere is a feature that allows Sellers to send Custom Offers outside of Theelance.
- Services offered through Theelance Anywhere must comply with our Terms of Service.
- Users accessing and purchasing from a Theelance Anywhere offer that are not already members of Theelance, will be required to register with Theelance to create an order.
- Sellers are required to deliver proof of completion of services in the order page. Please see our Orders section for further details.
- Communication for handling orders should be performed on Theelance, through the order page. Users who engage and communicate off of Theelance will not be protected by our Terms of Service.
- Eligible Products have the option to use Stock Images.
- “Stock Images” is a Products Extra that allows Sellers to choose from an exclusive catalog of images as part of the final delivery of work.
- Sellers earn 25% of revenue from the Stock Images Extra, for completed orders only.
- Important: Each selected Stock Image is authorized for a one time use. The selected image is integrated with the delivered work only and not as a stand-alone or for recurring use. Sellers are unauthorized to share the original image file with the Buyer or any third party.
- Important: If you cancel an order that includes a Stock Image, the usage of that Stock Image will be cancelled as well and you will no longer be able to use the Stock Image Extra on the same order.
- All Stock Images are licensed by GettyImages®, who has full ownership and copyrights to the Stock Images provided on Theelance and shall be responsible for all Stock Images and their quality.
- When using Stock Images, you represent and warrant the following:
- You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Images.
- Stock Image(s) may not be used:
- on a stand-alone basis with no other content;
- for pornographic, defamatory or other unlawful purposes;
- as templates used to create multiples copies of the same Products;
- for the purpose of enabling file-sharing of the image file; or
- in logos, trademarks, services marks or any other branding or identifiers.
- If Stock Images featuring individuals is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model.
- You may not activate the “right-click” function in Stock Images, remove any metadata in Stock Images, or reverse engineer, decompile, or disassemble the Stock Image(s) to enable the download or use Stock Images on a stand-alone basis.
- No ownership or copyrights to Stock Images are granted to you.
- Users can contact Theelance’s customer support department for assistance here.
Shipping Physical Deliverables
Some of the services on Theelance are delivered physically (arts and crafts, collectable items, etc.). For these types of Products, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
- Products that include shipping costs must have physical deliverables sent to Buyers.
- Shipping costs added to a Products only pertains to the cost Sellers require to ship physical items to Buyers.
- Important: Buyers who purchase Products that require physical delivery, will be asked to provide a shipping address.
- Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
- Theelance does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
- A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.
- To withdraw your revenue, you must have an account with at least one of Theelance’s Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with Theelance’s Payment Services Provider. All payment services, including withdrawal services will be provided by Theelance’s Payment Services Provider.
- Your Theelance profile can be associated with only one account from each Theelance withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one Theelance profile.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
- To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
- Withdrawals can only be made in the amount available to you.
- Withdrawal fees vary depending on the withdrawal method.
- Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
- In certain cases, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Theelance’s Payment Services Providers. Your Theelance Balance is always derived from its PKR value and, therefore, the local currency amount of your Theelance Balance may change daily in accordance with exchange rates fluctuations and also includes conversion fees. Sellers always have the option to withdraw Revenues in PKR.
|Withdraw to your JAZZCASH Account||3%* Plus admin 100||JazCash services Only in Pakistan|
|Theelance Revenue JAZCASH account||PKR 5000* within 2 days, or 10000 PKR within 2 hours.|
For more information, see Pricing and Fees.
|Local Bank Transfer (LBT)||if you are tax payer then free other wise bank charges will per transfer*.|
For more information, see Pricing and Fees.
|State bank of Pakistan|
|For international bank wire transfer||For international bank wire transfer per transfer*. updated bank charges will apply.|
* Additional fees may apply based on your location and currency.
- You may not offer direct payments to Sellers using payment systems outside of the Theealnce Order system.
- Theealnce retains the right to use all publicly published delivered works for Theealnce marketing and promotional purposes.
- Buyers may request a specific service from the Post a Request feature. Services requested on Theealnce must be an allowed service on Theealnce. Please click here for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Theealnce.
- Buyers pay Theealnce to create an order from a Seller’s Products page or Custom Offer, using the Order Now button. Theealnce partners with Payment Services Providers for purposes of collecting Products-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Theealnce Balances. All payments services in connection with the collection of funds on the Theelance platform are performed by Theealnce’s Payment Services Providers.
- Theealnce serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Theealnce (or its Payment Services Provider, as applicable), and Theealnce (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Theealnce (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Theealnce and not the Buyer directly.
- In addition Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or through TheealnceAnywhere.
- In most locations, Products may be purchased on Theealnce by using one of the following payment methods: Credit Card, Jazchash, Theealnce Credits or existing Theealnce Balance. Additional payment methods may apply in certain locations.
- Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees. As of May 2018, the current fees assessed to the total purchase amount are $2 on purchases up to $40 and 5% on purchases above $40.
- Your existing Theealnce Balance will be automatically applied to your next purchase.
- You may not offer Sellers to pay, or make payment using any method other than through the Theealnce.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
- By using any payment method and/or providing payment details for making purchases on Theealnce, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Theelance; and (d) such actions do not violate any applicable law.
- Buyers may pay on Theealnce in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the Order page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by Theealnce’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in PKR even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the Order.
- Buyers should note that the products’ pricing is derived always from their original PKR price and, therefore, non-PAKISTANI currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Buyers always have the option to pay in PKR by changing their selected displayed currency.
- If you paid for an Order in a currency other than PKR and your Order was later cancelled for any reason, the amount returned to your THEEALNCE Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same PKR value.
- Your THEELANCE Balance is always valued in PKR, even if it is displayed in a non-PKR currency. Therefore, should you choose to view your THEELANCE Balance in any currency other than PKR, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same PKR value. Users always have the option to view their THEELANCE Balance in PKR by changing their selected displayed currency.
- Business Tools helps you and your team to better manage your purchases and projects on THEELANCE. Through Business Tools, Buyers can create and manage business teams in which all members may use a shared payment method. Once a Buyer creates a business team, they become the sole owner and administrator of the team.
- When inviting a Buyer to a business team, the administrator authorizes such Buyer to use the team’s shared payment method. Business teams may be subject to a monthly budget limitation, as defined by the administrator. Administrators can invite and remove Buyers at any time. It should be noted, however, that removing a Buyer from a business team does not delete or affect their THEELANCE account in any way, but only removes them from the administrator’s business team.
- Buyers are asked to confirm their invitation to a business team before joining. Buyers should note that all business team members have access to information about purchases made within the team through the shared payment method.
- Invoices for purchases made by Buyers using the team’s payment method will be issued solely according to the billing information defined by the administrator.
- Buyers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the PRODUCT price shown on the PRODUCT page.
- Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
- Once payment is confirmed, your order will be created and given a unique Theelance order number (#O).
- Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their products.
- Using the Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Order completed” button when an order was not fulfilled may result in a cancellation of that order after review, affect the Seller’s rating and result in a warning to Seller.
- An order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the order was marked as Delivered.
- We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Theelance’s Customer Support department for assistance here.
- When a Buyer orders a product, the Seller is notified by email as well as notifications on the site while logged into the account.
- Sellers are required to meet the delivery time they specified when creating their product. Failing to do so will allow the Buyer to cancel the order when an order is marked as late and may harm the Seller’s status.
- Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. Theelance will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Buyers may use the “Request Revisions” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the Seller’s description on their Products page or they do not match the requirements sent to the Seller at the beginning of the order process.
- Feedback reviews provided by Buyers while completing an order are an essential part of Theelance’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
- Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Theelance platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Theelance platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Buyers are publicly displayed on a Seller’s Products page.
- Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Products page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
- Withholding the delivery of services, files, or information required to complete the Products’s service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the order will be considered completed.
- Users are allowed to leave reviews on orders up to 10 days after an order is marked as complete. No new reviews may be added to an order after 10 days.
- Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Theelance’s Customer Support department for assistance here.
- Order cancellations can be performed on Theelance, when eligible, by Customer Support or through the Resolution Center per order.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
- Theelance, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Products and the delivery may not be used if payment is cancelled for any reason.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Theelance Balance.
- Revisions to deliveries can be performed by Sellers based on the Seller’s product post and customer care. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
- Requests for revisions can be performed through the Order page while the order is marked as Delivered.
- Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.
- Theelance encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
- Eligibility for requests to Theelance to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Theelance delivery system. See below for Order specific eligibility.
- Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
- In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s Theelance Balance and will be deducted from the Seller’s Theelance Balance or, if there are no sufficient amounts in the Seller’s Theelance Balance, from future revenues of such Seller.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Products page. Buyers may rate their experience with the Seller on the order page, including the overall level of service quality received.
- Buyers must use Theelance Resolution Center to address their concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of Theelance.
- Any non-permitted usage of Theelance encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Theelance’s Terms of Service.
- Theelance Customer Support will cancel orders based on, but not limited to, the following reasons:
- Active Orders (after the Buyer submits their requirements and before the Seller delivers on Theelance)
- The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
- The user is no longer an active Theelance user due to Terms of Service violations or closure of their account.
- Delivered Orders (after the Seller clicks Complete Now and before the order is marked as complete)
- The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
- The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
- The Seller requests additional payments, on or off the Theelance platform, by withholding the final delivery of services directly related to the agreed requirements.
- The Seller is withholding the final delivery of services for improved ratings.
- Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
- Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
- Completed Orders (after the order is marked as complete and before the 14 day limitation)
- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
- Buyers who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use is found on the Seller’s Products page and cannot be retroactively included once the order is completed for over 14 days.
- Theelance Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.
- Active Orders (after the Buyer submits their requirements and before the Seller delivers on Theelance)
- Theelance does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s Theelance Balance and are available for future purchases on Theelance. Until September 1, 2019, funds returned to your Theelance Balance from cancelled orders will not include service fees paid. As of September 1, 2019, Theelance returns service fees to your Theelance Balance once an order is cancelled. In any event, if the service fees were not returned to your Theelance Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Theelance.
- Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
In certain instances, Theelance may offer you credits (“Theelance Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Products and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid Theelance Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, Theelance Credits expire following three months from their receipt. Theelance Credits serve only as an incentive to use Theelance, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, Theelance Credits may not be returned to your account even if your Order gets cancelled. Theelance Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Theelancereserves the right to modify or cancel the Theelance Credits program at any time. If you or Theelance deactivate or suspend your Theelance account, any unused Theelance Credits in your account will be forfeited.
User Conduct and Protection
Theelance enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Theelance reflect the diversity of an expanding Products economy. Members of the Theelancecommunity communicate and engage through orders, social media, and on Theelance’s Community Forums.
Theelance maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Theelance. This section relates to the expected conduct users should adhere to while interacting with each other on Theelance.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Theelance in order to circumvent or abuse the Theelance messaging system or Theelance platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
- Theelance does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the order page.
- Theelance does not provide protection for users who interact outside of the Theelance platform.
- All information and file exchanges must be performed exclusively on Theelance’s platform.
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- Theelance is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through Theelance to contract, engage with, or pay outside of Theelance.
- Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- Theelance reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Theelance (or one of Theelance’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.
- Users may report Products to Customer Support that may be in violation of Theelance’s Terms of Service based on the reported Products’s replicated similarity to pre-existing services (copycat Products).
- Sellers warrant that any content included in their Products shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Products, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Products.
- Theelance will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – Theelance does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on Theelance should be friendly, constructive, and professional. Theelance condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Theelance takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their post or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Theelance will not be protected by our Terms of Service.
Authentic Theelance Profile – You may not create a false identity on Theelance, misrepresent your identity, create a Theelanceprofile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Theelance reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – Theelance will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use – You may not use Theelance for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Theelance community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Theelance’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Theelance. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell Theelance accounts.
The Site, including its general layout, design and content, is exclusively owned by Theelance and protected by copyright and trademark law. Theelance®, Product® and Product® are all registered trademarks owned exclusively by Theelance. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
- Theelance reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
- Violation of Theelance’s Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on Theelance.
- Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Theelance’s approval.
- Disputes should be handled using Theelance’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Theelance Customer Support.
- Theelance may make changes to its Terms of Service from time to time. When these changes are made, Theelance will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Theelance after the date on which the Terms of Service have changed, Theelance will treat your use as acceptance of the updated Terms of Service.
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Theelance by our users (Buyers and Sellers) is User Generated Content. Theelance does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Theelance is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers or otherwise). We provide no warranty with respect to the Products, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Products service offers.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Theelance. Sellers advertising their Productsonline must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Products and may lead to the suspension of Seller’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: Unless clearly stated otherwise on the Seller’s Productspage/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Products and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Products (including for custom created work) charge additional payments (through Products Extras) for a Commercial Use License. This means that if you purchase the Products for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Products Extra and will have broader rights that cover your business use.
For Voice Over Products, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Products Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Products Extra. For further information on the type of buy-outs, please read below.
Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Theelance, including Products texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Theelance for no consideration for marketing and/or other purposes.
When purchasing a Voice Over Products, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to Theelance’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Theelance will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Theelance’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Theelance will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THEELANCE NOR ANY PERSON ASSOCIATED WITH THEELANCE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL THEELANCE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, THEELANCE AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with THEELANCE, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.