OVERVIEW AND DEFINITIONS
PakLancers.pk is a Pakistani online marketplace that enables buyers of professional services (“Employers”, “Clients”, “Buyers”) to search for, enter into and manage transactions with providers of professional services (“Freelancers”, “Sellers”, “Employees” and, collectively with Buyers/Clients/Employers, “Registered Users”). The Website contains features that enable Freelancers/Sellers/Employees and Buyers/Clients/Employers to do, among other things, the following:
Buyers/Clients/Employers: Create profiles, post jobs, search for Freelancers/Sellers/Employees, communicate with Freelancers/Sellers/Employees, negotiate with Freelancers/Sellers/Employees, award jobs to Freelancers/Sellers/Employees, manage jobs, leave feedback for Freelancers/Sellers/Employees, and pay Freelancers/Sellers/Employees.
Freelancers/Sellers/Employees: Create profiles, advertise capabilities, submit quotes, post their offers, negotiate with Buyers/Clients/Employers, obtain job awards, invoice, obtain feedback from Buyers/Clients/Employers, and receive payment from Buyers/Clients/Employers.
We also provide Registered Users with certain services described in, and subject to, these Terms and Conditions (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms and Conditions have the following meanings:
“Account/Profile” means the account/profile created by the Website upon registration.
“Assumed Payment Liabilities” shall mean that portion of a Freelancer/Seller/Employee’s total service charges for a Job which PakLancers.pk agrees to assume in consideration of the Service Charges.
“Dispute Resolution Service” means the service that will be resulted in a situation where Buyer/Client/Employer gets dispute with Freelancer/Seller/Employee.
“Buyer/Client/Employer’s Acceptance of Services” shall mean: (i) with respect to an Invoice, a transfer of funds by Buyer/Client/Employer to PakLancers.pk in respect of such Invoice or (ii) the earlier to occur of the following:
(a) Buyer/Client/Employer and the Freelancer/Seller/Employee agree as to the rightful recipient of the funds or
(b) Buyer/Client/Employer has not disputed a Freelancer/Seller/Employee’s invoice within the Invoice Payment Grace Period as defined in the Job Agreement between the Buyer/Client/Employer and Freelancer/Seller/Employee.
(c) Buyer/Client/Employer and the Freelancer/Seller/Employee have concluded the process comprising the Dispute Resolution Service.
“Billing and Payment Services” means, collectively, the Invoice Service.
“Service Charges” means, as applicable, the Transaction Fee, Buyer/Client/Employer Handling Fee, the Freelancer/Seller/Employee Transfer Method Fee and the Dispute Resolution Service Fee.
“Services” means, collectively, the Billing and Payment Service, the Dispute Resolution Service.
“Website” means the World Wide Web site operated by PakLancers at https://www.PakLancers.pk or any replacement URL.
A. Eligibility. To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms and Conditions. By becoming a Registered User, you agree to: (1) abide by the “Terms and Conditions” and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Job Agreement that you accept, unless such obligations are prohibited by law or by the Terms and Conditions. PakLancers.pk reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
B. Registration. To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
1. Accounts and Profiles. Once you have registered with the Website as a Registered User, the Website will create your Account with PakLancers.pk
2. Username and Password. During registration, you will be asked to choose a username, password. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username, password and security questions (if asked) and answers you use to access this Website. You authorize PakLancers.pk to assume that any person using the Website with your username, password and/or security questions and answers is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
A. Buyer/Client/Employer and the Freelancer/Seller/Employee
1. Job Agreement. The engagement, contracting and management of a job are between a Buyer/Client/Employer and the Freelancer/Seller/Employee. Upon acceptance of a quote, the Buyer/Client/Employer agrees to purchase, and the Freelancer/Seller/Employee agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Buyer/Client/Employer and the Freelancer/Seller/Employee including the Quote, Job Description, and other terms and conditions as communicated between Buyer/Client/Employer and the Freelancer/Seller/Employee on the Website or otherwise, (b) these Terms and Conditions, and (c) any other content uploaded to the Website by PakLancers.pk (collectively, the “Job Agreement”).
You agree not to enter into any contractual provisions in conflict with these Terms and Conditions. Any provision of a Job Agreement in conflict with these Terms and Conditions is void. Buyer/Client/Employer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Job Agreement in a timely manner. Freelancer/Seller/Employee is responsible for the performance and quality of the services in accordance with the Job Agreement in a timely manner.
Buyer/Client/Employer and the Freelancer/Seller/Employee each covenants and agrees to act with good faith and fair dealing in performance of the Job Agreement.
2. Independence. Buyer/Client/Employer and the Freelancer/Seller/Employee each acknowledges and agrees that their relationship is that of independent contractors. The Freelancer/Seller/Employee shall perform services as an independent contractor and nothing in these Terms and Conditions shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Buyer/Client/Employer and the Freelancer/Seller/Employee or between PakLancers.pk and any Buyer/Client/Employer or Freelancer/Seller/Employee.
B. Registered Users and PakLancers.pk
1. General. PakLancers is not a party to the dealing, contracting and fulfillment of any Job between a Buyer/Client/Employer and the Freelancer/Seller/Employee. PakLancers.pk has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of job listings, the qualifications, background, or abilities of Registered Users, the ability of Freelancer/Seller/Employee to perform services, the ability of Buyer/Client/Employer to pay for services, or that an Buyer/Client/Employer and the Freelancer/Seller/Employee can or will actually complete a Job. PakLancers.pk is not responsible for and will not control the manner in which a Freelancer/Seller/Employee operates and is not involved in the hiring, firing, discipline or working conditions of the Freelancer/Seller/Employee. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Buyer/Client/Employer and the Freelancer/Seller/Employee. PakLancers.pk will not provide any Freelancer/Seller/Employee with any materials or tools to complete any Job. Buyers/Clients/Employers and the Freelancers/Sellers/Employees must look solely to the other for enforcement and performance of all the rights and obligations arising from Job Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
2. Third-Party Beneficiary of Job Agreement. Buyer/Client/Employer and the Freelancer/Seller/Employee each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Job Agreement. Buyer/Client/Employer and the Freelancer/Seller/Employee therefore appoint PakLancers.pk as a third-party beneficiary of their Job Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, PakLancers.pk by these Terms and Conditions. Buyer/Client/Employer and the Freelancer/Seller/Employee further agree that PakLancers.pk has the right to take such actions with respect to the Job Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as PakLancers.pk in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
3. Agency. These “Terms and Conditions” and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and PakLancers.pk, except and solely to the extent expressly stated.
4. Taxes. Registered Users are responsible for payment and reporting of any taxes. PakLancers.pk is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by PakLancers.pk. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law. In the event PakLancers.pk receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, PakLancers.pk will deem such receipt a breach of this section and will suspend your Account until PakLancers.pk received an Internal Revenue Service Release.
A. Membership Fee. There is no membership fee as yet so registered users are welcome to join PakLancers.pk for Free.
B. Services Fees. PakLancers.pk deducts one or more of the following fees, as applicable, from payments made by Buyers/Clients/Employers and the Freelancers/Sellers/Employees using the PakLancers.pk
Billing and Payment Services:
1. Freelancer/Seller/Employee Transfer Method Fee. PakLancers charges all Freelancers on withdrawal. The fee is fixed that is either Instant or normal. Instant withdrawal’s fees is 300 PKR and normal withdrawal fee is 150 PKR excluded all Government taxes.
2. Buyer/Client/Employer Fee. While depositing account a Buyer/Client/Employer will be charged 0% of the total amount that is being deposited.
3. Freelancer/Seller/Employee Transfer Method Fee. If, upon a Freelancer/Seller/Employee’s request, funds are to be disbursed via available methods, a Freelancer/Seller/Employee Transfer Method Fee will be charged to the Freelancer/Seller/Employee as described here.
4. Dispute Resolution Service Fee. For use of Dispute Resolution Services, irrespective of the nature of resolution and any resulting disbursements, PakLancers.pk charges a Dispute Resolution Service Fee that is 300/- PKR and five percent (5%) of the total amount paid by Buyer/Client/Employer to PakLancers.pk for the applicable job to which such payment relates. The Dispute Resolution Fee will be chartered from both the parties and will bring back to the winning party.
C. We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by PakLancers.pk at any time, at the sole discretion of PakLancers.pk and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms and Conditions, at any time, we will not refund the membership fee already paid.
PAKLANCERS.PK BILLING AND PAYMENT SERVICES
Credit Card, Skrill, Bank Account and other Payment Methods. You hereby authorize PakLancers.pk to store credit card or other Payment Method details as a method of payment for Services, and to charge your credit card (or any other Payment Method authorized by PakLancers.pk or mutually agreed to between you and PakLancers.pk). By providing Payment Method information through the Website, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information to us; (b) you are legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law. When you authorize a payment using a Payment Method via the Website, you represent, warrant, and covenant that there are sufficient funds or credit available to complete the payment using the designated Payment Method.
To the extent any amounts owed under this Agreement cannot be collected from your Payment Method(s), you are solely responsible for paying such amounts by other means. To the extent permitted by applicable law, we reserve the right to see reimbursement from you, and you will reimburse us, if we: (i) suspect fraud or criminal activity associated with your payment, withdrawal, or use of the Website, (ii) discover erroneous or duplicate transactions, or (iii) receive any chargeback from the credit card company, bank, or other Payment Method provided by you or otherwise in connection with your Account. You agree that we have the right to obtain such reimbursement by charging any Accounts you hold with us, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your credit card or other Payment Method, or obtaining reimbursement from you by any other lawful means. If we are unable to obtain reimbursement for chargebacks for which you received Services pursuant to these Terms and Conditions, we may, in addition to any other remedies available under applicable law, suspend or revoke your access to the Website and close your Account.
DD (direct deposit). When adding and verifying a bank account, you are authorizing your bank to make/accept payments when you authorize them. Nothing can be paid from or transferred to your bank account until you take this action. Accounts used in the PakLancers.pk DD feature must be from Pakistani banks.
The current balance shown on your account is not updated instantly and may not include the amount of your latest payment/receipt. You agree that enrollment in DD payment/receipts represents your written authorization to enroll in the PakLancers.pk DD service. Your enrollment authorizes PakLancers.pk to initiate electronic payments from and/or electronic receipts to your bank account when you initiate such payments and/or receipts. You also authorize your bank to honor the transfer/payment initiated by PakLancers.pk.
PakLancers.pk reserves the right to cancel the DD payment/receipt option, change the terms of this feature, or cancel users of it at any time.
PakLancers.pk Invoice Service. Our Invoice Service enables Freelancer/Seller/Employee to issue invoices and enables Buyer/Client/Employer to make payments for services.
1. General. When a Freelancer/Seller/Employee completes a Job for a Buyer/Client/Employer, the Freelancer/Seller/Employee will complete the electronic invoice form (the “Invoice”) and submit it to PakLancers.pk via the Website. A Freelancer/Seller/Employee must complete and submit an Invoice to PakLancers.pk for each and every Job. The Freelancer will provide PakLancers.pk with a list of items, including, but not limited to, hours worked, payment required and description of Job(s), to be included on the Invoice (“Invoice Details”). Such Invoice Details will not be final until and unless such Freelancer/Seller/Employee has confirmed the accuracy of the Invoice Details or waived the right to review the Invoice Details. If a Freelancer/Seller/Employee waives his/her or its right to review the Invoice Details, all items in the Invoice Details will be included on the Invoice as received by PakLancers.pk.
DETAILS. PakLancers.pk will submit the Invoice to the Buyer/Client/Employer and the Buyer/Client/Employer shall submit the payment specified in the Invoice (“Payment”) to PakLancers.pk. When a Buyer/Client/Employer makes a payment through the PakLancers.pk Invoice Service, PakLancers.pk deducts the appropriate Service Charges due PakLancers.pk as described on the Website and delivers the remainder of the Payment to the Freelancer/Seller/Employee.
2. Hourly Invoices. For hourly Agreements, Freelancer/Seller/Employee must record hours spent providing freelance services for the Agreement by 11:59 pm Pakistan Standard Time, each Monday following the week in which such freelance services were rendered. The Freelancer/Seller/Employee irrevocably authorizes and instructs PakLancers.pk to (i) create an invoice on behalf of the Freelancer/Seller/Employee for payment due based upon the hours recorded before the deadline; and (ii) submit the invoice on behalf of the Freelancer/Seller/Employee for payment to the Buyer/Client/Employer.
By recording time and allowing the invoice to be created, the Freelancer/Seller/Employee represents and warrants (i) that the Freelancer/Seller/Employee has completed the applicable freelance services fully and satisfactorily; and (ii) that the hours the Freelancer/Seller/Employee reported are true, accurate, and complete. The Buyer/Client/Employer has through the Invoice Payment Grace Period as defined in the Agreement to review the time recorded and delay the payment or dispute the Freelancer/Seller/Employee’s invoice.
1. General. At a Buyer/Client/Employer’s request, upon payment to PakLancers.pk by Buyer/Client/Employer for services to be rendered by a Freelancer/Seller/Employee, PakLancers.pk will assume responsibility for the payment for such Freelancer/Seller/Employee’s services (applicable Service Charge).
PakLancers.pk agrees not to pay Freelancers/Sellers/Employees for services until after the occurrence of a Buyer/Client/Employer’s Acceptance of Services. You acknowledge that such funds will belong to PakLancers.pk immediately upon such funds being transferred to PakLancers.pk by you. However, PakLancers.pk agrees to refund such funds to Buyer/Client/Employer in the event that (y) a Freelancer/Seller/Employee acknowledges that services have not been completed or (z) Buyer/Client/Employer and the Freelancer/Seller/Employee have concluded the process comprising the Dispute Resolution Service with a result indicating that Buyer/Client/Employer is the rightful recipient of such funds. PakLancers.pk agrees to keep both Buyer/Client/Employer and the Freelancer/Seller/Employee informed as to the status of the Assumed Payment Liability and if, for any reason, a party requests Dispute Resolution Service regarding such status, will notify both parties that the matter will be addressed through the Dispute Resolution Service.
C. Funds Transfer.
1. General. To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms and Conditions. Notwithstanding any other provision of these Terms and Conditions, if PakLancers.pk determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms and Conditions, PakLancers.pk has the right to refuse to process such request.
2. Hold on Transfers. PakLancers.pk reserves the right, at its sole discretion, to place a hold on requested transfers if PakLancers.pk suspects monies may be subject to charge back, bank reversal, failure to clear or fraud. PakLancers.pk will release a hold as soon as practical.
D. Legal Relationship.
1. PakLancers is not your agent with respect to any funds that have been transferred to PakLancers.pk for any Assumed Payment Liabilities.
2. Each Freelancer/Seller/Employee must properly discharge and credit Buyers/Clients/Employers for all payments that PakLancers.pk makes to such Freelancer/Seller/Employee in respect of services provided to such Buyers/Clients/Employers.
3. PakLancers.pk acts as a payment provider by creating, hosting, maintaining, and providing the Billing and Payment Services to you via the Internet. PakLancers.pk does not have any control over the services invoiced or paid for with the Billing and Payment Services. Additionally, PakLancers.pk does not control whether a Buyer/Client/Employer and the Freelancer/Seller/Employee will actually complete the underlying transaction. PakLancers.pk is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any work product produced by a Freelancer/Seller/Employee as a result of an awarded Job.
Nothing in these Terms and Conditions will be deemed to constitute PakLancers.pk as your agent with respect to any service purchased and sold by Registered Users through the Website, or expand or modify any warranty, liability or indemnity stated in these Terms and Conditions.
4. By using the Billing and Payment Services, you expressly acknowledge that (a) PakLancers.pk is not acting as a trustee or a fiduciary of Buyers/Clients/Employers and the Freelancers/Sellers/Employees and that the Billing and Payment Services are provided to Registered Users administratively; (b) PakLancers.pk is not a “financial institution” and the Billing and Payment Services are payment services rather than a banking services; (c) PAKLANCERS.PK IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH PAKLANCERS.PK ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
E. Miscellaneous Payment Terms.
1. Authorized Payments are Final. Your use of the Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card or bank account. Such payments, once authorized, are final. When a Buyer/Client/Employer’s Acceptance of Services has occurred, (i) PakLancers.pk shall have no further liability to any party with respect to Payment for such services, (ii) Buyer/Client/Employer acknowledges that PakLancers.pk has provided a complete service in respect of the payment made by Buyer/Client/Employer for the Assumed Payment Liability or Invoice, as applicable and (iii) Buyer/Client/Employer hereby releases PakLancers.pk from any and all liability with respect to such Payment.
2. Fraudulent Transactions: Erroneous or Duplicate Transactions; Charge Backs. PakLancers.pk reserves the right to seek reimbursement from you, and you will reimburse PakLancers.pk, if PakLancers.pk discovers a fraudulent transaction, erroneous or duplicate transaction, or if PakLancers.pk receives a charge back or reversal from any Buyer/Client/Employer’s credit card, company or bank for any reason. You agree to and acknowledge PakLancers.pk’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by PakLancers.pk in an effort to investigate fraud. You agree that PakLancers.pk has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.
3. Currency. The Billing and Payment Services operate in “Pakistani Rupees” while if user uses any international payment gateway then the transactions will be occurred in US dollar considering the currency conversion fact therefore PakLancers.pk is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency, nor is PakLancers.pk responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account or PayPal account.
4. Exclusivity and Non-Circumvention. Buyers/Clients/Employers agree to use the Billing and Payment Services to make all payments to Freelancers/Sellers/Employees, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the Billing and Payment Services or any associated fees. As a Freelancer/Seller/Employee, you agree to use Billing and Payment Services to receive all payments from Buyer/Client/Employer identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the Billing and Payment Services or any associated fees.
5. Notification. As a Buyer/Client/Employer, you agree to notify PakLancers.pk immediately if your Freelancer/Seller/Employee solicits payment from you outside the Website. As a Freelancer/Seller/Employee, you agree to notify PakLancers.pk immediately if you’re Buyer/Client/Employer seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the Billing and Payment Services, please submit a confidential report to PakLancers.pk by contact us.
6. Agreement to Pay. If, for any reason, PakLancers.pk does not receive payment for any amounts that you have authorized to be paid through your use of the Billing and Payment Services, you agree to pay such amount immediately upon demand by PakLancers.pk. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by PakLancers.pk in collecting from you the authorized but unpaid amount. In such case, PakLancers.pk may, at its option, stop processing any further payments made by you and apply any amounts then held by PakLancers.pk on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
A. Eligibility. PakLancers.pk offers the Dispute Resolution Service to those Registered Users that have requested PakLancers.pk to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Job that is (i) pursuant to a job posting by a Buyer/Client/Employer through the Website, (ii) pursuant to a bid for by a Freelancer/Seller/Employee through the Website for such job posting and (iii) pursuant to an acceptance through the Website by the Buyer/Client/Employer for such bid. Buyer/Client/Employer and the Freelancer/Seller/Employee agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed.
1. Negotiation. In any dispute between Registered Users relating to a Job that is eligible for Dispute Resolution Service, you agree to negotiate such dispute in good faith. If the result of such negotiation is acceptable to both parties in a dispute, you agree to indicate your approval of such negotiation through the Website and PakLancers.pk will disburse funds in accordance with the results of such negotiation. If you are dissatisfied with the progress, you agree to submit your dispute to binding arbitration as further set forth below.
2. Arbitration. In any dispute between a Buyer/Client/Employer and the Freelancer/Seller/Employee which cannot be resolved through negotiation, you expressly agree to and acknowledge that PakLancers.pk or a third party chosen by PakLancers.pk will arbitrate the dispute in accordance with these “Terms and Conditions” and the Website. (a) You acknowledge and agree that PakLancers.pk will construe any Job Agreement based on the transaction’s course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Job Agreement, (ii) the parties’ course of dealings, as evidenced by activity on or communications through the Website, (iii) the itself and (iv) any information or communication that the Buyer/Client/Employer and the Freelancer/Seller/Employee agree should be considered. (b) PakLancers.pk shall render its decision within five (5) business days of escalation. During this time, you are encouraged to continue to negotiate an amicable settlement with the Freelancer/Seller/Employee with which you are engaged in a dispute. (c) You agree that the decision of PakLancers.pk, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator’s decision. (d) In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Job that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Job in your possession and destroy any electronic copies that you have.
C. Communication. You agree and acknowledge that (1) PakLancers.pk will use the e-mail address corresponding with your Account registered at the time a dispute arises to notify and communicate with you with regard to any dispute and (2) you are solely responsible for the receipt of any notification or communication sent by PakLancers.pk using the e-mail address corresponding with your Account registered at the time a dispute arises.
D. Acknowledgements. You agree and acknowledge that (1) PakLancers.pk is not providing legal services to you, (2) PakLancers.pk will not advise you regarding any legal matters and (3) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on PakLancers.pk for any such counsel. You agree to indemnify and hold harmless PakLancers.pk and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service. If you do not agree to use this Dispute Resolution Service under these terms, you should not request PakLancers.pk to assume the Assumed Payment Liabilities.
TERM; TERMINATION AND SUSPENSION
A. These Terms and Conditions shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or PakLancers.pk as provided for under the terms of this section.
B. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms and Conditions at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) PakLancers.pk shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to PakLancers.pk for any service and to any Freelancer/Seller/Employee for any services.
C. Any termination of an Account will automatically lead to the termination of all related profiles.
D. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms and Conditions or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for PakLancers.pk or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
E. In addition, violations of these Terms and Conditions may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
F. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the Billing and Payment Services or otherwise reduce fees owed PakLancers.pk under these Terms and Conditions, you must pay PakLancers.pk for all fees owed to PakLancers.pk and reimburse PakLancers.pk for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
G. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
PRIVACY AND CONFIDENTIALITY.
A. PakLancers.pk Content. Your use of the Website and the services provided therein and thereby is governed by the terms of these “Terms and Conditions” and the PakLancers.pk
IP Policy. It is your responsibility to review the PakLancers.pk IP Policy, which is incorporated by reference, and we suggest that you review the IP Policy and print a copy for yourself. The IP Policy is posted on the Website and may be updated from time to time. (We’re not currently working with this feature)
B. Registered User Content.
1. You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content”), (b) any posting or listing made in any public message area, through any email feature or through PakLancers.pk’s feedback feature (collectively, “”>Non-Multimedia Content”) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content”). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
2. You hereby assign to PakLancers.pk your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing PakLancers.pk products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
3. Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
4. We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
C. Removal of Content for which Copyright Infringement Is Claimed.
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at such website.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Freelancer/Seller/Employee to locate the material.
(d) Information reasonably sufficient to permit the Freelancer/Seller/Employee to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(g) Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
(h). Additionally, you are required to provide a Notice of Infringement form each time you wish to report alleged acts of infringement and fax it to the number provided above.
REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
A. Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
1. Not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms and Conditions.
2. To be fully responsible and liable for any action of any user who uses your Account.
3. Not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
4. Not to allow any third party who is not authorized to do so to use your Account at any time.
5. Not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
6. Not to intercept or expropriate any system, data or personal information from the Website.
7. Not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
8. That it has the right and authority to enter into the “Terms and Conditions” and to transact business hereunder.
9. That they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
10. That they will not use the Website or its services to defraud or mislead any person or entity, including without limitation PakLancers.pk or any Register User.
11. That they will not use the Website to violate any law or regulation of the Pakistan or any international law or treaty.
B. Warranty Disclaimer. THE SERVICES PROVIDED BY PAKLANCERS.PK OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
C. Limitation of Liability. IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY OR (A) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
D. General Release. If you have a dispute with another Registered User, you release PakLancers.pk (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
E. Indemnity. You agree to defend, hold harmless and indemnify PakLancers.pk from and against any and all losses, costs, expenses, damages or other liabilities incurred by PakLancers.pk from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against PakLancers.pk: (1) in connection with your use of the Services including any payment obligations incurred through use of the Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms Conditions; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Freelancer/Seller/Employee; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Freelancer/Seller/Employee. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
F. Links. The Website may contain links to third-party web sites not under the control or operation of PakLancers.pk. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
G. Data. You are responsible for creation, storage, and backup of your business records. These Terms Conditions and any registration for or subsequent use of this Website will not be construed as creating any responsibility on PakLancers.pk’s part to store, backup, retain, or grant access to any information or data for any period.
MISCELLANEOUS TERMS AND CONDITIONS
A. Compliance with Law. You are responsible for compliance with applicable Pakistan federal and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
B. Modification and Waiver. PakLancers.pk will not be considered to have modified or waived any of our rights or remedies under these Terms and Conditions unless the modification or waiver is in writing and signed by an authorized representative of PakLancers.pk. No delay or omission by PakLancers.pk in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
C. Severability. If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
D. Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms and Conditions to anyone without the express written permission of PakLancers.pk, and any attempt to do so will be null and void. PakLancers.pk may assign these Terms and Conditions in its sole discretion.
E. Please feel free to contact PakLancers.pk to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at contact@PakLancers.pk.
F. Force Majeure. Except for the payment of fees to PakLancers.pk, neither of the parties to these Terms and Conditions shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
G. Headings and Labels. The boldface paragraph headings in these Terms and Conditions are included for ease of reference only and have no binding effect.
H. Integration. These “Terms and Conditions” and all documents referenced in these Terms and Conditions (including the policies listed and available by hyperlink) comprise the entire agreement between you and PakLancers.pk with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.