Updated: January 1, 2018
By placing an order via this site you (the “Client”):
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THIS AGREEMENT. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY OR AGENCY.
By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Royal Mail Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Site and the Site Services, and you will no longer be permitted to use the Site or the Site Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site or by contacting Customer Support.
To access and retain the records and notices we provide to you electronically, you will need: (a) a valid email address; (b) a computer system that operates on a platform like Windows or Mac; (c) a connection to the Internet; (d) Current Versions of the software, browsers, plug-ins, or other computer applications and programs identified on the Site (Users utilizing other browsers may experience compatibility difficulties); (e) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (f) a computer or device and an operating system capable of supporting all of the above; and (g) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form. By “Current Version”, we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all of the records and notices we send to you electronically. By accepting and agreeing to this Agreement electronically, you represent that (x) you have read and understand the above consent to receive records and notices electronically; (y) you satisfy the minimum hardware and software requirements specified above; and (z) your consent will remain in effect until you withdraw your consent as specified above.
To use certain Site Services, you must register for an Account. My Contact London offers the Site Services for your business purposes, and not for personal, household, or consumer use. You must have, and hereby represent that you have, an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation or other entity) unless you use the Site solely as an employee and Agency Member of a registered Agency Account. To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts. When you register for an Account, or if you had an Account on the Effective Date, use this Site or the Site Services after the Effective Date, you also must agree to the terms of this Agreement. By registering for an Account, by using the Site or Site Services after the Effective Date if you had an account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described on the Site; (b) be financially responsible for your use of the Site and the purchase and/or delivery of Freelancer Services; and (c) perform your obligations as specified by any Service Contract that you accept, unless such obligations are prohibited by applicable law or this Agreement. My Contact London reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates this Agreement, or for any other reason or no reason in My Contact London ’s sole discretion. You represent that you are not: (x) a citizen or resident of a geographic area in which access or use of the Site is prohibited by applicable law, decree, regulation, treaty, or administrative act; (y) a citizen or resident of, or located in, a geographic area that is subject to U.K. or other sovereign country sanctions or embargoes.
You agree to provide true, accurate, and complete information on all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You must not provide false or misleading information about your location. You must not provide false or misleading information about your business, your skills, or the services your business provides. You must not register for more than one Client Account and one Freelancer Account without express written permission from us (except that you may register as an Agency Member of other Accounts as provided below). You must not ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity. You authorize My Contact London, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business when requested.
When you register for an Account, you will be asked to choose a username and password for the Account.
For the benefit of other Users of the marketplace, My Contact London encourages you to leave objective balanced feedback about Users with whom you have transacted. You acknowledge and agree that feedback results for you will consist of comments, ratings, and other feedback left by other Users, and that My Contact London will make available to other marketplace Users, including composite feedback based on these individual ratings. My Contact London provides its public feedback system as a means through which Users can share their opinions publicly and My Contact London does not monitor or censor these opinions. My Contact London does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that My Contact London do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. My Contact London is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, My Contact London reserves the right (but is under no obligation) to remove posted feedback or information that in My Contact London ’s sole judgment violates the Terms of Service or negatively affects our marketplace community or operations.
The Site is a marketplace where Clients and Freelancers can identify each other and buy and sell Freelancer Services online. Subject to the terms of this Agreement, My Contact London provides the Site Services to Clients and Freelancers, including hosting and maintaining the Site, enabling the formation of Service Contracts, and coordinating disputes related to those Service Contracts. If a Client and Freelancer agree on terms for Freelancer Services, a Service Contract is formed directly between such Client and Freelancer, subject to the provisions set forth in Section 5 (Contractual Relationship Between Client and Freelancer). When a User enters a Service Contract, the User uses the Site to engage, communicate, invoice and pay online.
You acknowledge and agree that when Freelancer applies to a Contract presented by any Client, Client and Freelancer will be deemed to have entered into a “Service Contract”. The Freelancer is obliged to make themselves available for contact, and is obliged to work. You acknowledge and agree that My Contact London is not a party to any Service Contracts, and that the formation of a Service Contract between a Client and a Freelancer will not, under any circumstance, create an employment or other service relationship between My Contact London and the Freelancer.
Whilst every effort is made by My Contact London to give satisfaction to the Client by providing a Freelancer of integrity and of a reasonable standard of skill and reliability, no liability will be accepted by My Contact London for any loss, expense, damage or delay arising from any failure to provide a particular Freelancer for all or part of the Engagement or from the negligence, dishonesty, misconduct or lack of skill of the Freelancer provided whether willful or otherwise. If the Client has any serious complaint that could give them the right to withhold payment about the Freelancer such complaint must be made by telephone and confirmed in writing, within 48 hours of the event forming the basis of the complaint. In any event the Client waives any rights to withhold payment until after notification.
A Freelancer provided by My Contact London is deemed to be the responsibility of the Client from the time at which the Freelancer reports to begin the Engagement and for the duration of the Engagement. The Client agrees to be responsible to third parties for all acts, errors and omissions be they willful, negligent or otherwise as though the Freelancer were the direct employee of the Client and the Client will in all respects comply with the statutory bye-laws and legal requirements to which the Client is ordinarily subject in respect of all the Client’s own staff. The Client acknowledges that it is responsible for providing the Freelancer with a safe working environment during the Assignment. To comply with health & safety legislation, the Client will carry out such risk assessments and provide such comprehensible information to a Freelancer as may be required to ensure that a Freelancer is made aware of particular risks arising out of their engagement.
The Client hereby undertakes to insure against all risks to third parties arising out of any acts or defaults of the Freelancer during the assignment and to indemnify My Contact London against all claims, costs and damages arising out of the assignment. The Client further undertakes to insure the Freelancer for all risks in respect of claims by third parties. The obligations of the Client to take out and maintain insurance shall extend (but not be limited) to the client’s liability and public liability insurance. Any failure by the Client to meet its insurance obligations shall not reduce or eliminate its obligations to indemnify My Contact London.
When a Client pays a Freelancer, or when funds related to an Engagement are otherwise released to a Freelancer, My Contact London will credit the Freelancer and then deduct and disburse to My Contact London a service fee that My Contact London earns and Freelancer agrees to pay My Contact London for creating, hosting, maintaining, and providing the Site and Site Services (the “Service Fee”).
My Contact London does not introduce Clients to Freelancers and does not help Freelancers secure Engagements. My Contact London merely makes the Site Services available to enable Freelancers to do so themselves. Therefore, My Contact London does not charge a fee when a Freelancer finds a suitable Client or finds an Engagement. However, Client and a Freelancer are obligated to use the Site to pay and receive payment for their work together if they identified each other through the Site, as detailed in Section 7 (Non-Circumvention), below.
My Contact London automatically disburses funds that are payable to Freelancer for the Engagement (less any applicable My Contact London fees) to Freelancers (according to the payment instructions provided to My Contact London) within 7 days after the Freelancer Fees are due and payable from Client. Freelancer agrees that it will not receive interest or other earnings on the funds held by My Contact London prior to disbursement to Freelancer. If we determine in our sole discretion that you have violated the conditions and restrictions of the Site or this Agreement, My Contact London may hold the disbursement of the Freelancer Fees. Additionally, My Contact London may also hold the disbursement of the Freelancer Fees if: (a) we require additional information, such as Freelancer’s tax information, government-issued identification, address, or date of birth; (b) we have reason to believe the Freelancer Fees may be subject to dispute or chargeback; (c) we suspect fraud; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under a Service Contract, this Agreement, or other Terms of Service; (e) we deem necessary in connection with any investigation; or (f) required by applicable law. In cases of fraud, abuse, or violation of this Agreement, My Contact London reserves the right to revoke any payments and hold and/or reclaim all Freelancer Fees due to Freelancer (not just the Freelancer Fees from the Service Contract(s) under investigation) unless prohibited by applicable law. In addition, we reserve the right to seek reimbursement from you, and you will reimburse us, if we suspect fraud or criminal activity associated with your payment, withdrawal, or Engagement; if we discover erroneous or duplicate transactions; or if we have supplied our services in accordance with this Agreement yet we receive any chargeback from the Payment Method used by you, or used by your Client if you are a Freelancer. You agree that we have the right to obtain such reimbursement, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your Payment Method, or obtaining reimbursement from you by any other lawful means.
If Client fails to pay the Freelancer Fees or any other amounts due under this Agreement, whether by cancelling Client’s credit or debit card, initiating an improper chargeback, or any other means, My Contact London may suspend or close Client’s Account and revoke Client’s access to the Site, including Client’s authority to use the Site to process any additional payments or obtain any additional Freelancer Services. To the extent permitted by applicable law, My Contact London, at our discretion, may set off amounts due against other amounts received from or held by My Contact London for Client, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
Client acknowledges and agrees that we will charge Client’s designated Payment Method for the Fees: (a) for Fees. Therefore, and in consideration of the Site Services provided by My Contact London and the escrow services provided by My Contact London, Client agrees that once We charge Client’s designated Payment Method for the Fees as provided in this Agreement, the charge is non-refundable, except as otherwise required by applicable law. Client also acknowledges and agrees that this Agreement provides a dispute resolution process as a way for Client resolve disputes. To the extent permitted by applicable law, Client therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any Fees or other Fees charged pursuant to this Agreement for any reason. A chargeback in breach of the foregoing obligation is a material breach of this Agreement. If Client initiates a chargeback in violation of this Agreement, Client agrees that My Contact London may dispute or appeal the chargeback and institute collection action against Client.
My Contact London will have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Freelancer Fees. Freelancer will be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Freelancer Fees and for issuing any invoices so required. Freelancer will also be solely responsible for determining whether: (a) Freelancer or My Contact London is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Freelancer Fees and remitting any such taxes or charges to the appropriate authorities on behalf of itself or My Contact London, as appropriate; and (b) My Contact London is required by applicable law to withhold any amount of the Freelancer Fees and for notifying My Contact London of any such requirement and indemnifying My Contact London (either by My Contact London, at our sole discretion, offsetting the relevant amount against a future payment of Freelancer Fees to Freelancer or Freelancer reimbursing My Contact London for the applicable amount) for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of My Contact London, Freelancer agrees to promptly cooperate with My Contact London and provide copies of Freelancer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Freelancer is engaging in an independent business as represented to My Contact London.
In order to use certain Site Services, Client must provide account information for at least one valid Payment Method. The Site makes the following methods of payment available: credit cards, in some cases bank accounts, PayPal, and such other methods of payment as My Contact London may accept from time to time in our sole discretion. Client hereby authorizes My Contact London to run credit card authorizations on all credit cards provided by Client, to store credit card and banking or other financial details as Client’s method of payment for Services, and to charge Client’s credit card (or any other Payment Method). Credit cards and PayPal accounts and, if applicable, bank accounts in most countries will be charged by My Contact London. By providing Payment Method information through the Site, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information to us; (b) Client is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the Site, Client represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
In the rare event that a Freelancer’s Client does not make payment for legitimate services performed by a Freelancer, My Contact London will provide limited payment protection to the Freelancer as detailed in this Section 6.9 (“Payment Protection”) as a membership benefit to foster fairness, reward loyalty, and encourage the Freelancer to continue to use the Site Services for their business needs.
My Contact London only provides Payment Protection to Freelancers working on Hourly Contracts and only if all of the following criteria are met: (a) Client has a verified Payment Method, (b) the time represented is captured online using the My Contact London Software, and (c) the Freelancer Services performed pertain directly to the Service Contract. My Contact London determines whether the foregoing criteria have been met at our sole discretion. Without limiting the foregoing, Payment Protection does not apply to: (w) Freelancers, Freelancer Services, or Service Contracts violating of this Agreement, (x) Freelancers that are aware of or complicit in another User’s violation of this Agreement, or (y) Freelancers that are suspected (in My Contact London’s sole discretion) of actual fraudulent activities or abuse of this Payment Protection.
Except if you pay the Opt-Out Fee, you agree not to circumvent the Payment Methods offered by the Site. By way of illustration and not in limitation of the foregoing, you must not:
1. Submit proposals or solicit parties identified through the Site to contact, hire, work with, or pay outside the Site.
2. Accept proposals or solicit parties identified through the Site to contact, deliver services, invoice, or receive payment outside the Site.
3. Invoice or report on the Site or in an Opt-Out Fee request an invoice or payment amount lower than that actually agreed between Client and Freelancer.
You agree to notify My Contact London immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to My Contact London by sending an email message to: firstname.lastname@example.org
Client assumes all liability for determining whether Freelancers are independent contractors or employees and engaging them accordingly; My Contact London disclaims any liability for such determination or the related Engagement. This Agreement does not create a partnership or agency relationship between Client and Freelancer. Freelancer does not have authority to enter into written or oral (whether implied or express) contracts on behalf of My Contact London. For Service Contracts classified as independent contractor relationships, Client may not require an exclusive relationship between Client and Freelancer. A Freelancer classified as an independent contractor is free at all times to provide Freelancer Services to persons or businesses other than Client, including any competitor of Client.<
Client and Freelancer will each (1) create and maintain records to document satisfaction of their respective obligations under this Agreement; any Service Contract, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (2) provide copies of such records to My Contact London upon request. Nothing in this subsection requires or will be construed as requiring My Contact London to supervise or monitor a User’s compliance with this Agreement, the other Terms of Service, or a Service Contract.
My Contact London is not a party to the dealings between Client and Freelancer, including contracting, and performance of Freelancer Services. My Contact London does not introduce Freelancers to Clients or help Freelancers find Engagements. My Contact London merely makes the Site Services available to enable Freelancers to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Freelancers for themselves. My Contact London does not, in any way, supervise, direct, or control Freelancer or Freelancer’s work. My Contact London does not set Freelancer’s work hours, work schedules, or location of work, nor is My Contact London involved in determining if the Freelancer Fees will be set at an hourly or fixed rate for a Service Contract. My Contact London will not provide Freelancer with training or any equipment, labor, or materials needed for a particular Service Contract. My Contact London does not provide the premises at which the Freelancer will perform the work. My Contact London makes no representations about, and does not guarantee the quality, safety, or legality of, the Freelancer Services; the truth or accuracy of Freelancer’s listings on the Site; the qualifications, background, or identities of Users; the ability of Freelancers to deliver the Freelancer Services; the ability of Clients to pay for the Freelancer Services; or that a Client or Freelancer can or will actually complete a transaction. My Contact London does not deduct any amount for withholding, unemployment, Social Security, or other taxes for Client or Freelancer, each of which is solely responsible for all tax returns and payments required to be filed with or made to local tax authority in any nation with respect to Freelancer’s performance, and Client’s acceptance, of Freelancer Services. My Contact London is not required to and may not verify any feedback or information given to us by Freelancers or Clients, nor does My Contact London perform background checks on Freelancers or Clients. You hereby acknowledge and agree that My Contact London may provide information on the Site about a Freelancer or Client, such as feedback, composite feedback, including a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that Freelancers or Clients voluntarily submit to My Contact London and does not constitute and will not be construed as an introduction, endorsement, or recommendation by My Contact London; My Contact London provides such information solely for the convenience of Users.
Client and Freelancer appoint My Contact London as a third-party beneficiary of their Service Contracts for purposes of enforcing any obligations owed to, and any benefits conferred on, My Contact London hereunder. For example, Section 5.1(c) and Section 5.1(d) of this Agreement prohibit certain terms in any Service Contract and My Contact London is hereby made a third-party beneficiary for purposes of enforcing such prohibitions. Client and Freelancer further agree that My Contact London has the right to take such actions with respect to their Accounts, including, without limitation, suspension, termination, or legal actions, as we, in our sole discretion, deem necessary to enforce our rights as a third-party beneficiary under the Service Contracts. This Agreement and any Account registration will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between Users and My Contact London, except and solely to the extent expressly stated in this Agreement.
(General – Service Contracts) and any additional or different terms expressly agreed by Client and/or Freelancer will constitute the entire agreement and understanding of Client and Freelancer with respect to each Service Contract and will cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them.
The terms and conditions set forth in this Section 12 (General – Service Contracts) and any additional or different terms expressly agreed by Client and/or Freelancer will constitute the entire agreement and understanding of Client and Freelancer with respect to each Service Contract and will cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them.
You expressly acknowledge, agree, and understand that: (a) the Site is merely a venue where Users may act as Clients and/or Freelancers; (b) My Contact London is not a party to any Service Contracts between Clients and Freelancers; (c) you are not an employee of My Contact London, and My Contact London does not, in any way, supervise, direct, or control the Freelancer or Freelancer Services; (d) My Contact London will not have any liability or obligations under or related to Service Contracts or any acts or omissions by you or other Users; (e) My Contact London has no control over Freelancers or the Freelancer Services offered or rendered by Freelancers; and (f) My Contact London makes no representations as to the reliability, capability, or qualifications of any Freelancer or the quality, security, or legality of any Freelancer Services, and My Contact London disclaims any and all liability relating thereto.
The Site makes available various services provided by third parties to verify a User’s credentials and provide other information. Any information or content expressed or made available by these third parties or any other Users is that of the respective author(s) or distributor(s) and not of My Contact London. My Contact London neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than My Contact London’s authorized employees acting in their official capacities.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites are owned and operated by the third parties and/or their licensors. Your access and use of third-party websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party websites. You acknowledge and agree that My Contact London is not responsible or liable for: (a) the availability or accuracy of third-party websites; or (b) the content, advertising, or products on or available from third-party websites. You are responsible for deciding if you want to access third-party websites by clicking on a link or installing an application. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website via the Site is on an “as is” and “as available” basis without any warranty for any purpose.
When using our mobile applications, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. Our mobile applications may not contain the same functionality available on the Site.
We may from time to time in our sole discretion develop and provide Site Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we do not have any obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You will promptly download and install all Updates and acknowledge and agree that Site Services or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be subject to the terms of this Agreement, unless otherwise provided in terms associated with such Update. My Contact London reserves the right, at any time, to modify, suspend, or discontinue Site Services or any part thereof without notice. You agree My Contact London will not be liable to you or any third party for any modification, suspension, or discontinuance of Site Services or any part thereof.
To the extent a Client or Freelancer provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Freelancer Services (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use by Freelancer); and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Freelancer Services.
If and when Confidential Information is no longer needed for the performance of the Freelancer Services for a Services Contract or at Client’s or Freelancer’s written request (which may be made at any time at Client’s or Freelancer’s sole discretion), the party that received Confidential Information, will, at its expense, promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. The party that received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of disclosing party’s written request for such certification.
Without limiting Section 15.1 (Confidentiality), Client, Freelancer, and My Contact London will not publish, or cause to be published, any other party’s Confidential Information or Work Product, except as may be necessary for performance of Freelancer Services for a Services Contract.
YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. MY CONTACT LONDON MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MY CONTACT LONDON DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 20 (TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST MY CONTACT LONDON WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
My Contact London is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:
1. your use of or your inability to use our Site or Site Services;
2. delays or disruptions in our Site or Site Services;
3. viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
4. glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
5. damage to your hardware device from the use of the Site or Site Services;
6. the content, actions, or inactions of third parties’ use of the Site or Site Services;
7. a suspension or other action taken with respect to your account;
8. your reliance on the quality, accuracy, or reliability of job postings, freelancer profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Site; and
9. your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
ADDITIONALLY, IN NO EVENT WILL MY CONTACT LONDON, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF MY CONTACT LONDON, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED ANY FEES RETAINED BY MY CONTACT LONDON WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT OR FREELANCER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
In addition to the recognition that My Contact London is not a party to any contract between Client and Freelancer, you hereby release My Contact London, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Freelancer Services provided to Client by a Freelancer and requests for refunds based upon disputes. Procedures regarding the handling of certain disputes between Users are discussed in subsection 8.4 (Dispute Resolution). This release will not apply to a claim that My Contact London failed to meet our obligations under this Agreement.
You will indemnify, defend, and hold harmless My Contact London, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to: (a) use of the Site and the Site Services by you or your agents, including any payment obligations incurred through use of the Site Services; (b) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a Freelancer as an independent contractor; the classification of My Contact London as an employer or joint employer of Freelancer; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with this Agreement by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.
My Contact London has the right, but not the obligation, to suspend or revoke your access to the Site and Site Services if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the Terms of Service or violated our rights or those of another party. Without limiting My Contact London’s other rights or remedies, we may suspend or close your Account, use self-help in connection with our rights to reclaim funds, and refuse to provide any further access to the Site or the Services to you if (a) you breach any terms and conditions of this Agreement or other Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, other Users, or My Contact London.
Termination of this Agreement and/or closing of your Account will not relieve Client of the requirement to pay for Freelancer Services performed prior to the effective date of the termination or thereafter for any Service Contracts executed before termination of this Agreement, which fees and expenses, together with any applicable taxes, Client hereby authorizes My Contact London to charge to its Payment Method pursuant to Section 6 (Payment Terms). Subject to the applicable Dispute Resolution Policies, My Contact London will pay Freelancer, in accordance with the provisions of Section 6 (Payment Terms) for all time recorded in the Time Logs incurred prior to the effective date of the termination or thereafter for any Service Contracts executed before termination of this Agreement. Except as otherwise required by applicable law, we will notify you if we close your Account, unless we believe, in our sole judgment, that giving notice may cause damage. You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users, including both yourself and other Users who have entered into Service Contracts with you. You therefore agree as follows: IF MY CONTACT LONDON DECIDES TO SUSPEND OR CLOSE YOUR ACCOUNT, MY CONTACT LONDON HAS THE RIGHT BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR CLOSED ACCOUNT STATUS, AND (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT SUSPENSION OR CLOSURE.
After this Agreement terminates, the terms of this Agreement that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting Confidential Information, requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.
If a dispute arises between you and My Contact London or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, you, My Contact London, and our Affiliates agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, your relationship with My Contact London (including any claimed employment with My Contact London or one of its Affiliates or successors), the termination of your relationship with My Contact London, or the Site Services (each, a “Claim”) in accordance with this Section. For the avoidance of doubt, Claims include, but are not limited to, all claims, disputes, or controversies arising out of or relating to the Terms of Service, any Service Contract, escrow payments or agreements, any payments or monies you claim are due to you from My Contact London or its Affiliates or successors, trade secrets, unfair competition, false advertising, consumer protection, privacy, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, termination, discrimination or harassment. You agree that any Claim must be resolved as described in the subsection below titled “Informal Dispute Resolution”.
Before serving a demand for arbitration of a Claim, you agree to first notify My Contact London of the Claim by email to email@example.com and My Contact London agrees to provide to you a notice at your email address on file (in each case, a “Notice”) and seek informal resolution of the Claim. Any Notice from you must include your name, pertinent account information, a brief description of the Claim, and your contact information, so that we may evaluate the Claim and attempt to informally resolve the Claim. Any Notice from My Contact London must include pertinent account information, a brief description of the Claim, and My Contact London’s contact information, so that you may evaluate the Claim and attempt to informally resolve the Claim. Both you and My Contact London will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
This Agreement, sets forth the entire agreement and understanding between you and My Contact London relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in this Agreement are included for ease of reference only and have no binding effect. Even though My Contact London drafted this Agreement, you represent that you had ample time to review and decide whether to agree to the terms of this Agreement. If an ambiguity or question of intent or interpretation of this Agreement arises, no presumption or burden of proof will arise favoring or disfavoring you or My Contact London because of the authorship of any provision of this Agreement.
Notwithstanding subsection 22.1 (Entire Agreement), Clients and Freelancers may enter into any supplemental or other written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.). The terms and conditions of this Agreement, however, will govern and supersede any term or condition in a side agreement that purports to expand My Contact London’s obligations or restrict My Contact London’s rights under this Agreement.
No modification or amendment to this Agreement will be binding upon My Contact London unless in a written instrument signed by a duly authorized representative of My Contact London. For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices, but will include facsimiles. This Section 22.3 (Modifications) does not apply to amendments to this Agreement posted by My Contact London to the Site from time to time.
The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of such party.
User may not assign this Agreement, or any of its rights or obligations hereunder, without My Contact London’s prior written consent in the form of a written instrument signed by a duly authorized representative of My Contact London (and, for the purposes of this subsection, a written instrument will expressly exclude electronic communications such as email and electronic notices, but will include facsimiles). My Contact London may freely assign this Agreement without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.
If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party will be extended by the period of such delay. Irrespective of any extension of time, if an event of Force Majeure occurs and its effect continues for a period of 60 days, either the party may give to the other a 30-day notice of termination. If, at the end of the 30 day period, the effect of the Force Majeure continues, the Agreement will terminate.
All notices to My Contact London or our Affiliates intended to have a legal effect must be in writing and delivered either (a) in person; (b) in writing via email to firstname.lastname@example.org . All such notices are deemed effective upon receipt by My Contact London. My Contact London does not accept service of any legal process by email or mail; all such service should occur by hand delivery on My Contact London or its registered agent for service of process.
“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with My Contact London. “Client” means any authorized User utilizing the Site to seek and/or obtain Freelancer Services from another User. From time to time, My Contact London may act as a Client, and the terms and conditions of this Agreement applicable to Clients will apply to My Contact London when My Contact London acts in this way. “Client Deliverables” means requests, intellectual property, and any other information or materials that a Freelancer receives from a Client to perform Freelancer Services. “Confidential Information” means Client Deliverables, Freelancer Deliverables, Work Product, and any other information provided to, or created by, a User for a Service Contract or to perform or assist in performing Freelancer Services, regardless of whether in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Freelancer or Client; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information. “Engagement” means an engagement for Freelancer Services that a Freelancer provides to a Client under a Service Contract on the Site. “Freelancer” means any authorized User utilizing the Site to advertise and provide Services to Clients.
“Freelancer Deliverables” means requests, intellectual property, and any other information or materials that a Client receives from a Freelancer for a particular Service Contract. “Freelancer Fees” means: (a) for an Hourly Contract, an amount equal to the number of hours recorded by Freelancer in the Time Logs, multiplied by the hourly rate set by the Freelancer; “Freelancer Services” means all services performed for or delivered to Clients by Freelancers. “Hourly Contract” means a Service Contract for which Client is charged based on the hourly rate set by the Freelancer. “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. “Payment Method” means a valid credit card issued by a bank acceptable to My Contact London, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as My Contact London may accept from time to time in our sole discretion. “Service Contract” means, as applicable, (a) the contractual provisions between a Client and a Freelancer governing the Freelancer Services to be performed by a Freelancer for Client for an Engagement; and the additional agreements referenced in Section 5.1 (Service Contracts). “Site Services” means all services that are accessible through the Site. “Substantial Change” means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.
If you have questions or need assistance, please contact Customer Support at email@example.com
SCHEDULE: SCALE OF FEES
Salary Band Fee
Up to £15,999 17.5%
£16,000 to £24,999 20%
£25,000 + 25%
Retained Assignments 30%
SCHEDULE: SCALE OF REFUND
1 The following Scale of Refund only applies in the event that the Client complies with the provisions of clause 3.1 of these Terms of Business.
2 Where the Applicant leaves during the first 6 weeks of the Engagement, a refund of the introduction fee shall be paid to the Client in accordance with the scale set out below, subject to the conditions in clause 4.1.
Leaving Time Percentage of fee refunded
Weeks 1 and 2 60%
Weeks 3 and 4 40%
Weeks 5 and 6 20%
SCHEDULE: SCALE OF FEES
Salary Band Fee
Up to £15,999 – 17.5%
£16,000 to £24,999 – 20%
£25,000 – 25%
Retained Assignments – 30%