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Terms of Service – Translance Help Center http://support.translance.net Translance Help Center Mon, 19 Nov 2018 14:10:10 +0000 en-US hourly 1 https://wordpress.org/?v=4.8.24 User Agreement http://support.translance.net/knowledge-base/user-agreement/ Sat, 03 Jun 2017 10:47:47 +0000 http://support.translance.net/?post_type=ht_kb&p=572  

Effective Date: April 12, 2017

This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and translance.net, to the extent expressly stated, our affiliates Translance.net Escrow Inc. (“Translance.net Escrow”) and Elance Limited. You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located at all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates (collectively, the “Site”), all services (except the Freelancer Services), applications and products that are accessible through the Site and all Translance.net mobile applications that link to or reference this Agreement (“Site Services”) whether provided by us or our Affiliates.

This Agreement includes and hereby incorporates by reference the following: Translance.net Fee Agreement; Terms of Use; Cookie Policy; Privacy Policy; Freelancer Membership Agreement; Proprietary Rights Infringement Reporting Procedures; Fixed-Price Escrow Instructions, as such agreements may be in effect and modified by Translance.net from time to time (collectively, with this Agreement, the “Terms of Service”).

Subject to the conditions set forth herein, Translance.net may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site and will provide reasonable advance notice of any amendment that includes a Substantial Change. If the Substantial Change includes an increase to Fees charged by Translance.net, Translance.net will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”).

YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE MANDATORY BINDING ARBITRATION. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY OR AGENCY.

1. DIGITAL SIGNATURE

By registering for an Translance.net account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically, effective on the date you register your Account or click to accept the Terms of Service. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms of Service, and any amendments.

2. CONSENT TO USE ELECTRONIC RECORDS

In connection with the Terms of Service, you may be entitled to receive certain records from Translance.net or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form.

2.1 Your Consent and Your Right to Withdraw Consent

We reserve the right, in our sole discretion, to communicate with you via the Phone number and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it.

2.2 Keeping Your Address and Email Address Current With Us

In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site or by contacting Customer Support.

3. TRANSLANCE.NET ACCOUNTS

3.1 Account Eligibility

To use the Site and certain Site Services, you must register for an Account. Translance.net offers the Site and Site Services for your business purposes only, and not for personal, household, or consumer use. To use the Site and Site Services, you must have, and hereby represent that you have, an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation or other entity) and further represent that you intend to use the Site and Site Services for your business purposes only, unless you use the Site and Site Services solely as an employee and Agency Member of a registered Agency Account. You understand that you must comply with any licensing or registration requirements with respect to your business, and you represent that you comply with all such requirements. To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts. By registering for an Account, by using the Site or Site Services after the Effective Date if you had an account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to: (a) abide by this Agreement and the other Terms of Service; (b) be financially responsible for your use of the Site and the purchase or delivery of Freelancer Services; and (c) perform your obligations as specified by any Service Contract that you enter into, unless such obligations are prohibited by applicable law or the Terms of Service. Translance.net reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates the Terms of Service, or for any other reason or no reason in Translance.net’s sole discretion.

You represent that you are not: (x) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (y) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (z) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services.

3.2 Account Registration; Profile

By registering for an account, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, the public. If you are a Freelancer, unless you use the Site solely as an employee and Agency Member of a registered Agency Account, you represent and warrant that you use your Profile to market your business to others for the purpose of entering into independent contractor relationships with other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide and to correct any information about your location, your business, your skills, or the services your business provides that is or becomes false or misleading. You agree not to register for more than one Client Account and one Freelancer Account without express written permission from us (except that you may register as an Agency Member of other Accounts as provided below). You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.

3.3 Identity Verification

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your ability to represent your business on Translance.net, if it is a separate legal entity. You authorize Translance.net, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business.

4 Usernames and Passwords

When you register for an Account, you will be asked to choose a username and password for the Account. Each User and any Agency Account Administrator will also be asked to choose the initial username and password for any Agency Account that is added to the Account (and can change the password for the Agency Account at any time).

You are entirely responsible for safeguarding and maintaining the confidentiality of your Account or Agency Account username and password. You authorize Translance.net to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or Agency Account or any unauthorized access to your password or the password of any User of your Account (or any related Agency Account). You further agree not to use any username, or password of another User of the Site that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account or Agency Account at any time.

5 Marketplace Feedback

You acknowledge and agree that feedback benefits the marketplace, all Users, and the efficiency of the Site and you specifically request that Translance.net post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you, including your Job Success Score (“JSS”), if any, will consist of comments, ratings, indicators of User satisfaction, and other feedback left by other Users. You further acknowledge and agree that Translance.net will make feedback results available to other marketplace Users, including composite or compiled feedback. Translance.net provides this feedback system as a means through which Users can share their opinions publicly and Translance.net does not monitor or censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any JSS relate only to the business advertised in the Freelancer Profile and not to any individual person. You agree not to use the JSS to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.

Translance.net does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that Translance.net do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. Translance.net is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Translance.net reserves the right (but is under no obligation) to remove posted feedback or information that, in Translance.net’s sole judgment, violates the Terms of Service or negatively affects our marketplace. You acknowledge and agree that you will notify Translance.net of any error or inaccurate statement in your feedback results, including the JSS, and that if you do not do so, Translance.net may rely on the accuracy of such information.

6 PURPOSE OF THE SITE AND SITE SERVICES

The Site is a marketplace where Clients and Freelancers can identify each other and advertise, buy, and sell Freelancer Services online. Subject to the Terms of Service, Translance.net provides the Site Services to Users, including hosting and maintaining the Site, enabling the formation of Service Contracts, and coordinating disputes related to those Service Contracts.

6.1 Escrow Accounts

Translance.net Escrow provides escrow services to Users to deliver, hold, or receive payment for an Engagement, and to pay service, membership and payment processing and administration fees to Translance.net (“Escrow Services”).

(a) Client Escrow Account. After entering into a Service Contract, the first time a Client makes a payment for an Engagement, Translance.net Escrow will establish and maintain a “Client Escrow Account” to hold funds for the Client to use to make payments for Engagements, to receive refunds in connection with Engagements, and to make payments to Translance.net for payment processing and administration fees.

(b) Freelancer Escrow Account. After entering into a Service Contract, the first time a Freelancer uses the Site to receive payment for an Engagement, Translance.net Escrow will establish and maintain a “Freelancer Escrow Account” for the Freelancer to receive payments for Engagements, withdraw payments, make monthly membership payments and service fees to Translance.net, and issue refunds to Clients.

You hereby authorize and instruct Translance.net Escrow to act as escrow agent in connection with the Escrow Accounts and the payment, holding, and receipt of funds for each Engagement and other specified purposes (the “Escrow”) in accordance with the Terms of Service and the applicable Escrow Instructions.

7. CONTRACTUAL RELATIONSHIP BETWEEN CLIENT AND FREELANCER

7.1 Service Contracts

you acknowledge and agree that a Service Contract is comprised of the following agreements (as applicable): he Fixed-Price Escrow Instructions and any other contractual provisions accepted by both the Client and the Freelancer. You acknowledge and agree that Translance.net is not a party to any Service Contracts, and that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between Translance.net and any Freelancer.

8. PAYMENT TERMS

8.1 Service Fee

The fees to use the Site and Site Services are paid solely by the Freelancer. When a Client pays a Freelancer, or when funds related to an Engagement are otherwise released to a Freelancer as required by the applicable Escrow Instructions, Translance.net Escrow will credit the Freelancer Escrow Account for the full amount paid or released, and then subtract and disburse to Translance.net a service fee in the amount specified service fee (the “Service Fee”). Freelancer agrees to pay Translance.net the Service Fee for using the Site’s communication, invoicing, dispute resolution and payment services, including Payment Protection.

8.2 Membership Fees

Freelancers will subscribe to different levels of participation and privileges on the Site, by payment of subscription fees as described in and subject to the terms of the agreement, as may be revised from time to time upon such notice as may be appropriate

8.3 No Fee for Introducing or for Finding Engagements

Translance.net does not introduce Clients to Freelancers and does not help Freelancers secure Engagements. Translance.net merely makes the Site Services available to enable Freelancers to do so themselves.

8.4 Disbursements to Freelancers

Freelancer agrees that it will not receive interest or other earnings on the funds held by Translance.net Escrow prior to disbursement to Freelancer. Freelancers agree that they are paid 7 days after work completion in case the contract completed successfully.

8.5 Non-payment

If Client fails to pay the Freelancer Fees or any other amounts due under the Terms of Service, whether by canceling Client’s credit or debit card, initiating an improper chargeback, or any other means, Translance.net may suspend or close Client’s Account and revoke Client’s access to the Site, including Client’s authority to use the Site to process any additional payments, enter into Service Contracts, or obtain any additional Freelancer Services.

8.6 No Return of Funds

Client acknowledges and agrees that Translance.net Escrow will charge Client’s designated Payment Method for the Freelancer Fees for Fixed-Price Contracts, upon Client’s acceptance and approval of the Freelancer Services. Therefore, and in consideration of the Site Services provided by Translance.net Client agrees that once Translance.net Escrow charges the Client’s designated Payment Method for the Freelancer Fees as provided in this Agreement or the other Terms of Service, the charge is non-refundable, except as otherwise required by applicable law. Client also acknowledges and agrees that the Terms of Service provide a dispute resolution process as a way for Client resolve disputes. To the extent permitted by applicable law, Client therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any Freelancer Fees or other Fees charged pursuant to the Terms of Service for any reason.

8.7 Formal Invoices and Taxes

Translance.net will have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Freelancer Fees.

8.8 Payment Methods

Clients are charged a fee for payment processing and administration as described here. In order to use certain Site Services, Client must provide account information for at least one valid Payment Method.

Client hereby authorizes Translance.net, Translance.net Escrow, and Elance Limited to run credit card authorizations on all credit cards provided by Client, to store credit card and banking or other financial details as Client’s method of payment for Services, and to charge Client’s credit card (or any other Payment Method). Credit cards and PayPal accounts.

8.9 US Dollars and Foreign Currency Conversion

The Site and the Site Services operate in U.S. Dollars. If Client’s Payment Method is denominated in a currency other than U.S. Dollars and requires currency conversion to make payments in U.S. Dollars, the Site may display foreign currency conversion rates that Translance.net, Translance.net Escrow or other Affiliates currently make available to convert supported foreign currencies to U.S. Dollars. These foreign currency conversion rates adjust regularly based on market conditions.

Translance.net, Translance.net Escrow, and other Affiliates are not responsible for currency fluctuations that occur when billing or crediting a Payment Method denominated in a currency other than U.S. Dollars. Translance.net, Translance.net Escrow, and other Affiliates are not responsible for currency fluctuations that occur when receiving or sending payments via wire transfer,

9. NON-CIRCUMVENTION

You acknowledge and agree that a substantial portion of the compensation Translance.net receives for making the Site available to you is collected through the Service Fee described in (“Service Fee”). Translance.net only receives this Service Fee when a Client and a Freelancer pay and receive payment through the Site. You must use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (the “Translance.net Relationship”). You may opt-out of this obligation with respect to each Client-Freelancer relationship only if Client or prospective Client or Freelancer pays Translance.net for each such relationship.

10 Services

Freelancer will perform the Freelancer Services in a professional and workmanlike manner and will timely deliver any agreed upon Work Product. The manner and means of performing the Freelancer Services will be determined and controlled solely by Freelancer, which is engaged by Client as an independent contractor.

10.1 Client Payments and Billing

For Fixed-Price Contracts, Client becomes obligated immediately upon sending a Fixed-Price Contract offer or upon activating any additional milestone.

10.2 Dispute Resolution

With respect to disputes arising between Clients and Freelancers, you agree to abide by the dispute resolution provisions set forth in the Escrow Instructions that apply to your particular Service Contract.

10.3 Termination of a Service Contract

Under Fixed-Price Contracts, once a Client’s Payment Method has been charged to fund the escrow account for the Engagement, absent a full refund to Client by Freelancer, the Service Contract does not terminate until the Freelancer Services are completed. However, either Client or Freelancer has the right to terminate a Fixed-Price Contract at any time with the consent of the other party or in the event of a material breach. If a Fixed-Price Contract is terminated, Client does not have the right to recover any payments already released to Freelancer from the escrow account for the Engagement.

11. RELATIONSHIP WITH TRANSLANCE.NET

Translance.net is not a party to the dealings between Client and Freelancer, including posts, proposals, screening, selection, contracting, and performance of Freelancer Services. Translance.net does not introduce Freelancers to Clients or help Freelancers find Engagements. Translance.net merely makes the Site Services available to enable Freelancers to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Freelancers for themselves. Translance.net does not, in any way, supervise, direct, or control Freelancer or Freelancer’s work. Translance.net will not provide Freelancer with training or any equipment, labor, or materials needed for a particular Service Contract. Translance.net does not provide the premises at which the Freelancer will perform the work. Translance.net makes no representations about, and does not guarantee the quality, safety, or legality of, the Freelancer Services; the truth or accuracy of Freelancer’s listings on the Site; the qualifications, background, or identities of Users; the ability of Freelancers to deliver the Freelancer Services; the ability of Clients to pay for the Freelancer Services; or that a Client or Freelancer can or will actually complete a transaction.

You hereby acknowledge and agree that Translance.net may provide information on the Site about a Freelancer or Client, such as feedback, composite feedback, including a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that Freelancers or Clients voluntarily submit to Translance.net and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Translance.net; Translance.net provides such information solely for the convenience of Users.

12. DEFINITIONS

“Client” means any authorized User utilizing the Site to seek and/or obtain Freelancer Services from another User. From time to time, Translance.net may act as a Client, and the terms and conditions of this Agreement applicable to Clients will apply to Translance.net when Translance.net acts in this way.

“Engagement” means an engagement for Freelancer Services that a Freelancer provides to a Client under a Service Contract on the Site.

“Escrow Account” means Client Escrow Account, Freelancer Escrow Account, or Fixed-Price Escrow Account.

“Escrow Instructions” means the Fixed-Price Escrow Instructions or the Hourly, Bonus and Expense Payment Agreement with Escrow Instructions.

“Fixed-Price Contract” means a Service Contract for which Client is charged a fixed fee agreed between a Client and a Freelancer, prior to the commencement of a Service Contract, for the completion of all Freelancer Services contracted by Client for such Service Contract.

“Freelancer” means any authorized User utilizing the Site to advertise and provide Services to Clients.

“Freelancer Fees” means the fixed fee agreed between a Client and a Freelancer; and (c) any bonuses or other payments made by a Client.

“Freelancer Services” means all services performed for or delivered to Clients by Freelancers.

“Payment Method” means a valid credit card issued by a bank acceptable to Translance.net, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as Translance.net may accept from time to time in our sole discretion.

“Work Product” means any tangible or intangible results or deliverables that Freelancer agrees to create for, or actually delivers to, Client as a result of performing the Freelancer Services, including, but not limited to, configurations, computer programs, or other information, or customized hardware, and any intellectual property developed in connection therewith.

“Connect” is used by freelancers for sending proposals to obtain a job.

]]> Escrow Instructions http://support.translance.net/knowledge-base/escrow-instructions/ Sat, 03 Jun 2017 11:29:44 +0000 http://support.translance.net/?post_type=ht_kb&p=574 If Client and Freelancer enter into a contract, if the client makes a payment, these instruction applies:
To the extent permitted by applicable law, we may modify this Agreement, and the Escrow Instructions it contains, without prior notice to you, and any revisions to the Agreement will take effect when posted on the Site unless otherwise stated. Please check the Site often for updates.
1. Digital Signature
By clicking to accept a contract Client and Freelancer are deemed to have executed this Agreement electronically, effective on the date Freelancer clicks to accept the Engagement.
2. Release and Delivery of Amounts in Escrow
Client and Freelancer irrevocably authorize and instruct Translance.net to release applicable portions of the Fixed Price Escrow Account (each portion, a “Release”) to their Freelancer Escrow Account or Client Escrow Account, as applicable, via the Site, upon the occurrence of and in accordance with one or more Release Conditions provided below or as otherwise permitted by applicable law. The amount of the Release will be delivered to the applicable Escrow Account in accordance with Freelancer’s or Client’s instructions, as applicable, these Escrow Instructions, and the other Terms of Service.
2.1 Release Conditions
1. Client clicks to release funds to Freelancer.
2. Client and Freelancer agree to close the contract.
3. Client or Freelancer has failed to make its payment initiated by the other Party pursuant to the Dispute Assistance Policy.
4. Client and Freelancer have failed to timely submit to Arbitration for an unresolved Dispute as such term is defined in the Dispute Assistance Policy.
5. Client or Freelancer has failed timely to respond to a Translance.net Dispute Assistance notification as required by the Dispute Assistance Policy.
6. Client or Freelancer has failed timely to pay for its share of Arbitration costs as required by the Dispute Assistance Policy.
7. Client or Freelancer otherwise has failed to comply with the Dispute Assistance Policy.
8. Issuance of the final order of a court of competent jurisdiction from which appeal is not taken.
3. Dormant Engagements
To be fair to Clients and Freelancers, Translance.net has a procedure for Contracts that appear Dormant. For purposes of determining Dormant status, “activity” means business term or milestone updates or requests, Escrow Funding, Escrow Release, Escrow Refunds, Funding requests, Release requests, Engagement Cancellation requests, Status Report submittals, or actions under the Dispute Assistance Policy.
If a Fixed-Price Contract has a Fixed-Price Escrow Account with a balance but has had no activity for 90 consecutive days after the last milestone date contained in the business terms, then the Engagement will be “Dormant.” Dormant Engagements are subject to the following rules:
1. Translance.net will notify Client when the Engagement becomes Dormant (“Dormant Date”).
2. If no activity other than Release requests has occurred within 7 days after the Dormant Date, Translance.net will notify the Freelancer that the Engagement is Dormant.
3. If Freelancer and Client take no action for 7 days after the Dormant Date, Freelancer and Client agree that Translance.net is authorized and irrevocably instructed to immediately release escrow funds to Client.
4. If Freelancer submits a Release request and client does not take any action for 14 days from the date of the Release request, Freelancer and Client agree that Translance.net is authorized and irrevocably instructed to immediately release to Freelancer the amount related to the milestone with Release request.
5. All funds released to Freelancer under this Section, Dormant Engagements, will be subject to the applicable Service Fees for Freelancers.

4. Refunds and Cancellations
If there are no 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 below.
4.1 Cancellation by Freelancer
A freelancer cannot cancel a contract with a fund in escrow. If a freelancer wants to cancel a contract he should enter to dispute to refund a part or whole money to the client.
4.2 Cancellation by Client
A client cannot cancel a contract with fund in escrow. If a client want to cancel a contract he can create a dispute, if the freelancer accepts the dispute, the fund in the screw will be refunded to the client.
5. Dispute Assistance Program
If Client and Freelancer fail to come to a mutual resolution by way of the Refund and Cancellation process as stated, trans lance provides this Dispute Assistance Program as a mechanism to resolve the Dispute.
5.1Definitions and Key Dates
1. “Arbitration” means binding non-appearance based Arbitration by a neutral third party as described.
2. “Arbitration Limitations Date” means the date 30 days after the date a Dispute is filed via the Site or via support ticket with Translance.net.
3. “Dispute” means a dispute between a Client and Freelancer
4. “Dispute Assistance Deadline” means the date 30 days after the Client was billed for the last milestone
5. “Translance.net Dispute Assistance” means the Dispute assistance provided by Translance.net
5.2 Availability of Translance.net Dispute Assistance
Dispute Assistance is only available (i) after initial funding of the Escrow Account associated with the Engagement, and (ii) prior to the Dispute Assistance Deadline. Dispute Assistance is not available to either the Freelancer or the Client via the Site after the Dispute Assistance Deadline.
5.3 Non-Binding Assistance
Translance.net will first attempt to assist Client and Freelancer by reviewing the Dispute and proposing a mutual, non-binding resolution.
 The Translance.net Disputes team will notify Client and Freelancer via ticket by providing a notice of dispute along with a request for information and supporting documentation (if any).
 If both Client and Freelancer respond to the notice and request for information, then the Disputes team will review the documentation submitted and any information available on the Site that pertains to the Dispute. After review, the Disputes team will propose a mutual, non-binding resolution based on the results of the review.
 The proposed resolution is non-binding; Client and Freelancer can choose whether or not to agree to it. If Client and Freelancer agree in writing to the proposed resolution, Client and Freelancer agree that Translance.net is authorized and irrevocably instructed to immediately release Escrow funds in accordance with the final resolution.
 If Client or Freelancer disagrees with Translance.net proposed, non-binding resolution, they may proceed to Arbitration. If Client and Freelancer do not choose to arbitrate, Freelancer and Client agree that Translance.net is authorized and irrevocably instructed to immediately release to Client all funds held in Escrow.
 If Client or Freelancer chooses to arbitrate by notifying Translance.net via support ticket of their intent to arbitrate, Translance.net will notify both Client and Freelancer via ticket that they must make the Arbitration Payment within 5 business days of the notice (the “First Arbitration Notice“). If both parties make the Arbitration Payment (including after initial notice of non-payment), then Translance.net will deliver instructions for initiating Arbitration.
 If Client or Freelancer does not make the Arbitration Payment within 5 business days of the notice, Freelancer and Client will be deemed to have irrevocably authorized and instructed Translance.net to, and Translance.net will release the disputed funds to the party that paid the Arbitration Payment to the extent that any disputed funds remain in the Escrow Account. If no funds remain in the Escrow, translance.net will close the Dispute.
 If Client and Freelancer both do not make the Arbitration Payment by the Arbitration Limitations Date, then Client and Freelancer will be deemed to have authorized and instructed translance.net Escrow to, and translance.net will, release the disputed funds to Client, to the extent that any disputed funds remain in the Escrow Account, if no funds remain translance.net will close the Dispute.
5.4 Arbitration for a Fixed-Price Engagement
Freelancer and Client each has the right to demand Arbitration of a Fixed-Price Engagement before the Arbitration Limitations Date if the Fixed-Price Escrow associated with the Engagement has been funded at least once. If either Client or Freelancer demands Arbitration in accordance with these Escrow Instructions and you are not the party that requested Arbitration, you agree to submit to the Arbitration and pay your share of the Arbitration fees detailed below. In any Arbitration, each of you and the other Member is a “Dispute Party,” and collectively you are the “Dispute Parties.”
Any such Arbitration will be conducted by a neutral third-party Arbitration services.
5.5 Arbitration Award
You agree that the arbitrator is authorized to decide the Dispute within its discretion. You agree that the arbitrator’s award is final, that it may be entered in and enforced by any court of competent jurisdiction, and that if the arbitrator delivers notice of any award to Translance.net, then Translance.net has the right to treat such notice as conclusive and act in reliance thereon.
5.6 Service Fees for Escrow Funds Released Following Dispute Assistance
All Escrow Funds released under this policy are subject to the normal Service Fees associated with Escrow Accounts, as detailed in the User Agreement and applicable Escrow Instructions.
6. Notices
All notices to a User required by these Escrow Instructions will be made via email sent by Translance.net to the User’s registered email address.
7. Cooperation with the Dispute Assistance Program
All claims, disputes or other disagreements between you and another User that are covered by the Dispute Assistance Program must be resolved in accordance with the terms in the Dispute Assistance Program.

]]> Fee Agreement http://support.translance.net/knowledge-base/fee-agreement2/ Sat, 03 Jun 2017 11:52:47 +0000 http://support.translance.net/?post_type=ht_kb&p=583 Effective Date: April 01, 2017
This Fee Agreement (this “Agreement”) provides information on the fees Translance.net charge for use of the Site’s communication, invoicing, dispute resolution and payment services, including Payment Protection, and includes eligible Users’ authorization for debits and credits from and to their designated bank accounts via the automated clearing house network (“ACH”). This Agreement is part of the Terms of Service.
By continuing to use the Site or the Site Services on or after the Effective Date, you accept and agree to this Agreement. To the extent permitted by applicable law and except as otherwise provided in the Terms of Service, we may modify this Agreement without prior notice to you, and any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. Please check the Site often for updates.
1. Service Fees Charged to Freelancers
Pursuant to the User Agreement, Translance.net charges Freelancers a Service Fee for each Engagement. Depending on the nature of the Engagement, the Service Fees will be charged either as straight or tiered pricing, Where applicable, Translance.net may also collect taxes (such as value added tax (VAT) in Europe) on Service Fees.
We will charge you a Service Fee of 10 % of the Freelancer Fees.

Note: Examples in this Agreement are provided for illustrative purposes only and are not binding. Because of rounding, the Service Fees charged may differ slightly.

2. Service Fees Charged to clients
We will charge Clients a payment processing and administration fee of 5 % of the total amount of each payment made for the Site Services.

-If payments made by a Client are released to the Client Escrow Account for any reason or refunded by a Freelancer, the Payment Processing Fee, if applicable, will not be refunded.

]]> Freelancer Membership Agreement http://support.translance.net/knowledge-base/freelancer-membership-agreement/ Sat, 03 Jun 2017 11:55:57 +0000 http://support.translance.net/?post_type=ht_kb&p=586 The membership program for freelancers includes a certain number of “Connects,” which reserve monthly capacity for you to submit proposals for Engagements as described on the Site. If you are a paying Member, you have the right to purchase additional Connects at any time, subject to a cap determined by your membership program and other criteria. Connects you do not use by the end of the month do not carry over into the next month, unless you have a paid membership, in which case you may rollover up to two times the monthly allotment of Connects. The conditions under which unused Connects will rollover into the next month may vary from time to time and will depend on your membership program.
Translance.net reserves the right to change membership fees, change the monthly number of Connects included in the membership programs, change the price for additional Connects or institute new fees at any time, upon reasonable notice posted in advance on the Site. No refunds of fees already paid will be given. If Translance.net exercises its right to cancel a membership, Translance.net will not refund the membership fee already paid.

]]> Privacy Policy http://support.translance.net/knowledge-base/privacy-policy/ Sat, 03 Jun 2017 12:00:01 +0000 http://support.translance.net/?post_type=ht_kb&p=588 Translance.net provides this Privacy Policy to let you know our policies and procedures regarding the collection, use and disclosure of information through Translance.net (the “Site”), and any other websites, features, applications, widgets or online services that are owned or controlled by Translance.net and that post a link to this Privacy Policy (together with the Site, the “Service”), as well as any information Tr collects offline in connection with the Service.
1. INFORMATION COLLECTION
Users of the Service may be Clients (anyone utilizing the Translance.net platform to request services to be performed by a Freelancer) or Freelancers (any company, individual user, or groups of associated individual users or companies utilizing the Translance.net platform to offer services to Clients). Freelancers may also operate as an Agency (a legally recognized entity with the ability to hire and/or contract) with other Freelancers.
Information You Provide to Us
• Personal Information: In the course of using the Service (whether as a Client or Freelancer), we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Examples of Personal Information include your name, email address, company address, billing address, and phone number.
• Payment Information: If you use the Service to make or receive payments, we will also collect certain payment information, such as credit card, PayPal or other financial account information, and billing address.
• Identity Verification: We may collect Personal Information, such as your date of birth or taxpayer identification number, to validate your identity or as may be required by law, such as to complete tax filings. We may request documents to verify this information, such as a copy of your government-issued identification or photo or a billing statement.

User Profiles You may have the opportunity to create a profile, which consists of information about you, and may include Personal Information, photographs, examples of your work, information on work previously performed via the Service and outside the Service, skills, tests taken, test scores, feedback/rating information and other information, including your username (“Profile”). The information in your Profile may be visible to all translance.net Users and the general public subject to the privacy choices you make within your Profile. Clients and Agencies of associated individual users or companies may also have the opportunity to create an organization Profile. If, in any case, you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us.
3. INFORMATION SHARING AND DISCLOSURE
We may share aggregated Non-Identifying Information and we may otherwise disclose Non-Identifying Information to third parties. We do not share your Personal Information with third parties for those third parties’ marketing purposes. We may also share the information in the following circumstances:
• Information about Freelancers Shared with Clients and Agencies: We share information regarding Freelancers working on a Client project, including information in Work Diaries and work history, with Clients. Note that if a Freelancer is suspended from the Translance.net Service, we may share that information with Clients for whom that Freelancer has worked or applied for work. We may also share information with Agencies to whom Freelancers are associated for a particular work project. If you choose to apply for work as a Freelancer via the Service, we will share information relevant to your application with the applicable Client(s), including, but not limited to, the information contained in your Freelancer Profile.
• Information about Clients and Agencies Shared with Freelancers: If you have entered into a service contract with another user, we may provide him/her with your name, company address, billing address, or tax ID or VAT number in order to complete the transaction or to facilitate the resolution of a claim or dispute. The user receiving your information is not allowed to use it for purposes unrelated to the transaction, such as to contact you for marketing purposes, unless you have expressly consented to it.
• Legal and Investigative Purposes: Translance.net will share information with government agencies as required by law, including without limitation, in connection with reporting earnings. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), at the request of governmental authorities or other third parties conducting an investigation, to protect the property and rights of Translance.net or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, fraudulent, unethical or legally actionable activity. We may also use Device Identifiers to identify our Users, and may do so in cooperation with third parties at our discretion.

]]> Site Terms of Use http://support.translance.net/knowledge-base/site-terms-of-use/ Sat, 03 Jun 2017 12:02:00 +0000 http://support.translance.net/?post_type=ht_kb&p=590 Effective Date: August 8, 2016
In order to maintain a safe and trusted marketplace and all related and affiliated websites (the “Site”) and to avoid use of the Site for unauthorized or unintended purposes, we require you and all other users of the Site (each, a “User”) to agree to and comply with these Terms of Use (the “Terms”). These Terms set forth the acceptable and prohibited uses of our Site and are in addition to the other Terms of Service. By accessing the Site or using any of the Site Services after the effective date, you agree to these Terms. You are also independently responsible for complying with all applicable laws related to your use of the Site or the Site Services whether or not covered by the Terms.
1. PROHIBITED SITE USE
The uses described in these Terms are prohibited regardless of where on the Site they occur. For example, the activities are prohibited in job posts, proposals, Translance.net messages, communications with customer service or disputes, the community forum, and Client or Freelancer feedback.
1.1 Illegal, Fraudulent, Harmful, or Offensive Uses
You may not use, or encourage, promote, facilitate, or instruct or induce others to use, the Site or Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
Examples of prohibited uses of the Site or Site Services include:
• Seeking, offering, or endorsing illegal, obscene, or pornographic services or activities, including services (i) that would violate the intellectual property rights, including copyrights, of another person, entity, service, product, or website or (ii) that would involve the creation, review, or editing of pornographic, erotic, obscene, or sexually explicit material;
• Posting content that is offensive, defamatory, profane, vulgar, obscene, threatening, discriminatory, illegal, and pornographic.
• Expressing a preference in a job post or proposal or otherwise unlawfully discriminating on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military/veteran status or any basis protected by applicable law;
• Posting content that is harassing towards another person or violates the rights of a third party;
• Posting identifying information concerning another person;
• Making or demanding payments without the intention of providing or receiving services in exchange for the payment;
• Spamming other Users;
• Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or collecting or harvesting any personally identifiable information, including Account names, from the Site; and
• Engaging in any conduct that is reasonably likely to or that is intended to harm the Site, including (i) imposing an unreasonable or disproportionately large load (in our sole discretion) on the Site’s infrastructure; (ii) interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site; (iii) bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site.
1.2 Using the Site Other than For the Intended Purposes
Translance.net makes the Site and Services available for Clients and Freelancers to find one another, enter into service relationships, make and receive payments through escrow, and receive and perform Freelancer Services. Users are expected to use the Site and Services for their intended purposes and Users may not use the Site and Services in contravention of their intended purposes. The following are examples of prohibited use of the Site:
• Offering services for the sole purpose of obtaining positive feedback of any kind;
• Requesting, demanding, or receiving free services, including requesting Freelancers to submit work as part of the proposal process for very little or no money or posting contests in which Freelancers submit work with no or very little pay, and only the winning submission is paid the full amount;
• Requesting a fee before allowing another User to submit a proposal;
• Posting the same job multiple times so that more than one version remains active at a given time;
• Withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
• Attempting to falsify, manipulate, or coerce another User by threatening to give negative feedback;
• Misusing the feedback feature to express views unrelated to the work, such as political, religious, or social commentary;
• Duplicating or sharing accounts;
• Selling, trading, or giving an account to another person without Translance.net consent;
• Sharing or soliciting contact information such as email, phone number, or Skype ID in a profile or job post;
• Soliciting or processing payment outside of Translance.net in violation of the Terms of Service;
• Advertising products or services that are outside or beyond the scope of the Translance.net marketplace; and
• Advertising on Translance.net to recruit Freelancers to join an Agency or another website or company.
1.3 Using the Site to Post False or Misleading Content
All profiles, jobs, proposals, and other content posted to the Site must be truthful and not misleading. Here are examples of prohibited uses:
• Misrepresenting a Freelancer’s experience, skills, or information;
• Impersonating any person or entity, including, but not limited to, an Translance.net representative, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• Falsely attributing statements to any Translance.net representative, forum leader, guide or host;
• Allowing another person to use your account, which is misleading to other Users;
• Falsely stating or implying a relationship with Translance.net or with another company with whom you do not have a relationship;
• Falsely stating or implying a relationship with another User, including an Agency continuing to use a Freelancer’s profile or information after the Freelancer no longer works with the Agency; and
• Falsely stating that one Freelancer will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Freelancer that is unable, unwilling, or unavailable to do the work.
2. ENFORCEMENT
We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.
3. REPORTING AND CORRECTING VIOLATIONS
If you become aware of any violation of these Terms, you must immediately report it to Customer Service. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.

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