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“Work Product” means any tangible or intangible outcomes or deliverables that Freelancer agrees to create for, or really delivers to, Client on account of performing the Freelancer Services, including, but not restricted to, configurations, laptop applications, or different info, or custom-made hardware, and any intellectual property developed in connection therewith. “Client” means any authorized User utilizing the Site or Site Services, together with Direct Contract Services, to hunt and/or obtain Freelancer Services, together with from another User. In reference to the Site Terms of Use, you may be entitled to receive, or we may in any other case present, sure information from Upwork or our Affiliates, similar to contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to offer these information to you electronically instead of in paper type. No modification or amendment to the Terms of Service shall be binding upon Upwork unless they are agreed in a written instrument signed by a duly authorized representative of Upwork or posted on the Site by Upwork.

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Upwork Business and Enterprise Clients are charged the speed(s) offered in the relevant Business or Enterprise Client contract and are not charged a separate Payment Processing Fee, except otherwise provided within the applicable Enterprise Client contract. Client will need to have an Account in good standing and a sound and verified default Payment Method, and Client should agree to routinely pay for hours billed by Freelancer within the Hourly Invoices.

Immediately upon termination of the API Terms, all licenses granted to Developer will stop and all data retrieved from the Upwork API or Site Services should be deleted. The provisions of the API Terms will control over any inconsistent provisions of the Upwork Terms of Service, and the Upwork Terms of Service, as modified and supplemented by the API Terms, will remain in full force and effect. Any “shrink wrap” or “click on wrap” license settlement or any other terms and conditions associated with Developer’s Application is null and void, just isn’t applicable hereunder, and is expressly excluded. These third events might have access to your Personal Information in order to perform these duties on our behalf.

Within the Hourly Invoice Review Period, Client must submit a Dispute specifically figuring out the time billed that is not clearly related to both the Hourly Contract requirements or Client directions in the Work Diaries. Upwork critiques Client’s dispute of quantities invoiced on Freelancer’s Hourly Invoice for an Hourly Contract with Work Diaries pursuant to this Agreement and determines that the time is related to the Hourly Contract necessities or Client’s instructions. Notwithstanding the foregoing, all hours recorded and submitted by Payroll Employee on the Upwork website might be deemed approved by Client routinely, and Client authorizes and irrevocably instructs Upwork Escrow to launch funds for these hours to be paid to the Staffing Provider by Client’s account every Monday following the week by which the hours had been worked. Upwork may droop or terminate Developer’s use of the Upwork API at any time if we imagine you have violated the API Terms or Upwork Terms of Service, or if we imagine the supply of the Upwork API within the Developer Application just isn’t in our or our users’ finest interests.

Client and Freelancer are encouraged to come to a mutual settlement if refunds or cancellations are necessary. If there aren’t any funds in escrow, Client or Freelancer can cancel the contract at any time by clicking to close the contract. If funds are held in escrow, refunds and cancellations must be initiated by Client or Freelancer by following the steps under. You must pay the Client Membership Plan charges, if any, by way of your Client Escrow Account.

To enforce and comply with the law, including to conduct an investigation, to guard the property and rights of Upwork or a third get together, to guard the security of the general public or any individual, or to stop or cease exercise we may think about to be, or to pose a threat of being, unlawful, fraudulent, unethical or legally actionable exercise. We and our third get together service suppliers, together with analytics and third party content material suppliers, may mechanically gather sure info from you whenever you access or work together with the Service. We could combine this mechanically collected log data with other data we gather about you. We do this to improve companies we offer you, and to improve advertising, analytics, and web site functionality.

Each Client Membership Plan fee, if any, and every Flat Payment Processing Fee, if relevant, covers a month-to-month billing period starting on the date that you simply first make fee and ending one month later. For example, if you select the Upwork Plus plan and are charged on the 15th of the month, the billing interval will end on the 14th of the next month. You irrevocably authorize and instruct Upwork Escrow to automatically cost the charges for the Client Membership Plan, if any, to your Client Escrow Account at the beginning of every billing interval. This authorization will remain in full pressure and effect until you modify your settings in your Profile to alter your Client Membership Plan, otherwise notify us that you just want to revoke your authorization by contacting Customer Support, or cancel your Account. You irrevocably authorize and instruct us to mechanically charge the fees for the Client Membership Plan, if any, to your Client Escrow Account initially of every billing interval.