The Five Elements Of A Contract
Such instruction can also be Client’s representation that Client has acquired, inspected, and accepted the subject work or expense. elsewhere within the Terms of Service, or have the meanings given such terms on the Site. The Escrow Instructions on this Agreement don’t apply to Fixed-Price Escrow Accounts, besides that they govern the making and receiving of bonus, expense and different miscellaneous payments for Fixed-Price Contracts.
Capitalized phrases not outlined herein are defined within the User Agreement or elsewhere in the Terms of Service. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM THE PERFORMANCE OR MISPERFORMANCE OF THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. his Freelancer Membership Agreement (“Agreement”) is between you and Upwork Global Inc. (“Upwork Global”) or Elance Limited (“Elance Ltd.”) as described under in Section 1 (Parties).
Without limiting the foregoing, Client’s instruction to Upwork Escrow and its wholly owned subsidiaries to pay a Freelancer is irrevocable. Such instruction is Client’s authorization to switch funds to Freelancer from the Client Escrow Account or authorization to cost Client’s Payment Method. Such instruction is also Client’s illustration that Client has obtained, inspected and accepted the topic work or expense. Client acknowledges and agrees that upon receipt of Client’s instruction to pay Freelancer, Upwork Escrow will transfer funds to the Freelancer and that Upwork, Upwork Escrow, and other Affiliates haven’t any responsibility to and may not have the ability to recover such funds. Therefore, and in consideration of companies described in this Agreement, Client agrees that after Upwork Escrow or its subsidiary has charged Client’s Payment Method, the charge is non-refundable.
While we try to ensure that any data we submit is both timely and accurate, errors might seem from time to time. We don’t make any representations or warranties with respect to any info that’s posted on the Site by us or anyone else.
Additionally, the usage of various Payment Methods offered by way of the Site and the Site Services may incur added charges or costs. All Payment Methods shall be posted on the Site along with any associated fees or costs, which we may replace once in a while at our sole discretion. You hereby authorize us to charge to you and to gather from you (consistent with this Agreement, the User Agreement, or elsewhere in the Terms of Service) any charges, charges, or taxes described on this Section 2. Client’s instruction to Upwork Escrow and its wholly owned subsidiaries to pay a Freelancer is irrevocable.