Definition Of Legal Relationship
This Appendix A summarizes sure pertinent contractual terms that American Arbitration Association (the “AAA”) has agreed to in offering arbitration services to Clients and Freelancers who select the AAA as their arbitrator under the Fixed-Price Escrow Instructions. Upwork and our affiliates haven’t any direct or indirect affiliate, partnership, joint venture, ownership or management relationship with or interest in the AAA. Upwork and our Affiliates assume no accountability or liability for the providers of the AAA. Pursuant to the User Agreement, we charge Freelancers a Service Fee for each cost their Client makes to the Freelancer on a Service Contract.
For Downgrades from a Compliance product, when a Freelancer contract is opened within the decrease service tier as described on this Section, the brand new contract shall be set up with the same worker classification utilized because it was under the Compliance product. Freelancer will perform the providers necessary to complete the Project in a well timed and skilled method, according to business standards, at a location, place and time (together with particular hours), that Freelancer deems appropriate. Freelancer has the only real proper to determine and management, and will decide and management, the manner and means of performing the Project. In finishing the Project, Freelancer will present and use Freelancerâ€™s personal equipment, tools, and different materials at Freelancerâ€™s personal expense.
As detailed within the User Agreement, the Site is a venue for Freelancers and Clients to search out and enter into Service Contracts with each other. Upwork isn’t liable for evaluating, investigating, or otherwise conducting any due diligence relating to Freelancers or their qualifications, abilities, background, prior expertise, employee classification, licensing, registrations or authorized or tax compliance. All data regarding a Freelancer posted on the Site or supplied as part of Team Builder Services is intended to be indicative or illustrative only and isn’t supposed to be a guarantee or guarantee on the part of Upwork. Upwork just isn’t liable for and may have no liability for Clientâ€™s use of or reliance on any Freelancer info posted or provided by or through Upwork or any expertise scout.
UTG is the agent of report for contracting functions and is not involved in Freelancerâ€™s work efficiency or completion of the Work Product. Freelancer will carry out the Project Terms with out training from UTG or Upwork Client concerning the project performance. Freelancer won’t embody within the Work Product any material that’s owned by, copyrighted by, or that requires licensing, permission or authorization from a third get together without the advance written permission of the Upwork Client. Under Hourly Contracts, either Client or Freelancer has the right to terminate the Service Contract after offering any agreed-upon notice, or immediately on the end date specified within the Service Contract terms and/or upon completion of the Freelancer Services, in the occasion of a fabric breach, or with the consent of the other celebration.
Subscriber acknowledges that it may not be capable of go away suggestions for Freelancers for Engagements under contracts which might be closed by Upwork pursuant to this provision. For the purposes of this provision, â€œUpgradeâ€ means Subscriberâ€™s election to utilize the Platform in a higher service tier and â€œDowngradeâ€ means Subscriberâ€™s election to make the most of the Platform in a lower service tier.
Depending on sure options of the Service Contract, the Service Fees might be charged either as “tiered” or “straight” pricing, as mentioned in further detail in this Section 2. Upwork and Affiliates don’t have any responsibility or control over the Freelancer Services that Client purchases.
No modification of or modification to the Team Builder Terms by Client, nor any waiver of any rights, might be effective except in writing signed by both Client and Upwork. Notwithstanding the foregoing, to the extent permitted by applicable regulation, Upwork may amend the Team Builder Terms with prior notice to Client at any time. Your continued use of the Team Builder Services after the effective date of a revised model of the Team Builder Terms or discover to you of updated Team Builder Terms constitutes your acceptance of its terms and agreement to be sure by its phrases.
Except as required by regulation or as in any other case may be agreed to by the Parties, Client remains obligated to pay the Freelancer Fees for any Freelancer Services supplied previous to termination of the Hourly Contract. These Team Builder Terms along with the Upwork User Agreement and other Terms of Service represent the whole agreement between the Client and Upwork and supersede all prior agreements and understandings with respect to the issues covered by it. Client agrees that Client did not accept the Team Builder Terms based mostly on any representations, whether or not written or oral, aside from those contained herein.