This User Agreement (“Agreement”) governs the use of Ephylink website and services (collectively, “Ephylink” or the “Site” or the “Platform” ). By using Ephylink, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you should not use the Site.
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Account Registration
In order to use certain features of Ephylink, you must register for an account. When you register for an account, you may be required to provide us with some personal information, such as your name and email address. You agree that the information you provide to us is accurate and complete, and that you will keep it up-to-date. Your Account registration is subject to approval by Ephylink. We reserve the right to decline a registration either to join Ephylink or to add an Account of any type, for any lawful reason.
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Account Eligibility
You must be at least 18 years old to register for an account on Ephylink. By registering for an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.
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Account Profile
You are responsible for maintaining the accuracy and completeness of your account profile. You may not impersonate any person or entity, or misrepresent your affiliation with any person or entity, including using another person’s username, password, or other account information.
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Account Types
Ephylink offers 2 types of accounts, including Client Accounts and Freelancer Accounts. Each account type has different privileges and restrictions, and you are responsible for complying with the terms of this Agreement that apply to your account type.
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Client Account
If you register for a Client Account, you may select, customize, and purchase projects provided by Freelancers with all payments facilitated securely through the Site. You are solely responsible for your interactions with Freelancers and the services that you receive from them. Ephylink recommends Freelancers based on internal criteria, but we do not guarantee the quality or suitability of any services provided by Freelancers.
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Freelancer Account
If you register for a Freelancer Account, you are eligible to apply for various gig roles. These roles include Project Managers, Experts, and Associates. Project Managers: These professionals lead projects within a specific solution. They coordinate the efforts of Experts and Associates to ensure project completion. Experts: These are highly skilled professionals who specialize in a particular area of expertise. Their role involves lending their knowledge and skills to projects as needed. Associates: Entry-level professionals who provide support to Experts and Project Managers throughout the duration of a project. Once your application has been reviewed and accepted, your role will determine your access to certain advanced functionalities regarding project allocation.
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Account Permissions
You may grant permissions to other users to access certain features of your account. You are responsible for any actions taken by users who have been granted permissions to access your account.
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Identity Verification
Ephylink may require you to verify your identity and location in order to use certain features of the Site, such as making payments or withdrawing funds. You agree to provide us with accurate and complete information for identity and location verification purposes, and you agree to cooperate with us in our efforts to verify your identity and location.
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Usernames and Passwords
You are responsible for keeping your username and password confidential and secure, and for all activities that occur under your account. If you believe that your account has been compromised, you should immediately change your password and contact Ephylink.
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Purpose of platform
Our platform operates as a marketplace specifically designed for AI & Machine Learning, Data Science and Analytics, Technology & Software Development, and other services, connecting clients in need of such projects with preselected freelancers who possess the necessary skills and expertise to complete the project successfully. Our platform’s goal is to offer to clients get the best value for their money. Furthermore, our platform uses an algorithm to match clients with the best freelancer for their project, taking into consideration factors such as the client's requirements, the freelancer's expertise and availability, and the project's complexity. To browse through the platform smoothly, we have created guidelines and categories to govern the work that is done on our platform. Our platform also provides users with a feedback system that enables clients to rate the quality of the work done by the freelancer. In addition, we facilitate transactions between clients and freelancers and provide tools and resources to help users manage their transactions.
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Relationship with platform
Users are independent contractors and not employees, agents, partners or joint ventures of platform. We do not control the services provided by users and do not guarantee the quality, safety or legality of the services provided. We are not responsible for any disputes or damages arising from transactions between users.
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Taxes and Benefits
Users are responsible for paying all taxes associated with their earnings on our platform. We do not provide any benefits to users, including but not limited to healthcare, retirement or insurance benefits.
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Marketplace Feedback
Users may leave feedback on their experiences with other users on our platform. We do not control the content of feedback and are not responsible for any feedback or comments made by users.
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User Content
Users are solely responsible for the content they post on our platform, including but not limited to profiles and messages. We reserve the right to remove any content that violates this Agreement or our policies.
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Contractual Relationship Between Client and Freelancer
The Platform acts as a marketplace where clients can buy AI projects provided by freelancers. The Platform does not participate in any contractual relationship between the client and the freelancer.
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Service Contracts and Direct Contracts
Clients may choose to engage with freelancers through a Service Contract. Service Contracts are agreements between clients and freelancers created on the Platform. These agreements are subject to the terms and conditions of the Platform. Direct Contracts are agreements between clients and freelancers that are not created on the Platform. The Platform does not support Direct Contacts and is not responsible for any disputes that may arise from Direct Contracts.
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Disputes Among Users
The Platform is not responsible for any disputes that may arise between users. However, the Platform may, at its discretion, provide dispute resolution services. Users agree to cooperate fully with the Platform in any dispute resolution process.
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Confidential Information
Users agree to keep all information related to the Platform, its users, and its services confidential. Users may not disclose this information to any third party without the prior written consent of the Platform.
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Worker Classification
The platform does not have an employer-employee relationship with any Freelancer. Each Freelancer is responsible for determining the status of their relationship with the platform and their clients, as well as any applicable tax obligations. The platform will not withhold taxes from any payments made to Freelancers.
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Freelancer Payment
Our platform provides flexibility for freelancers to set their hourly rate upon registration, certain boundaries may be applicable. Hourly rates remain locked for six months. During this six-month period, freelancers have the option to reduce their hourly rate if they choose to do so. However, any increase in their hourly rate can only be made after the end of the six-month period.
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Freelancer Ratings
As a freelancer, your rating is based on factors such as customer reviews, project reviews, meeting deadlines, professionalism, hourly rate, reviews between freelancers, availability, and project acceptance. Your rating is updated daily and affects your ability to receive work on our platform. We reserve the right to suspend or terminate your account if your rating falls below a certain threshold. Freelancer is selected based on rating and other criteria determined solely by the platform.
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User Ratings and Reviews
Users can rate and review each other based on their experience working together on a project. Ratings and reviews help the platform to make informed decisions about who to select for the projects. As a User of the Platform, you agree to provide honest and accurate ratings and reviews.
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Freelancer requirements
As a freelancer, maintaining professionalism is crucial. Failure to do so may negatively impact your rating. If you wish to advance to a higher role, you must apply for that new role. Freelancers are advised to work a maximum of 8 hours per day. However, you may adjust your work hours to suit your schedule, provided it aligns with the client's agreement.
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Platform Payroll Services
The platform does not provide payroll services for Freelancers. It is the responsibility of each Freelancer to manage their own payroll and tax obligations.
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Ephylink fees
Ephylink charges clients a service fee on each project they purchase through the platform. This fee is calculated as a percentage of the project price and is included in the total price before clients agree to purchase the project. The platform's fee structure is determined by the number of freelancers participating in a project:
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For projects with fewer than 3 freelancers, including 'small' projects, the platform imposes a service fee of 10% on the project fees.
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For projects with more than 3 freelancers, including both 'medium' and 'large' projects, the platform imposes a service fee of 7% on the project fees.
Ephylink charges freelancers a service fee for each project they undertake through our platform. This fee is calculated as a percentage of the freelancer payment and is deducted from the total compensation before being disbursed upon project completion. Our service fee is a flat rate of 6% applied to the freelancer payment after the completion of a project.
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Fees for Freelancers
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Freelancers are not charged any fees for using the platform. However, they are charged a service fee while working on projects within the platform.
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In certain cases, freelancers may incur payment processing fees from third-party payment processors when funds are transferred to their accounts.
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Freelancers are responsible for paying any taxes or other fees that may be required by law in connection with their use of the platform.
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Client fees
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Clients are responsible for paying the project price in full, whether it is a one-time payment or divided into milestones, as well as any applicable service fees, taxes, or other fees associated with their use of the platform.
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Platform reserves the right to withhold any applicable taxes from the payments made to freelancers.
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Clients are responsible for providing accurate payment information and ensuring that they have sufficient funds in their payment method to cover the project price and any applicable fees.
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VAT and Other Taxes
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Clients and freelancers are responsible for paying any VAT or other taxes that may be required by law in connection with their use of the platform.
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Platform may be required by law to collect and remit VAT or other taxes on behalf of clients or freelancers in certain jurisdictions.
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Platform reserves the right to withhold any applicable taxes from the payments made to freelancers.
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No Fees for Finding Projects
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Platform does not charge any fees to clients or freelancers for finding or introducing them to projects or other users on the platform.
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Platform reserves the right to offer additional services or features for a fee in the future, however, any such changes will be communicated to users in advance.
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Escrow Service
Our platform provides an escrow service to ensure that funds are held securely until a project is completed. Funds are released to the freelancer only when the client approves the completed project or when the dispute resolution process is successfully completed.
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Client Payment
Clients must pay for all work completed under a Service Contract through our platform, using the approved payment methods. Clients may not pay freelancers outside of the platform. Clients must also ensure that their payment information is accurate and up to date.
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Disbursements to Freelancers
Once funds are released from escrow, they will be disbursed to the freelancer's account on our platform. If the freelancer has selected a payment method that requires additional processing time, the disbursement may be delayed. The freelancer is responsible for ensuring that their payment information is accurate and up to date.
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Non-Payment
If a client does not pay for completed work, the freelancer may initiate the dispute resolution process. If the dispute is found in the freelancer's favor, funds may be released to the freelancer from escrow. If the client defaults on a payment plan, the freelancer may terminate the Service Contract and pursue other legal remedies.
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Fund Returns
Once funds have been released from escrow and disbursed to the freelancer's account, there are no refunds or returns available. Clients are strictly prohibited from initiating a chargeback or reversing any payment made through our platform.
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Payment methods
We accept a variety of payment methods, including credit and debit cards, and electronic payment services. Clients may be subject to additional fees depending on their payment method. Freelancers are responsible for any fees associated with receiving payments on our platform.
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Currency of payments
All payments on our platform are processed in U.S. dollars, Euros, or GBP. If a client pays in a foreign currency, our payment provider's conversion rate will be applied. The exchange rate will be updated periodically throughout the day. Freelancers are responsible for any fees or currency conversion charges associated with receiving payments in a foreign currency.
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Records of Compliance
The platform will maintain records of compliance with the terms of this agreement and applicable laws and regulations.
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Warranty Disclaimer
The platform makes no warranties or representations regarding the services provided by freelancers, or the accuracy or completeness of any information provided by clients or freelancers. The platform is not responsible for the quality or safety of any work product or services provided by freelancers.
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Limitation of Liability
We are not liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of our platform or the services provided through our platform, whether or not we have been advised of the possibility of such damages.
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Release
Clients and freelancers hereby release and waive any and all claims and liabilities against the platform arising from or in connection with the services provided by freelancers or the use of the platform.
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Indemnification
Clients and freelancers agree to indemnify and hold the platform and its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or in connection with their use of the platform or the services provided by freelancers.
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Non-Circumvention
Users agree that they will not attempt to circumvent the platform by soliciting or accepting any project, contract, or work arrangement outside of the platform, whether directly or indirectly, with any client or freelancer they were introduced to through the platform, for a period of two (2) years from the date of their last use of the platform. This prohibition on circumvention includes, but is not limited to, using any information obtained through the platform, such as client or freelancer contact information, to solicit work outside of the platform. If a user is found to have breached this non-circumvention clause, the platform reserves the right to terminate the user's account and seek any legal remedies available to it.
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Dispute Resolution
This User Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Platform is registered and operated. Any dispute, controversy, or claim arising out of or in connection with this User Agreement, or the breach, termination, or invalidity thereof, shall be settled by arbitration administered by the appropriate arbitral institution in accordance with its rules. The place of arbitration shall be the jurisdiction where the Platform is registered and operated. The language to be used in the arbitral proceedings shall be English. The arbitration award shall be final and binding upon the parties.
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Licenses and Third-Party Content
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The platform allows you to access third-party content, which may be protected by copyright, trademark, or other intellectual property rights.
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You agree to respect all intellectual property rights in the content you access through the platform.
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You agree that you will not use any content accessed through the platform for any purpose that is not expressly permitted by the content owner or by law.
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You acknowledge and agree that the platform does not grant you any ownership or other rights in the content accessed through the platform.
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Permitted Actions on the Platform
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You may use the platform only for lawful purposes and in accordance with the User Agreement
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You may create an account, post projects, and submit proposals on the platform.
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You may use the platform to communicate with other users in connection with a project.
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General
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The platform reserves the right to suspend or terminate your access to the platform if you violate the User Agreement.
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The platform reserves the right to remove any content that violates the User Agreement or is otherwise objectionable.
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This User Agreement represents the entire understanding between you and the Platform and supersedes all prior agreements and understandings. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Platform's failure to enforce any right or provision in this User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Platform in writing.
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Definitions
"Platform" means the marketplace platform that connects Clients and Freelancers.
"Client" means a user of the Platform who purchases AI projects from Freelancers.
"Freelancer" means a user of the Platform who provides projects for Clients.
"Service Contracts" means the contractual agreements between Clients and Freelancers for the provision of projects.
"Direct Contracts" means the contractual agreements between Clients and Freelancers for the provision of projects outside of the Platform.
"Escrow" means the holding of funds by the Platform on behalf of Clients and Freelancers until certain conditions are met.
"Non-Circumvention" means the prohibition of Clients and Freelancers from bypassing the Platform to avoid paying Platform Fees for projects initiated through the Platform.
"Platform Fees" means the fees charged by the Platform for the use of its services.
"Project Fees" means the fees charged by the Platform for a project. Project fees
"Dispute Resolution" means the process by which disputes between Clients and Freelancers are resolved, including arbitration administered by the appropriate arbitral institution in accordance with its rules.
"User Content" means any content, including but not limited to text, images, videos, and audio, that is posted, uploaded, or transmitted through the Platform by Users.
"Content" refers to text, images, audio, video, and other material accessible through the platform.
"User" refers to any person who uses the platform.
"Account" refers to a user’s profile on the platform.
