Terms Of Use

1. General

Welcome to 5iverr.This is a website that connects 5iverr independent contractors with clients for the provision of freelance services in business and admin, marketing, legal and finance, web and programming, multimedia, design and creative, writing and translation, and more

We ask that you take the time to carefully read these terms of service, as your use of our website in whatever way (including without limitation accessing, logging on to or using our services), its information and services means that you fully agree to being legally bound by the terms hereafter explained, and our privacy policy, incorporated herein by reference.

You will hitherto be bound by the terms as set out, and you must immediately exit the website if you are not in total agreement with these provisions.

We have the exclusive right to at any time adjust, modify, add to or delete from these terms of use without prior notice to users. We therefore ask that you occasionally check back on this page for changes to these terms of use. Your use of the 5iverr website after any modification represents and shall be deemed as your acceptance of the changes.

2. Eligibility

This website is provided exclusively for the use of persons who have reached the legal age of 18 and are able to form a legally binding contract. If you are not 18, you must at least be up to the legal age of reasoning and be able to form a legally binding contract, as determined by your jurisdiction, in order to qualify to use our services. While this website is operated from the Republic of Uganda these terms of use are construed under the laws of the Republic of Uganda, our services are open to international users, provided that they comply with all local applicable laws regarding internet usage. We grant all eligible users a limited, revocable, nonexclusive, non-assignable, and non-sub licensable license to use 5iverr in compliance with these terms.

3. Definitions

  1. To provide and deliver the service that you request.
  2. You/your: Used interchangeably, this shall mean a user of the website, whether a freelancer or a client/buyer.
  3. Client/buyer: This shall mean an individual or company who is desirous of securing the services of a freelancer through 5iverr.
  4. Freelancer: This means a person who offers his/her services through 5iverr.Job offer/Services: This shall include all professional services provided by a freelancer. These shall include all types of freelancing assignments such as but not limited to business and admin, marketing, legal and finance, web and programming, multimedia, design and creative, writing and translation etc.
  5. Job request: This is the formal agreement that shall exist between a client and a freelancer after a purchase has been made from the freelancer’s page, posted by a buyer.
  6. Proceeds: This is the money freelancers earn from completed job requests.

4. Copyright policy and intellectual property

All materials available and provided through this website (without limitation including all data, text, sounds, graphics, articles, representations, reports, or any other information or software programs) are either copyrighted and trademarked by or licensed to 5iverr.

All of these materials are fully and duly protected by UG intellectual property laws as well all other relevant laws. All rights fully reserved.

You may not remove any trademark, copyright, or other proprietary notices from the website and content in your use of the website.

Except you have our prior written permission, you may not modify the website’s content; remove or modify any copyright, trademark or any other proprietary right notices placed in the website content; and/or engage in any modification, republication, reproduction, redistribution, posting, uploading, transmitting, distributing or any misuse of the services and the website content (whether in part or in full).

Any presentations or print outs of the 5iverr website content must be stamped © 5iverr, 2018. All rights reserved.

No right, interest or title in or to the services or the website content is to be deemed transferred to you by your use of our website, and all rights not specifically granted are reserved by 5iverr.

Any use of the services not expressly permitted by these terms is a breach of this agreement and shall be deemed to have violated copyright, trademark and other laws.

If you are found to be in the violation any of the above mentioned conditions concerning our copyright, we will immediately withdraw the license granted you to use the website and our services. We may also file a criminal and/or civil case against you in such an event.

5. Account registration

So as to be able to gain access to and use specific sections of our website, we will ask you to complete an online registration process, which will require you to supply personal information like your name, contact details, and bank/credit card information.

You hereby confirm that all information you provide to 5iverr, both during the registration process and in your subsequent use of the website, are honest, complete and accurate. We may terminate your account and/or refuse your use of our services if any information you provide is discovered to be false, incorrect or deliberately misleading.

It is your sole duty to maintain the security of your log in details including your username and password, and you will be held liable for any unauthorized use of your account or password. Please note that you are allowed to have and operate only one 5iverr account, except otherwise permitted by us in writing.

6. Acceptable use of the site

As a user, you are not to abuse any part of the 5iverr website for illegal purposes including but not limited to the propagation of unlawful, harassing, hostile, defamatory, harmful, offensive, or otherwise obnoxious material.

  1. You may not utilize or try to use any software, device, or process to interfere with the proper working of 5iverr.com, or violate or attempt to violate its security.
  2. You may not under any circumstances meddle with any other user’s use of the website; or use the website to spread content that emboldens criminal acts, or otherwise violates any relevant laws or regulations
  3. You are not to make, transfer or store electronic duplicates of any material protected by copyright without 5iverr written consent.
  4. You may not use the website to exchange any adult oriented or pornographic materials; or to bully and/or harass other users.
  5. We expressly prohibit any attempt to publish or send malicious content with the intention of compromising another user’s account. You may not publish or post other people’s private and confidential information.
  6. You may not infringe on the copyright or trademark of third parties.
  7. Users are limited to only one active account, and we will promptly bar users’ access to multiple accounts.
  8. You also may not sell or buy 5iverr accounts.
  9. You must not use or endeavor to use any software, procedure or device to interfere with the correct working of the website.
  10. You may not use the 5iverr website to distribute content that encourages or inspires racist and/or criminal offenses.
  11. You must not circumvent, or endeavor to evade any security measures available on the website; and/or send any junk e-mail to other 5iverr users.
  12. You are not to use our website to transmit, duplicate, store, or send materials and content containing spyware, computer viruses, or other malevolent computer software.
  13. You are not to use our services to offer any products or services that are illegal.
  14. Do not attempt to gain unauthorized access to any information or data available on the 5iverr website or to any of the networks that we use in providing the service.
  15. You may not use our services to violate any of our policies, rules, or guidelines, or violate any applicable law or regulation in your use of the website.
  16. You may not act in a manner that imposes an unreasonable burden on our infrastructure, or on our third-party providers.
  17. You are prohibited from transmitting, emailing or posting to any other user any picture, information or other material, which in the rational opinion of 5iverr is sexually explicit, racist, abusive, threatening, obscene or libelous, sexually suggestive; and/or transmit, post or email to any other user any representations, information or other material, which in our opinion has the capability to offend other users’ political or religious beliefs.
  18. Do not reverse engineer any aspect of the website in an effort to access source codes, underlying ideas, or algorithms.
  19. You must not use any kind of software or device to “crawl” or “spider” any part of the website.
  20. If we find you to be in violation of any or all of the provisions of these terms, we will hold solely accountable for all legal costs and losses arising out of your violation. 5iverr may also terminate your use of the website without any prior warning if you breach any of these terms.

7. General terms for all 5iverr users

To be able to do business (whether as a client or as a freelancer) on 5iverr, you must first register as a 5iverr user. Visitors are not allowed to do business on the website.

The base starting price of provided services on the website is $5. Freelancers however have the power and the choice (at their discretion) of offering their services at more than $5.

To create a job request, clients are required to pay in advance. Such job requests can be created by clicking on the job request button found on the freelancer’s personal page.

Freelancers have an obligation to fulfill clients’ job requests, and cannot cancel job requests indiscriminately or without cause. Canceling job requests repeatedly will adversely affect freelancers’ reputation, status and their ability to secure future job requests.

5iverr users are strictly prohibited from offering or receiving payments using other methods or through other means different from placing a job request on the website.

All rights to delivered job requests are transferred to the client, except otherwise specified by the freelancer on their 5iverr page.

5iverr reserves the right to use all published delivered works on the website for its marketing and promotion purposes.

8. Specific terms for freelancers

Once registered, freelancers have the power to job offers/services on the website that allows them to advertise their services and allows clients to purchase such services.

  1. We will notify you by email and through SMS notification when a client places a new job request your subscribed category.
  2. A freelancer must deliver proof of work or completed files using the Deliver job button available on the Job page in harmony with the service that was purchased and advertised on his/her page. A job request is deemed complete after the job request is marked as delivered and then rated by the purchasing client.
  3. It is our policy to automatically mark a job request as complete if not rated by client and if no revision request is made three days after such a job request is marked as delivered.
  4. Should a job request be cancelled for any reason at any time before it is deemed complete, the funds paid by client will be refunded to the client account balance.
  5. Freelancers must meet the delivery time specified, as failure to do so give the client the right to cancel due to lateness. Several job requests marked late may affect the freelancer’s status and ability to get future work.
  6. A freelancer can choose to cancel a job request without the client’s consent, and without any explanation. This will however have a negative effect on the freelancer’s status.
  7. Both freelancers and clients are responsible for scanning all transferred files for viruses and malware. We will not be held responsible for any damages which might occur due to website usage, use of content or files transferred.
  8. Clients may ask for a revision by clicking on the “Request Revision” button located on the Job request page, if the delivered materials are not consistent with the freelancer’s description on their Freely page or do not match the client’s requirements at the beginning of the job request process.
  9. While the base starting price of services offered on the website is $5, freelancers may however offer their services at more than $5 at their discretion.
  10. This website operates on a commission basis. For each job request that you successfully complete, we will credit your account with a net of 80% and 20% will be used to facilitate the website.
  11. Freelancers can only withdraw their proceeds by requesting that we transfer such funds into their verified account.
  12. Proceeds earned will only become available for withdrawal after a safety clearance period of 7 days after a job request is marked as complete. You understand that you can only make withdrawals in the amount available to you.
  13. Once you begin a withdrawal process, the process is final and cannot be undone.
  14. We may temporarily disable a freelancer’s ability to withdraw proceeds to prevent fraudulent or illegal activity especially in the case of reported improper behavior, or associating multiple 5iverr accounts to a single withdrawal provider.
  15. We may at our discretion remove a freelancer’s job offer/service at any time for violations to these terms of service. Such violations include but are not restricted to illegal services; pornographic, inappropriate and/ or obscene content; copyright or trademark infringement; intentional copies of other freelancers freely; aggressive, violent or spam services; services that go beyond one month of service duration; violation of a third party’s terms and conditions; and/or the resale of regulated goods. We may also temporarily suspend the account of such an offending freelancer in the case of such violations.
  16. Freelancers are not to restore or edit and then repost services that are removed for violations. Doing this shall be automatic grounds for termination of that freelancer’s license to use this website.
  17. While services offered may include pre-approved website links, those containing websites that promote content that violate 5iverr’s terms of use will be immediately removed.

For services offered on the 5iverr website that require the physical delivery of goods, freelancers at their discretion may add shipping charges but only with the approval of the client. Shipping arrangements must be made by the freelancer, and you agree that 5iverr does not in any way handle or guarantee shipping, quality, tracking, as well as condition of items or their delivery. We shall not be in any way or manner is responsible or liable for any damages or other difficulties resulting from shipping.

As much as is possible, we ask that our clients and freelancers attempt to settle conflicts and disputes amongst themselves. Should both parties be unable to reach a logical resolution, you can contact 5iverr for assistance.

9. Specific terms for clients

Clients must pay 5iverr in advance in order to create a job request. Such job requests can be created by clicking on the job request button found on the freelancer’s personal page. You can make the purchase by using a Credit, Debit, Master card or through PayPal. Once your payment is confirmed, we will create your job request and give it a distinctive job request number for the sake of easy tracking and referencing.

Clients may under no circumstances try to outwit 5iverr by offering freelancers direct payments using payment systems outside of our job request system. You must also immediately notify us if any freelancer asks you to make payment for jobs using any method other than through the 5iverr website.

If a job request is cancelled for any reason whatsoever, any funds paid by you will be refunded to your 5iverr account balance for feature purchase.

If a freelancer does not meet the delivery time specified, you have the right to cancel the job. In this case, you will be entitled to a refund back to your account balance.

A freelancer may at any given moment cancel a job request without your consent, and without any explanation. This will however have a negative effect on the freelancer’s status.

Both freelancers and clients are responsible for scanning all transferred files for viruses and malware. We will not be held responsible for any damages which might occur due to website usage, use of content or files transferred.

You can ask for a revision by clicking on the “Request Revision” button located on the Job request page, if the delivered materials are not consistent with the freelancer’s description on their 5iverr page or do not match the your requirements at the beginning of the job request process.

5iverr reserves the right to use all published delivered works on the website for its marketing and promotion purposes.

We may charge administrative fees and additional processing fees at the time of purchase. Clients may however review and either accepts or decline the total amount requested to pay.

As much as is possible, we ask that our clients and freelancers attempt to settle conflicts and disputes amongst themselves. Should both parties be unable to reach a logical resolution, you can contact 5iverr for assistance.

If at Any time your account is terminated for Abusing our services, any amount on your account will be refunded to you after 90 days and you have to contact us about your revenue.

10. 5iverr reviews

5iverr uses the feedback reviews provided by clients to rate our freelancer’s performance. Once a job is delivered, a client has three days to respond and to post a review. If no response is provided within that period, the job request will be considered completed and delivered.

These feedback reviews show the client’s total experience with the freelancers and their service, and must come from legitimate sales executed exclusively through the 5iverr platform from users within the community

11. DISCLAIMERS AND LIMITATION OF LIABILITY

The www.5iverr.com website is provided only on an “as is and as available” basis, and we make no representations or give any assurances that it will satisfy your expectations or meet your requirements. We make no warranties of any kind, direct or otherwise, regarding the operation of the freelly website or the content, information, and any other material displayed therein.

We disclaim all other warranties, express or implied (including without limitation implied warranties of merchantability, suitability, and fitness for a particular purpose) to the full extent allowable by applicable law. We shall in no way bear any liability for any loss/damage (whether direct, secondary, penal, related, or far-reaching) in connection with your use of this website.

We will not be liable for any condition brought about by events outside of our control that may cause services to be late, interrupted, or corrupted; or for any injuries, losses or damages of any kind that you may incur arising in connection with, or as a result of, using www.5iverr.com

We make no assurances as to the continuity of the website or that it remain error free, that mistakes once discovered will be rectified or that the website and its services are virus-free or free from any other injurious components. www.5iverr.com disclaims all warranties regarding the content of the freelly website, including, but not limited to inaccuracies, broken links, or typographical errors.

We will not be liable for any content, advice or information posted to the website by users. Nothing posted on the website is intended to serve as or constitute medical or legal advice or replace your personal physician’s/attorney’s advice and recommendations.

5iverr makes no representations regarding the honesty, accuracy, lawfulness, completeness, timeliness or dependability of any documents or information posted by users, or of any other form of communication engaged in by users. You agree that any dependence on documents and any other information posted or offered by users, or on any other form of communication with users, will be at your own risk.

To the full extent that is allowable by law, 5iverr will not bear any liability for any direct, unintended or consequential loss, hurt or damage whatsoever (including without limitation the loss of business, information, opportunity, profits or revenue) arising out of or linked to your use of this website.

5iverr, its owners, affiliates, officers, managers, workers, advertisers, subsidiaries, or agents are not responsible for and will not be liable for any direct or non-direct damages resulting from or in connection with services, the access to, or the inability to use or access, the site and/or any document, whether or not freelly has been duly advised of the possibility of such damages.

Nothing in these terms and conditions shall be construed so as to exclude or limit the liability of freelly for death or personal injury as a result of the negligence of freelly or that of its employees or agents.

The limitations set forth in the preceding paragraphs may not be applicable to users who live in jurisdictions that do not allow the limitation or exclusion of liability for incidental or consequential damages.

12. Waivers

You understand and admit that no waiver of any provision of these terms of service will be deemed a waiver of any similar provision, or a waiver of that provision at a later date. 5iverr failure to enforce any term of this contract shall not be taken as a waiver of 5iverr rights hereunder at any time to enforce the strict compliance thereafter with every term hereof.

13. Severance

Should any provision of these terms be adjudged to be invalid or unenforceable for any reason by a Ugandan court having expert jurisdiction, then such a provision shall be made void while the remaining provisions shall survive and continue to be binding and enforceable.

14. Indemnification

You hereby agree to indemnify, shield and hold 5iverr.com innocent against any and all expenses, claims and fees (including but not limited to attorney fees and all other legal costs), and restitutions in relation to your use of the website.

15. Links to other websites

We may occasionally provide hyperlinks to the websites and/or resources of other establishments, connection platforms, e-commerce websites as well as other third party websites on the 5iverr website. We specifically ask that you do not take the provision of such hyperlinks as an endorsement of the processes, content, products and/or services of any such linked third party websites, except we clearly state so. As a user, your use of third party websites is completely at your own risk.

16. Governing law

This agreement is construed under and governed by the laws of the Republic of Uganda. Both parties consent to submit to the exclusive jurisdiction of the courts located in the republic of Uganda, to resolve any and all disputes arising out of, or related to this agreement or the violation of any provision of this contract.