Rental And Lease Agreements
When you publish User Content on the Site or by way of the Site Services or provide Upwork with User Content, you perceive and acknowledge that you’re solely answerable for such User Content. Further, you symbolize and warrant that you have the best, energy, and authority to (a) submit that User Content with out violating the rights of third parties, and (b) grant the licenses specified under. Client acknowledges and agrees that Client is solely answerable for enterprise the required research and due diligence to gauge any Freelancer and any Freelancer data posted or posted or supplied by or via Upwork or any expertise scout. Client assumes all accountability for participating any Freelancer primarily based on any Freelancer info acquired in reference to Team Builder Services. For purposes of the Team Builder Terms, “Longer Engagements” are defined as Hourly Engagements of more than 3 months with a weekly minimum payment in an amount equal to no less than 30 hours of Freelancer Services at the fee agreed on by the Client and Freelancer (hereinafter, “Weekly Minimum Payment”).
For instance, if the Client Bill Rate is $25.00 per hour, the Payroll Employee’s Pay Rate would be $19.25. All fees are paid by the Client, and there aren’t any Upwork charges paid by Freelancers for engagements using Upwork Payroll. Client acknowledges and agrees that Payroll Employees usually are not workers of Upwork and that Upwork doesn’t supervise or control Payroll Employees. The Staffing Provider has the right not to hire a Freelancer for any lawful cause or no cause at all, together with if the Freelancer does not meet the Staffing Provider’s standards for employment or the job is taken into account, within the Staffing Provider’s sole discretion, too hazardous or not coated by the applicable employees’ compensation insurance policy. No Payroll Employee could also be engaged to carry out companies that require the Payroll Employee to deal with hazardous materials or operate heavy equipment.
The Software is licensed, not sold, to you for use pursuant to the phrases of this EULA. All rights not expressly granted to you might be reserved to Upwork or its licensors or third get together providers. You acknowledge that Upwork or its licensors or third celebration providers personal all rights, title and curiosity, together with without limitation all Intellectual Property Rights, in and to the Software, parts thereof, or any info or materials provided through or at the side of the Software.
In addition to the Bill Rate, Client acknowledges and agrees that will probably be responsible for any further prices required underneath applicable legislation. These further costs vary based on the situation of the Payroll Employee and embrace extra time premiums, expense reimbursements, sick go away, vacation, severance, discover or termination prices, medical health insurance (together with prices underneath the Affordable Care Act), and other comparable advantages (collectively, “Additional Costs”). The whole amount the Client pays is the “Bill Rate”, which incorporates the Payroll Employee’s hourly rate or wage quantity (the “Pay Rate”) as well as Upwork charges. The Client can pay Upwork’s service charges for using the platform and the use of Upwork Payroll (collectively, the “Payroll Service Fees”).
You could not use the Software in any method that might injury, disable, overburden or impair the Site, nor may you employ the Software in any method that might intervene with another party’s use and delight of the Site. You agree that you will use the Software for lawful purposes and only in compliance with all relevant legal guidelines, together with but not limited to copyright and different mental property legal guidelines. In addition, you shall not perform, nor launch the results of any testing of the Software to any third party without the prior written consent of Upwork. You also agree not to remove, obscure, or alter any copyright notice, emblems or other proprietary rights notices contained within or accessed at the side of or via the Software. If Client and Freelancer each do not make the Arbitration Payment by the Arbitration Limitations Date, then Client and Freelancer might be deemed to have approved and instructed Upwork Escrow to, and Upwork Escrow will, launch the disputed funds to Client, to the extent that any disputed funds remain in the Escrow Account, if no funds remain Upwork will shut the Dispute.
Your rights to make use of the Software shall be restricted to these expressly granted in this Section 1. All rights not expressly granted to you’re reserved by Upwork, its licensors or third get together suppliers.
You agree not to modify, show, adapt, translate, loan, distribute, prepare derivative works from, decompile, reverse engineer, disassemble or in any other case attempt to derive source code from the Software. You may not publish, redistribute, sublicense or promote the Software or any info or materials related to the Software.