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Terms and Conditions

Terms and Conditions

November 2016

Introduction

Handsfinder UG(Haftungsbeschränkt) i.G.;
Riedinger Str. 26e;
86153 Augsburg, Germany.

By using the handsfinder platform you agree on the Terms and Conditions.
The Handsfinder website is owned and operated by Handsfinder UG (Haftungsbeschränkt) in Gründung.

The following terms and conditions govern your access and use of the website www.handsfinder.com, including any content, functionality and services offered through www.Handsfinder.com.
Please, read the Terms and Conditions carefully before you start to use the site. By using this site, opening an account or by clicking to accept or agreeing on the Terms and Conditions, you accept and agree to be bound and abide by these Terms and Conditions and our Privacy Policy and Cookie Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms and Conditions or the Privacy and Cookies Policy, you must not access or use the site. For more detailed policies surrounding the activity and usage on the site, please access the designated articles found on the table of contents on this page.

Key Terms
Members: Freelancer & Job Provider
Services: Jobs being offered by the Freelancer
Job Provider: Is the Person/Business who wants a Service to be completed through www.handsfinder.com
Freelancer: Is the person completing the service for the Job Provider on www.handsfinder.com
Post Service: Jobs Posted by the Job Provider on www.handsfinder.com
Service Proposal: Is written by the Freelancer. It is the description of how the Freelancer would do that Service / Job he or she is applying for. It also includes initial additions
Service Request Form: Is the description of the Service to be completed by the Freelancer. It’s written by the Job Provider directly to the Freelancer. This is if the Job Provider doesn’t want to post the job on our Services Section, instead send a request directly to the Freelancer
Freelancer Services Page: The page where the Freelancer offers his services and prices
Ordered Service: The formal agreement between Job Provider and Freelancer for the completion of a Service
Delivered Service: Job has been delivered and must now be reviewed before accepting by the Job Provider
Stage Reports: Is an optional function that gives the Job Provider and freelancer the chance to divide the project in several stages for review and payment. It is highly recommended that you use this function
Dispute: Disagreement between Job Provider and Freelancer regarding a Job
Income: Is the money the Freelancer earns for a completed Ordered Services
Additional: Extra costs the Freelancer charges for their services related to the original order.
Handsfinder Fee: Is our commission, of the total value of a job.
Payment Fee: Fee which has to be paid to the Payment Provider, e.g. Pay Pal
Request Modification: Changes of the original Job Post before accepting as order complete.

Overview
Registration is for free.
All Service offers on Handsfinder are offered at a base starting price of minimum 5 Euro /Dollar/ Pound. Each Freelancer can charge any higher price if they wish.
Only registered Freelancer and Job Provider are able to buy and sell Services on www.handsfinder.com.
Job Provider pays Handsfinder in advance to create an order.
Job Provider can post Services or Jobs at any time.
For fees and payments please read Terms of Use.
Freelancer must complete their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Freelancer’s reputation and status.
Freelancer may not offer or accept Services from the Job Provider using any method other than placing an order through www.handsfinder.com
Freelancer and Job Provider may not make any private treaty for a service other than through www.handsfinder.com
Job Providers are granted all rights for the delivered work, unless otherwise specified by the Freelancer on their page: Note: some Freelancer charge additional payments (through additionals) for Commercial Use License.
Handsfinder retains the right to use all published delivered works for Handsfinder marketing and promotion purposes.
We care about your privacy. Please see the Privacy and Cookies Section at the footer of the Website
The Job Provider can dispute the job after it has been delivered and within 14 days. Once a job has been accepted, it can’t be disputed at a later date.

General Rules for Members
If you are aged 18 years old or over, you may date an account and become a registered member of the Website ("Member").
As a Member you may have access to additional products or services and/or functionalities, for example, the ability to create an account, save contact information, post user generated content onto the www.handsfinder.com, and receive information about promotions and special offers which are restricted to Members, if any.
Any personal information that you provide to us in the course of becoming a Member or after registration will be held and used in accordance with any consent obtained from you and the terms of our Privacy and Cookies Policy.
We reserve the right to cancel membership to the Website and/or withdraw any or all Members’ rights. We shall not be liable for any loss or damages whatsoever arising from a Member’s inability to access any pages on the www.handsfinder.com.
We also have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of any of our Terms and Policies.
If you know or suspect that anyone other than you knows your Member username or password, you must promptly notify us through www.handsfinder.com.
Each members is responsible for their own tax declaration according to the tax laws in their country of residence.


Services
Services created on Handsfinder are Job Provider/ User Generated Content
Services may be removed by Handsfinder for violations to these Terms and Conditions, which may include (but are not limited to) the following violations and/or materials:
Illegal or fraudulent services, copyright infringement, trademark infringement
Adult oriented service, pornographic, inappropriate/obscene
Intentional copies of another members unique services.
Spam, nonsense, or violence services
Services misleading to Job Providers, including violations of third party Terms and Conditions
Reselling of regulated goods
Services that are removed for violations mentioned above may result in the removal of the members account.
Services that are removed for violations are not eligible to be restored or edited.
The Job Provider has to pay the cost of the service plus Handsfinder fee & administration fee, prior to commencing the service.
Services may be removed from our search feature due to poor performance and/or user misconduct.
URLs in your service text that redirect to third party websites are subject to approval and may be considered inappropriate to use on Handsfinder.
A statement on the Freelancer Service Page that undermine or circumvent these Terms and Conditions is prohibited.
Some posted Jobs may require Stage Reports, when it’s applicable this must be performed.
It is the responsibility of the Job Provider to state their stages prior to the commencing of the job.
All parties must agree on the stage reports before the commencing of the job. Starting the service is perceived as the stage reports being agreed upon by both the Job Provider and the Freelancer.
No party shall enter in a private treaty for the completion of a service, without the prior knowledge and consent of Handsfinder.
Any additional related to an order that’s outside of the original order, must be informed to Handsfinder prior the commencing of this, by both parties.
Our allowed service categories are: Hair & Beauty, Security, Home Services, Cleaning, Programming & Tech, Graphics & Design, Advertising, Online Marketing, Writing & Translation, Business Services, Personal Services, Gifts & Handcraft, Hospitality, Teaching, Clothes Making & Tailoring, Transport, Hair & Beauty, and Fun & Others.


Reviews
Feedback reviews provided by Job Provider while completing an order are an essential part of Handsfinder rating system. Reviews demonstrate the Job Providers overall experience with the Freelancer and their customer service. Job Providers are encouraged to communicate to the Freelancer any concerns experienced during their active order in regards to the service provided by the Freelancer.
Leaving feedback is a basic entitlement of a Job Provider. Feedback reviews will not be removed unless there are clear violations to our Terms and Conditions.
To prevent any misuse of our Feedback System, all feedback reviews must come from legitimate jobs executed exclusively through the Handsfinder platform from Members within our Community. Purchases arranged, determined to artificially enhance Freelancer ratings, or to abuse the Handsfinder platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
Feedback comments given by Job Providers are publicly displayed on a Freelancer’s page. Job Providers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
Withholding the delivery of services, files, or information required to complete the job service with the intent to gain favourable reviews or additional services is prohibited and will lead to blocking the members account.
Responding and posting a review: Once work is delivered, the buyer has 14 days to respond and post a review. If no response is provided within the response period, the order will be considered completed.
No reviews maybe posted, 14 days after a job accepted and complete.

Shipping
Some of the Services on www.handsfinder.com are delivered physically (arts and crafts, collectable items, etc.). For these types of Services, Freelancers may decide to add shipping charges. Freelancers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
Important: Job Providers who order Services that require physical delivery, will be asked to provide a shipping address.
Freelancers are responsible for all shipping arrangements once the Job Provider provides the shipping address.
Handsfinder does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.

Transcripts of records from Members
Handsfinder members ensure their transcripts of records are valid, update and not falsified. Handsfinder is not responsible to ensure the validity of this, its responsibility of the Members

Members Conduct
Handsfinder supports people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on www.handsfinder.com reflect the diversity of an expanding Service economy. Members of the Handsfinder community communicate and engage through orders, social media, and on www.handsfinder.com.
Handsfinder maintains a friendly, community spirited, and professional environment. Members should keep to that spirit while participating in any activity or extensions of Handsfinder. This section relates to the expected conduct members should follow while interacting with each other on Handsfinder.

To protect our member’s privacy, identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Handsfinder in order to circumvent or abuse the Handsfinder messaging system or Handsfinder platform is not permitted.
Any necessary exchange of personal information required to continue a service may be exchanged on the Handsfinder platform only
Handsfinder does not provide any guarantee of the level of service offered to a Job Provider. You may use the dispute resolution tools provided to you Handsfinder.
Handsfinder does not provide protection for members who interact outside of the Handsfinder platform or that are actively violating our Terms and Conditions.
All information and file exchanges must be performed exclusively on Handsfinder platform.
Rude, abusive, improper language, or violent messages sent to members will not be tolerated and may result in an account warning or the suspension/removal of your account.



Reporting Violations
If you come across any content that may violate our Terms and Conditions, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms and Conditions. All cases are reviewed by Handsfinder. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations
Members may receive a warning to their account for violations of our Terms and Conditions or any misconduct reported to Handsfinder. A warning will be sent to the member´s email address and will be displayed for such member on the Site. Warnings do not limit account activity, but can lead to your account becoming permanently disabled based on the severity of the violation.
Non-Permitted Usage
Adult Services & Pornography - Handsfinder does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behaviour & Language - Communication on Handsfinder should be friendly, constructive, and professional. Handsfinder condemns bullying, harassment, and hate speech towards others. We allow members a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Internal Messaging System and Social Media pages.
Phishing and Spam - Handsfinder takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our member’s privacy by not contacting them for commercial purposes without their consent.
Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Freelancer further confirm that whatever information they receive from the Job Provider, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Job Provider. Any member who engage and communicate outside of Handsfinder will not be protected by our Terms and Conditions.
Intellectual Property Claims - Handsfinder will respond to clear and complete notices of alleged copyright or trademark infringement.
Fraud / Unlawful Use - You may not use Handsfinder for any unlawful purposes or to conduct illegal activities.

Abuse and Spam
Multiple Accounts - To prevent fraud and abuse, members are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead Handsfinder or its members will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Handsfinder Terms and Conditions is cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate members who engage in targeted abuse or harassment towards other members on Handsfinder. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell Handsfinder accounts.

General Terms
Handsfinder reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms and Conditions or due to any illegal or inappropriate use of the Site or Services.
Violation of Handsfinder Terms and Conditions may get your account disabled permanently.
Members with disabled accounts will not be able to use Handsfinder.
Members who have violated our Terms and Conditions and had their account disabled may contact Handsfinder for more information surrounding the violation and status of the account.
Members have the option to enable account Security features to protect their account from any unauthorized usage.
Members must be able to verify their account ownership by providing materials that prove ownership of that account.
Users will be able to withdraw their revenues from disabled accounts after a safety period of 45 days, from the day of the last cleared payment received in their account and subject to Handsfinder approval.
Disputes should be handled using Handsfinder Dispute paper in Customer Support or by contacting Handsfinder.
Handsfinder may make changes to its Terms and Conditions from time to time. When these changes are made, Handsfinder will make a new copy of the Terms and Conditions available on this page.
You understand and agree that if you use Handsfinder after the date on which the Terms and Conditions have changed, Handsfinder will treat your use as acceptance of the updated Terms and Conditions.

Member Generated Content
Member Generated Content (MGC) refers to the content added by members as opposed to content created by the Site. All content uploaded to Handsfinder by our members (Job Providers and Freelancers) is Member Generated Content. Handsfinder does not check members uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Handsfinder is not responsible for the content, quality or the level of service provided by the members. We provide no warranty with respect to the Services, their delivery, and any communications between Job Providers and Freelancers. We encourage members to take advantage of our rating system, our community and common sense in choosing appropriate Service offers.
By offering a Service, the Freelancer undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the Service is offered on Handsfinder. Freelancers advertising their Service online must comply with laws and Terms and Conditions of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service and may lead to the suspension of Freelancers account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms and Conditions. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of Members who are repeat infringers.


Ownership
Ownership and limitations: Unless clearly stated otherwise on the Freelancers page/description, hen the work is delivered, and subject to payment, the Job Provider is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Freelancer, and the Freelancer waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the E.U Copyright Directive. In the event the delivered work does not meet the requirements of work-for-hire or when E.U Copyright Directive does not apply, the Freelancer expressly agrees to assign to the Job Provider the copyright in the delivered work. All transfer and assignment of intellectual property to Job Provider shall be subject to full payment for the Service and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Job Provider, and Freelancer assigns all rights, title and interest in the delivered work. Some Services (including for custom created work) charge extra payments (through additionals) for a Commercial Use License. This means that if you purchase the Service for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through an additional and will have broader rights that cover your business use.
Freelancers further confirm that whatever information they receive from the Job Provider, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Job Provider.
Furthermore, members (both Job Providers and Freelancers) agree that unless they explicitly indicate otherwise, the content members voluntarily create/upload to Handsfinder, including job texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Handsfinder for no consideration for marketing and/or other purposes.

Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HANDSFINDER NOR ANY PERSON ASSOCIATED WITH Handsfinder MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability
IN NO EVENT WILL HANDSFINDER, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Place of jurisdiction is Augsburg, Germany
Exclusively German law is applicable
The invalidity, in whole or in part, of any of the provision of these Terms and Conditions, shall not affect the enforceability of any of the other provisions thereof.