Hire Me Center Terms of Service
Last Updated: March 2020.
Welcome to Hiremebiz.com, operated by Business Study Market Inc (“we,” or “us,” or the “Company,” or “Hire Me”).
Acceptance of Terms
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCEPTING THESE TERMS, REGISTERING FOR ACCESS AND/OR USING THE SERVICES.
We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Site, with the date it was updated at the top of the document. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with Hire Me, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.
Eligibility and Use of the Site and Services
You must be at least 18 years of age to create an account on Hire Me and use the Services. By creating an account and using the Services, you represent and warrant that: (i) you can form a binding contract with Hire Me; (ii) you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction; and (iii) you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
Hire Me may modify, update, suspend or discontinue the Site and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Hire Me is not liable to any user or other third party for any such modification, update, suspension or discontinuance.
Overview and Definitions
Hiremebiz.com is an online marketplace that enables buyers of professional services (“Employers” or “Buyers”) to search for, enter into and manage transactions with providers of professional services (“Freelancers” or “Sellers” and, collectively with Employers, “Registered Users”). The Website contains features that enable Freelancers and Employers to do, among other things, the following:
- Create profiles, post projects, search for Freelancers, communicate with Freelancers, negotiate with Freelancers, award projects to Freelancers, manage projects, leave feedback for Freelancers, and pay Freelancers.
- Create profiles, advertise capabilities, submit quotes, negotiate with Employers, obtain project awards, invoice, obtain feedback from Employers, and receive payment from Employers.
We also provide Registered Users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website.
Capitalized terms used in these Terms of Service have the following meanings:
“Account” means the account created by the Website upon registration.
“Assumed Payment Liabilities” shall mean that portion of a Freelancer’s total service charges for a Project which Hiremebiz.com agrees to assume in consideration of the Service Charges.
“Buyers” are users who purchase services on Hiremebiz.com.
“Credits” are credits that sellers purchase on Hiremebiz.com to apply for projects.
“Disputes” are disagreements experienced during an order between a Buyer and Seller on Hiremebiz.com.
“Employer’s Acceptance of Services” shall mean: (i) with respect to an Invoice, a transfer of funds by Employer to Hiremebiz.com in respect of such Invoice or (ii) With respect to the Safe Deposit Service, the earlier to occur of the following:
(a) Employer and the Freelancer agree as to the rightful recipient of the funds or
(b) Employer and Freelancer have concluded the process comprising the Dispute Resolution Service.
“Gig/Gigs” are services offered on Hiremebiz.com.
“Hiremebiz.com Billing and Payment Services” means, collectively, the Hiremebiz.com Invoice Service and the Safe Deposit Service.
“Offers” are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
“Payment Services Provider(s)” are service providers that provide payment services to Buyers and Sellers in connection with the Hiremebiz.com platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Hiremebiz.com Balances.
“Revenue” is the money that Sellers earn from completed orders.
“Sellers” are users who offer and perform services on Hiremebiz.com.
“Service Charges” means, as applicable, the Project Fee, Employer Payment Processing Fee, Freelancer Transfer Method Fee and the Dispute Resolution Service Fee.
“Services” means, collectively, the Hiremebiz.com Billing and Payment Service, the Dispute Resolution Service and other services offered through the site.
“Task/Tasks” are requests made by a Buyer to receive a Custom Offer from a Seller.
“Website” means the world wide web site operated by Hiremebiz.com at www.Hiremebiz.com or any replacement URL.
Registration and Verification
All users are obligated to follow the registration process found on the Site. During registration, the user will be assigned their chosen login and password, which will then be used to access the Site. The user can only complete the registration process once. When registering on the Site, users are obligated to provide the necessary information for the formation of the user’s profile, including a login (email address) unique to each user, and password, the user’s first and last name. The registration form of the Site may request additional information from the user. The user chooses their own password, but we strongly recommend using passwords that are at least six (6) characters long and include both lowercase and uppercase letters, as well as numbers.
The user is responsible for the accuracy, relevance, and completeness of all information submitted by the user, as well as compliance with the legislation of the United States, when registering on the Site. The user is solely responsible for keeping the password confidential from third parties. Hire Me does not bear any responsibility in the event of a violation of the user’s rights by third parties who have received unauthorized access to the user’s login or password.
By registering on the Site, the user expressly agrees to the terms of this Agreement and assumes all rights and obligations specified in it relating to the use and operation of the Site. Upon registering, the user is granted access to Hire Me’s messaging service, which allows users to communicate with Hire Me’s administrators and other users of the Site. All correspondence carried out through the messaging service is not private and the user, by using the Services, expressly agrees that Hire Me has the right to read any message sent or received by the user. The user further agrees that Hire Me may send the user personal messages at any time and of any nature, including advertising.
The use of some of the Services is possible only after verification. After completing the registration process, the user can undergo the verification process by providing the following information: first and last name, e-mail address, date of birth, contact phone number, and the contact number of one authorized person. We reserve the right to confirm the identity of any user by requiring the user’s passport information or by conducting a virtual interview with the user.
The verified user status is provided by Hire Me at our discretion, after receiving all required and requested information from the user. We have the right to refuse verified user status for any user for any reason whatsoever, regardless of the cost and effort incurred by the user during the verification procedure. Additionally, the verified user status may be removed from a user at any time and for any reason, at our sole discretion.
After successfully completing the verification procedure, the user’s profile is complete. By completing the profile, the user hereby acknowledges that the information contained in their profile will be public and potentially accessible to all visitors of the Site.
As a condition of submitting any content to the Site or Services, you hereby acknowledge and agree that: (i) you grant to Hire Me a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, and incorporate such content into other works; (ii) you grant to Hire Me all rights necessary to publish your name and address in connection with the content you submit through the Services and acknowledge that this grant cannot be terminated or revoked by you once such content is submitted to the Site or the Services; (iii) your name and other personal information may be made available to the public and to the Service Providers with whom you contract; and (iv) you represent and warrant that you own or have secured all legal rights necessary for the content submitted by you to be used by you, Hire Me, and others as described in this Agreement. Service Providers further acknowledge that their contact information (i.e., name, contact phone number, and email address) will be provided by Hire Me to a user who selects the Service Provider once the Service Provider has been so selected.
Publication and Distribution of Content
Hire Me does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Services. You acknowledge that Hire Me simply acts as a passive intermediary and an interactive computer service provider for the publication and distribution of content. You understand that all content posted on or transmitted through the Services are the sole responsibility of the person from whom such content originated. You understand that Hire Me does not control, and is not responsible for content made available through the Services, and that by using the Services, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.
Rules for Submitting Gigs
It is prohibited to post Gigs, the purpose or subject of which includes, but is not limited to:
- Granting and receiving loans or making money transfers;
- Attracting users to third-party resources, sites, or registering users on such resources, sites;
- Advertising your own services and goods or services and goods belonging to third parties;
- Creation of reviews;
- Erotic services;
- Cheating or changing the statistics of sites, the number of subscribers in social networks, etc.;
- Ordering automatic or manual sending of invitations, messages, or newsletters to users of social networks;
- Drugs, food additives, dietary supplements;
- Adult content, or any pornographic images or services;
- Tobacco products;
- Alcohol products, ethyl alcohol;
- Precious, rare metals and stones, jewelry, including waste containing precious and rare earth metals and precious stones;
- Gold bars, investment in gold bars;
- Weapons and ammunition;
- Military equipment, spare parts, components and devices for the same, explosives, gunpowder, all types of rocket fuel, as well as special materials and special equipment for their production, special equipment of personnel of militarised organizations and regulatory and technical products production and operation;
- Pesticides and agrochemicals limited in circulation;
- Toxic substances;
- Museum objects and museum collections;
- X-ray equipment, instruments and equipment using radioactive substances and isotopes;
- Gambling, including lotteries, bookmakers and betting;
- Forex, binary auctions, bitcoin;
- Financial pyramids;
- Services for the creation, use and distribution of malicious computer programs;
- Card-sharing services;
- Services to provide unauthorised access to computer information or services for hacking into accounts of third parties or extracting classified information;
- Services for the dissemination and sale of information constituting commercial, tax or banking secrets;
- Trade / production of counterfeit credit or payment cards and other payment documents.
Rules for Submitting Reviews
As a condition of submitting any content or other materials through the Services, you agree that:
- Hire Me may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- All of your reviews and ratings will be based upon your actual first-hand experiences with the Service Providers you are reviewing;
- All of your reviews and ratings of the Service Providers that you are rating will be accurate, honest, truthful, and complete in all respects;
- You do not work for, own any interest in or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
- You are not in any way related (by blood, adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
- You have not received any form of compensation to post reviews and ratings;
- You will submit thorough and thoughtful reviews of the Service Providers you review;
- You will not submit reviews that comment on other users or the reviews of other users;
- You will not submit reviews with hyperlinks; and
- Before submitting any negative review of a Service Provider, you will first contact Hire Me support to attempt to resolve the problem.
A. Employer and Freelancer.
- Project Agreement. The engagement, contracting and management of a project are between an Employer and a Freelancer. Upon acceptance of a quote, the Employer agrees to purchase, and the Freelancer agrees to deliver, the services and related deliverables in accordance with the following agreements:
(a) the agreement between Employer and Freelancer including the Project Proposal, Project Description, and other terms and conditions as communicated between Employer and Freelancer on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by either party (collectively, the “Project Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. Employer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. Freelancer is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner. Employer and Freelancer each covenant and agrees to act with good faith and fair dealing in performance of the Project Agreement.
- Independence. Employer and Freelancer each acknowledges and agrees that their relationship is that of independent contractors. The Freelancer shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Freelancer and Employer or between Hiremebiz.com and any Employer or Freelancer.
- Services and/or products offered through the Site
Hire Me does not control the information, services and/or products offered through the Site or Services. As a result, the user accepts the condition that all goods, information and services offered or available through the Services or on the Site are in and agrees that such goods, information and services are provided by third parties who are not affiliated with Hire Me. The user assumes full responsibility and risk for the use of the Services and the Site. Hire Me does not endorse any content on the Site or Services and does not provide any guarantees for any goods, information or services supplied through the Services or through the Site whatsoever. The user assumes full responsibility for assessing the accuracy, completeness and suitability of all content, including opinions, ratings, services and other information, as well as the quality and functions of the goods provided through the Services or the Site in general.
You agree that should you use or rely on any content, data, advertisement, products, goods or services, available, or through any third party or Service Provider, Hire Me is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve Hire Me. You should perform whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging any Service Provider. You agree that Hire Me is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them. You further waive the right to bring or assert any claim against Hire Me relating to any interactions or dealings with any Service Provider, and release Hire Me from any and all liability for or relating to any interactions or dealings with Service Providers.
B. Registered Users and Hiremebiz.com.
- General. Hiremebiz.com is not a party to the dealing, contracting and fulfillment of any Project between an Employer and a Freelancer. Hiremebiz.com has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Freelancers to perform services, the ability of Employers to pay for services, or that an Employer or Freelancer can or will actually complete a Project.
Hiremebiz.com is not responsible for and will not control the manner in which a Freelancer operates and is not involved in the hiring, firing, discipline or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Freelancer. Hiremebiz.com will not provide any Freelancer with any materials or tools to complete any Project. Employers and Freelancers must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
- Third-Party Beneficiary of Project Agreement. Employer and Freelancer each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Employer and Freelancer therefore appoint Hiremebiz.com as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, Hiremebiz.com by these Terms of Service. Employers and Freelancers further agree that Hiremebiz.com has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as Hiremebiz.com in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
- Agency. These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Hiremebiz.com, except and solely to the extent expressly stated.
- (Taxes. Registered Users are responsible for payment and reporting of any taxes. Hiremebiz.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. You agree that you will abide by any and all applicable state and government tax statutes, regulations and common law. In the event Hiremebiz.com receives a notice of non-compliance with any such statute, regulation or common law, Hiremebiz.com will deem such receipt a breach of this section and will suspend your Account.
Hiremebiz.com deducts one or more of the following fees, as applicable, from payments made by Employers to Freelancers using the Hiremebiz.com Billing and Payment Services:
- Project Fee. Hiremebiz.com charges all Freelancers/Sellers/Contractors/Legal Entities a Project Fee %20. The fee is deducted from the total amount paid by an Employer for a Project.
- Employer Payment Processing Fee is Free of charge.
- Dispute Resolution Service Fee. For use of Dispute Resolution Service, irrespective of the nature of resolution and any resulting disbursements, Hiremebiz.com charges a Dispute Resolution Service Fee, equal to 5% of the total amount paid by an Employer to Hiremebiz.com for the applicable project to which such payment relates.
We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by Hiremebiz.com at any time, at the sole discretion of Hiremebiz.com and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
For our services:
Employers will pay through our payment system when selecting a freelancer:
If the contractor/freelancer requested so for a guaranteed safe payment transaction.
Or, Paying deposit of min 5 hours for work.
In this case we are still charging %20 service fees.
In case we see a lot of transactions go outside of our platform we will start promoting freelance services for fees, make priority for the one who pays fees, create better proposals and portfolio for fees etc. Will not be required but recommended for a better chance to get more jobs and more professional looking profile.
Hiremebiz.com Billing and Payment Services
- Freelancer uses credits proposals to submit quotes for Projects. If a Freelancer requires additional proposals, the Freelancer has the option to buy additional credits by purchasing one of the Credit Plans as described on the Website. We reserve the right to change membership fees, the monthly number of proposals included in the membership options or the price of Credit Plans or institute new fees at any time, at the sole discretion of Hiremebiz.com and upon reasonable notice posted in advance on the Website. No refunds of Credit Plans already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
- Buyers pay Sellers for performing tasks. Hire Me Center partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Hire Me Center Balances. All payments services in connection with the collection of funds on the Hire Me platform are performed by Hire Me Center Payment Services Providers.
- Purchases on Hire Me can be made in a US$ currency by using one of the following payment methods: Credit Card or PayPal. When purchasing on Hiremebiz.com you are required to create and connect your Stripe account and PayPal account.
- Sellers pay a 20% service fee of the total project cost to Hire Me Center. This helps us to operate our platform, advertise your services and offer 24/7 customer support for your business.
- You may not offer Sellers to pay, or make payment using any method other than through the Hiremebiz.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 Hire Me, 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 Hire Me; and (d) such actions do not violate any applicable law.
- When a Buyer orders a Gig, the Seller is notified by email as well as notifications on the site while logged into the account.
- Once payment is confirmed, your order will be created and given a unique order number.
- Sellers are required to meet the delivery time they specified when creating their Gigs. 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 to the Buyers upon their request.
- 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 contact Hire Me Center’s Customer Support department for assistance here.
- 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.
We want to avoid unnecessary legal action and would like to resolve issues without fighting, and we hope that you do too. Before commencing legal action, please get in touch with us and explain what the issue is, and how you would like for it to be solved. We will do our best to accommodate.
In the event that we are unable to reach a resolution of any claim through informal means, all such claims shall be resolved exclusively through binding arbitration, as opposed to litigation, according to the then-existing rules of the American Arbitration Association (“AAA”). Such proceedings will be governed by and in accordance with substantive Florida law and shall be decided by a panel of arbitrators or an arbitrator located in Miami-Dade County, Florida. The arbitrator(s) and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable. Each party shall bear its own costs, expenses, and attorneys’ fees incurred in connection with any claim. Any right to an award of costs and expenses (including attorneys’ fees) in this Agreement is limited to the specific circumstances set forth under such section and is not intended to provide any party with a general right to an award of costs and expenses (including attorneys’ fees), even if such party is the “prevailing party” in connection with any claim.
By using our Services, you agree and acknowledge that you waive any right to a jury trial under this Agreement.
Hiremebiz.com offers the Dispute Resolution Service to those Registered Users that have requested Hiremebiz.com to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Project that is (i) pursuant to a project posting by an Employer through the Website, (ii) pursuant to a proposal for by a Freelancer through the Website for such project posting and (iii) pursuant to an acceptance through the Website by the Employer for such proposal. Employer and Freelancer agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 10.
- Mediation. In any dispute between Registered Users relating to a Project that is eligible for Dispute Resolution Service, you agree to mediate such dispute in good faith before Hiremebiz.com for a period of ten (10) business days. Such ten business day period shall be deemed to have begun the day that either party requests Dispute Resolution Service through the Website. If the result of such mediation is acceptable to both parties in a dispute, you agree to indicate your approval of such mediation through the Website and Hiremebiz.com will disburse funds in accordance with the results of such mediation. If you are dissatisfied with the progress, or if ten (10) business days have lapsed since you have notified Hiremebiz.com of a dispute between you and a Freelancer, you agree to submit your dispute to binding arbitration as further set forth below.
- Arbitration. In any dispute between an Employer and a Freelancer which cannot be resolved through mediation, you expressly agree to and acknowledge that Hiremebiz.com or a third party chosen by Hiremebiz.com will arbitrate the dispute in accordance with these Terms of Service and the Website. a) You acknowledge and agree that Hiremebiz.com will construe any Project Agreement based on the transaction’s course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Project Agreement, (ii) the parties’ course of dealings, as evidenced by activity on or communications through the Website, (iii) the Project itself and (iv) any information or communication that the Employer and the Freelancer agree should be considered. b) Hiremebiz.com shall render its decision within five (5) business days of a failed mediation. During this time, you are encouraged to continue to negotiate an amicable settlement with the Freelancer with which you are engaged in a dispute. c) You agree that the decision of Hiremebiz.com, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator’s decision. d) In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Project that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Project in your possession and destroy any electronic copies that you have.
You agree and acknowledge that:
- Hiremebiz.com will use the e-mail address corresponding with your Account registered at the time a dispute arises to notify and communicate with you with regard to any dispute.
- You are solely responsible for the receipt of any notification or communication sent by Hiremebiz.com using the e-mail address corresponding with your Account registered at the time a dispute arises.
You agree and acknowledge that:
- Hiremebiz.com is not providing legal consulting services.
- Hiremebiz.com will not advise you regarding any legal matters.
- If you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Hiremebiz.com for any such counsel. You agree to indemnify and hold harmless Hiremebiz.com and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service. If you do not agree to use this Dispute Resolution Service under these terms, you should not request Hiremebiz.com to assume the Assumed Payment Liabilities.
Termination and Suspension
- These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or Hiremebiz.com as provided for under the terms of this section.
- Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) Hiremebiz.com shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Hiremebiz.com for any service and to any Freelancer for any services.
- Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for Hiremebiz.com or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
- When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
- Hire Me reserves the right to review and delete any content that, in our sole judgment, violates any term of this Agreement. Hire Me additionally reserves the right to remove any user from the Site and revoke such user’s access to the Services at any time for any reason. Violations that may cause a user to receive a warning or a total loss of the status as a Freelancer/Seller include, but are not limited to:
- The Freelancer/Seller has not completed his first assignment;
- The Freelancer/Seller received five or more negative reviews;
- The Freelancer/Seller has indicated his/her contact details in the comments section of the Task posting;
- The Freelancer/Seller has indicated in his profile contact details or links to third-party sites that contain contact information or provide an opportunity to otherwise contact the Freelancer/Seller, including sites for the demonstration of their work or portfolio;
- In the comments section of the Task posting, the Freelancer/Seller uses obscene or inappropriate language or discusses issues not related to the essence of the Task;
- Hire Me receives complaints about the Freelancer/Seller from Employers (e.g., rudeness, inadequate communication, violation of agreements, etc.);
- The Freelancer/Seller responded to the Task, but refused to fulfill it, without agreeing with the consumer and without deleting his offer, which led to a conflict situation or non- fulfillment of the Task;
- The Freelancer/Seller responded to the Task, but sent to perform the Task in place of himself another person who did not complete the registration process with Hire Me, without the consent of the consumer;
- The Freelancer/Seller violated the requirements for the photo posted in the profile.
Notice for California Users
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Business Study Market Inc, 1561 Lenox Ave., #9, Miami Beach, Florida 33139. If you have any questions, concerns, or complaints regarding the Services, please contact Hire Me Center by either sending: (i) an email to email@example.com; or (ii) a letter, first class certified mail, to Business Study Market Inc, 1561 Lenox Ave., #9, Miami Beach, Florida 33139.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
Trademarks and Copyrights
The Services are protected by copyright, trademark, and other laws of the United States. Nothing in these Terms gives you a right to use the Hire Me Center or Hire Me name or any of the Hire Me Center trademarks, logos, domain name, and other distinctive brand features, in whole or in part, except as expressly authorized by Hire Me. This prohibition includes, but is not limited to, unauthorized copying or distribution of any of the content displayed or used on the Site, or creating any unauthorized derivative work.
For copyright issues, Hire Me responds to legitimate requests under the Digital Millennium Copyright Act (“DMCA”). If you believe that allegedly infringing content is available on the Website and you are authorized to act on behalf of the owner of an exclusive right in that content, you may send a notice to that contains the following:
- Your physical or electronic signature
- Your contact information, such as an email address, telephone number, or mailing
- Information that identifies the copyrighted work claimed to have been infringed, or, if your notification references multiple copyrighted works, a representative list of such works appearing on our service(s)
- Information that describes the allegedly infringing material or activity that you want removed or access disabled to, and information reasonably sufficient to permit us to locate the material, such as a URL
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Warranties and Disclaimers
YOU USE THE SERVICES AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM HIRE ME, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE SITE, INCLUDING COMPUTER VIRUSES) EVEN IF HIRE ME HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, HIRE ME PROVIDES THE SITE, THE SERVICES, AND THE INFORMATION THEREIN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, HIRE ME SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO INFORMATION OR ADVICE PROVIDED ON THE SITE, BY HIRE ME, OR BY HIRE ME’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY. YOU ACKNOWLEDGE THAT HIRE ME CANNOT BE AN INSURER OF, AND CANNOT GUARANTEE THE ACCURACY, VALIDITY OR COMPLETENESS OF, THE INFORMATION PROVIDED GIVEN THAT HIRE ME HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION, REGARDING THE USERS THAT GAIN ACCESS TO OR USE THE SITE AND SERVICES AND HOW YOU MAY INTERPRET OR USE THE CONTENT ON OR IN CONNECTION WITH THE SITE AND SERVICES. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE AND SERVICES IS PROVIDED BY THIRD PARTIES THAT ARE NOT UNDER THE CONTROL OF HIRE ME. YOU FURTHER ACKNOWLEDGE THAT THE SITE AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, FAILURE, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND THAT HIRE ME IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
HIRE ME SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND HIRE ME HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
You agree to defend, indemnify, and hold Hire Me, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from: (i) any violation of these Terms or your use of the Site or Services; (ii) the inaccurate or untruthful content or other information provided by you to Hire Me or that you submit, transmit or otherwise make available through the Services; or (iii) any intentional or willful violation of any rights of another or harm you may have caused to another. We reserve the right to assume exclusive control of our defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify Hire Me. You shall not settle any dispute subject to your indemnification under these Terms without written consent from Hire Me.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HIRE ME SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT; OR (v) THE COST OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HIRE ME EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID HIRE ME, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT HIRE ME HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
These Terms will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions, to those of your state or country of residence or to those of the state or country where the violation occurred.