Terms of Service - Elancerz

ELANCERZ TERMS AND CONDITIONS

Last amendment: 17 May 2021
By accessing or using Elancerz, you agree to be legally bound by these Terms and Conditions. Please read this document carefully.
These Elancerz Terms and Conditions (the “Agreement”) form a legally binding agreement by and between ElancerZ(pty)Ltd having a registered office at 1st floor, Block D, Sandhavon office park, 12 Pongola Crescent, Eastgate extension 17, Sandton, South Africa, 2090, and the company registration number 2016/538841/07 (the “Company”, “we,” “us,” and “our”) and an individual user or entity (“you”, “your”, and “User”) accessing or using the online platform freelance platform available at http://elancerz.com, the related domain names, and services (collectively, “Elancerz”). This Agreement applies to Elancerz only; it does not apply to any third-party software, websites, and services integrated with Elancerz. You must agree to all provisions of this Agreement to be eligible to access or use Elancerz. If you do not agree with one or more provisions of the Agreement, you are not allowed to use Elancerz.
  1. The Account
  2. Section 1 provides an overview of the requirements that you must meet before registering your Account on Elancerz.

    1. Registration and acceptance. In order to access the full functionality of Elancerz, you must create a User account (the “Account”). During the registration process, you will be asked to submit your personal details, read our privacy policy, and accept this Agreement. The Company reserves the right to decline registration of any Account for any reason whatsoever, at its sole discretion.
    2. Account eligibility. By registering the Account, you acknowledge and agree that:
      • You have read this Agreement and agree to abide by it;
      • You have read our privacy policy;
      • You agree to comply with all applicable laws;
      • You have the capacity to conclude legally binding agreements;
      • You will provide full, complete, and accurate information, including personal data, and agree to amend it as soon as any changes to it occur;
      • You are solely responsible for any activity that occurs through your Account and shall not hold the Company liable in this regard, for any reason whatsoever;
      • You are not under any type of judicial interdiction;
      • You will register a single Account (multiple Accounts registered by the same person or entity are not allowed); and
      • You are a human individual or an individual acting on behalf of a business entity, and not a machine (machine-generated Accounts are not allowed).
    3. Authorisation.If you act on behalf of a business entity in accepting this Agreement or registering the Account, you warrant and undertake that you have the requisite power and authority to act on behalf of that entity and bind the entity to this Agreement. By creating the Account and providing details of a business entity, you confirm that you are an authorised employee, contractor, or representative of the business entity. The Company shall not be responsible in any manner and bear no liability for your activities carried out without such authorisation.
    4. Your Profile. To complete the registration of the Account, you will be requested to complete your User profile (the “Profile”). You acknowledge and agree the Profile can be visible to other Users of Elancerz and the general Internet public, unless you adjust your privacy settings accordingly. You must (i) provide true, complete, accurate, and up-to-date information when completing your Profile and (ii) update the Profile information as soon as any changes thereto occur. You are not allowed to provide any information about yourself or any third parties that is false, misleading, defamatory, or erroneous, including, without limitation, information about your identity, location, education, skills, professional experience, clients, certifications, business, or the services that you provide. The Company is not responsible for the truthfulness, completeness, and accuracy of the said information. The Company reserves the right to suspend or terminate any Account that provides false or misleading information or otherwise violates any provision of this Agreement. Elancerz provides general information about the Users and displays the Profiles as created by the Users. The Company does not endorse any Users and Elancerz features only a limited list of the available service providers in the given area.
    5. Account types. You may register two types of Accounts on Elancerz as specified below:
      • Freelancer Account. The Freelancer Account can be registered by the Users that intend to services through Elancerz as independent contractors (the “Freelancers”); and
      • Client Account. The Client Account can be registered by Users that intend to search and order services offered by the Freelancers through Elancerz (the “Clients”).
    6. Identity and location verification.1.6.The Company reserves the right but is not under obligation to verify the Accounts and the Profiles, including, without limitation, verifying the identity, location, payment methods, and email addresses, during the registration of the Account or from time to time thereafter. The verification may include requesting official documents (e.g., government issued ID) confirming User’s identity, location, and authorisation to act on behalf of a business entity. You agree to supply to the Company the requested information to keep your Account active. The Company reserves the right to temporarily suspend your Account during the verification process and terminate the Account if the verification fails.
  3. Purpose of Elancerz
  4. Section 2 discusses the rules governing the relationship between the Company and the Users.
    1. Your relationship with the Company.The Company provides Elancerz for the purpose of facilitating transactions between the Clients and the Freelancers (collectively, the “Contractors”), including negotiating and concluding service contracts (the “Service Contracts”). The Company does not intervene into the communication between the Contractors as well as negotiation, conclusion, and execution of the Service Contracts. Unless explicitly specified otherwise on Elancerz, Company’s responsibilities with regard to the Service Contracts are limited to (i) facilitating the availability of Elancerz. By using Elancerz, the Client acknowledges and agrees that the Freelancer and not the Company is solely responsible for providing services under the Service Contract and any information or warranties related thereto. The Company is not a party to the Service Contracts and, therefore, the Company will not be liable for any direct, indirect, consequential or inconsequential loss or damage that results from the Service Contracts and any business transactions made between the Contractors as a result of their interactions through Elancerz. The Contractors are entitled to (i) enter into additional agreements governing the Service Contracts and (ii) agree on the terms and conditions of the Services Contracts, provided that (i) the agreed terms shall not expand or amend this Agreement and, (ii) in case there is a conflict between the terms of the Service Contract and this Agreement, this Agreement shall prevail. The Freelancers are solely responsible for:
      • Ensuring that they are qualified in providing services under the Service Contracts
      • Ensuring that the services are provided in accordance with the standards of skill and care reasonably expected from a leading service provider in Freelancer’s industry;
      • Preparing, negotiating, concluding, and executing the Service Contracts;
      • Obtaining all information and materials from the Clients that is reasonably necessary for completing the Service Contracts; and
      • Cooperating with the Company in any audits by providing information and records about the Service Contracts, invoices, tax returns, and other financial reports issued under the Service Contracts.
    2. Taxes and benefits.The Users are responsible for paying all tax and duties with regard to the Service Contracts as applicable in their respective jurisdictions. The Freelancer is solely responsible for:
      • Paying all applicable taxes, levies, duties, and other fees associated with payments made by the Clients under the Service Contracts;
      • Obtaining appropriate insurance related to Freelancer’s services (e.g. liability, health, compensation, social security, disability, and unemployment) and making sure that the terms and conditions of the insurance policy do not contravene to this Agreement;
      • Determining whether necessary and, if necessary, issuing invoices for any of the services rendered under the Service Contracts;
      • Determining whether necessary and, if necessary, paying value added tax (or its equivalent) in Freelancer’s jurisdiction, maintaining records as required by tax authorities, and submitting records to relevant authorities, as appropriate; and
      • Upon Company’s request, cooperating with the Company in any audits by providing information and records about the Service Contracts, Freelancer’s independent business activities, invoices, tax returns, and other financial reports related to Freelancer’s transactions on Elancerz.
    3. Feedback.Users are entitled to leave feedback about other Users of Elancerz in a form of reviews, comments, indicators of satisfaction, or ratings (collectively, the “Feedback”). None of the references provided by the Company or the Users in relation to any User, including the Feedback, represents endorsement, certification or guarantee about any User, as well as the information or services provided by that User. The said references are based solely on unverified data that the Users voluntarily provide; the Company features references solely for the convenience of the Users. The User hereby grants the Company perpetual, royalty-free, irrevocable and worldwide rights, with rights to sub-license through multiple levels of sub-licenses, to reproduce, make derivative works from, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, have made, use, sell, import, offer for sale, and exercise any and all present or future rights in the Feedback. The Users acknowledge and agree that:
      • Provision of the Feedback is essential for the efficiency of Elancerz, therefore, the Feedback must be submitted after completion of each Service Contract;
      • The Feedback will be available to all Users of Elancerz and a part of it may also be visible to the general Internet public;
      • The Feedback must not contain any false, misleading, defamatory or unlawfully disclosed information;
      • The User remains fully responsible for the Feedback;
      • The Company does not control, monitor, influence, contribute to or censor the Feedback;
      • The Company is not responsible and shall not be held liable in any manner for the accuracy of, reliability of, or User’s reliance on the Feedback, even if the information in the Feedback violates this Agreement;
      • vii.he Company reserves the right but is not under any obligation to remove the Feedback that, in Company’s sole judgement, violates this Agreement or has an adverse effect on the reputation of Elancerz or Company’s business interests; and
      • The Feedback cannot be used for making employment, credit, underwriting, or similar decisions regarding the Users.
  5. Relationships between the ContractorsSection 3 contains the terms and conditions pertaining to the Service Contracts concluded between the Users through Elancerz.
    1. Service Contracts.If the Contractors decide to enter into the Service Contract through Elancerz, the Service Contract is the contractual relationship between the Contractors. The Contractors have complete discretion with regard to whether to enter into the Service Contract and the terms of the Service Contract. The Contractors acknowledge and agree that the Company is not a party to the Service Contracts and the formation of the Service Contracts does not create employment, partnership, joint venture, or other service relationships between the Contractors and the Company. The Contractors agree to indemnify the Company against any fault, fraud, claim that may arise out of Contractors’ use of Elancerz. By using Elancerz, the Contractors accept full liability for the Service Contracts and indemnify the Company against any dispute that may arise between the Contractors. The Contractors are entitled to enter into any agreements as they deem to be appropriate (e.g., a confidentiality or assignment agreements), provided that such agreements do not conflict with, narrow, or expand this Agreement. By concluding the Service Contracts through Elancerz, the Client acknowledges and agrees that the Client is purchasing services from the respective Freelancer and not directly from the Company, and the Freelancer is solely responsible for delivering those services. Therefore, for any specifics related to the Service Contracts, the Client is requested to contact the respective Freelancer directly. The Client is solely responsible for carrying out appropriate checks regarding the Freelancers, including, without limitation, their relevant trade and industry accreditations, qualifications, legal authorisations, the scope of insurance, and availability schedule prior to concluding the Service Contracts. The Company shall not be responsible for any misrepresentation of any User. The Users agree to report any abuse related to the Service Contracts without undue delay to the Company. The Company reserves the right but is not under any obligation to investigate the reported abuse and impose proportional sanctions on the Users suspected to abuse. The Company shall not be responsible for any late or incorrect reporting of abuse.
    2. ConfidentialityThe Users agree to keep in confidentiality and not to use, disclose or communicate in any manner any proprietary information about the Service Contracts, each other, their officers, directors, employees, contractors, agents, operations, marketing strategies, software, codes, passwords and login information to email accounts, web pages, phone systems, ticket systems, pricing structure, clientele, or any other proprietary information. The said information is material and confidential. The Contractors further agree to keep in confidentiality all communication exchanged through the communication functionality available on Elancerz. On the disclosing party’s request, the receiving party shall promptly destroy or return all confidential information.
    3. The Deliverables.Any and all deliverables arising from or related to the Service Contacts, including, but not limited to, any digital content, plans, drawings, documents, texts, photographs, images, graphic designs, logos, marketing materials, source code, reports, decks, presentations, strategies and ideas, audio and video materials, or any other materials and services commissioned by the Client from the Freelancer (collectively, the “Deliverables”) shall be deemed to be works for hire and shall be the sole and exclusive property of the Client. The Deliverables shall be delivered within the time period agreed upon by and between the Contractors. The Freelancer may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Deliverables without a prior written authorisation from the Client. In the event a court of law or an arbitration panel finds this section 3.4 to be invalid or unenforceable in any respect and for any reason, the Freelancer hereby grants to the Client non-exclusive, perpetual, royalty-free, irrevocable and worldwide rights, with rights to sub-license through multiple levels of sub-licenses, to reproduce, make derivative works from, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, have made, use, sell, import, offer for sale, and exercise any and all present or future rights in the Deliverables.
    4. Faulty Deliverables.If the Client finds that the received Deliverables are faulty, the Client is entitled, within 5 calendar days from the receipt of the Deliverables, contact the Freelancers and:
      • Request a partial or full refund; or
      • Request to replace the Deliverables with the same non-faulty Deliverables or similar Deliverables.
    5. Disputes between the Users. THE COMPANY IS NOT A PARTY TO THE SERVICE CONTRACTS; THE COMPANY DOES NOT PARTICIPATE IN THE RESOLUTION OF ANY DISPUTES BETWEEN THE CONTRACTORS. The Company is not responsible for any disputes that arise between the Users, nor is the Company obliged to receive or process complaints against the Users or resolve disputes between the Users, unless the complaint concerns the performance of Company’s legal or contractual obligations under this Agreement. In case the User intends to obtain an order from any arbitrator or any court that might direct the Company to take any action regarding the dispute, the User agrees to: (i) give the Company at least 5 business days notice of the hearing and (ii) pay to the Company in full the fees corresponding to the reasonable value of the services to be rendered pursuant to the order at least 3 business days in advance. If the User initiates arbitration proceedings, the User agrees to pay all legal fees related thereto.
  6. The Fees
  7. Section 4 describes the fees payable by the Clients to the Freelancers.
    1. The Fees.As compensation for the provided services, the Freelancer is entitled to the fees payable by the Client for each Service Contract completed successfully through Elancerz (the “Fees”). When the Client concludes a Service Contract through Elancerz, the Client agrees to pay the Fees to the Freelancer, as agreed under the Service Contract in accordance with Freelancer’s individual pricing policy. The Freelancer shall not be entitled to any further payments from the Client for any reason whatsoever, unless expressly agreed to by the Client. If the Service Contract is completed successfully and no disputes arise between the Contractors regarding the respective Service Contract within 5 calendar days from the delivery of the Deliverables, the Freelancer is entitled to request a payout of the Fees. Should the Client find the Freelancer’s services be of dissatisfactory quality, the Client is entitled to (i) dispute the Deliverables within 5 calendar days from the receipt of the Deliverables and (ii) rate the Freelancer and provide the Feedback accordingly. The Freelancer is entitled, but has no obligation, to provide discounts for the Fees. The discounts will be clearly indicated on Elancerz. The Fees paid by the Client to the Freelancer through Elancerz constitute the entire amount payable for the respective Service Contract.
    2. Commission and service feesUsers' use of Elancerz is free of charge. The Company reserves the right, at any time and at its sole discretion, to start to charging commission, service fees, subscription fees or other payments for Users’ use of Eleancerz and any transactions related thereto. All registered Users shall be informed in advance about applicable fees and the schedule of the applicable fees shall be made available on Elancerz.
    3. Taxes.The Fees exclude all applicable taxes (e.g., VAT, GST and other sales taxes), levies, or duties imposed by taxing authorities. Unless otherwise stated in the schedule of the Fees, the Users are responsible for paying all applicable taxes, levies, and duties, including the tax applicable to the services provided or received under the Service Contract, and excluding local taxes based solely on Company’s income.
    4. No introduction.he Company does not engage in introducing the Clients to the Freelancers and does not assist the Freelancers to secure projects on Elancerz. The Company merely makes Elancerz available for facilitating the communication and transactions between the Clients and the Freelancers. Therefore, the Company does not charge any fees for the Clients, the Freelancers, and the projects found on Elancerz, as well as the Feedback related thereto.
    5. Expenses.Unless agreed otherwise by the Client, the Freelancer agrees to cover all reasonable expenses incurred within the scope of the provided services, including, but not limited to, software costs, sub-contractors’ fees, fees for the services provided by third parties, postage and copying expenses, long-distance and/or international telecommunications expenses, transportation costs, lodging, meals, except for the shipping costs for the delivery of the Deliverables. The Freelancer shall be solely responsible for providing evidence to the Client of the expenses incurred (e.g., invoices).
  8. Payment Terms
  9. Section 5 explains what payment terms apply with regard to the Service Contracts.
    1. Payment processors. All payments related to Elancerz, including payment of the Fees, are processed by third-party payment processors and escrow service providers, the list of which is indicated on Elancerz (collectively, the “Payment Processors”). You agree not to hold the Company liable for payments made or received by you with regard to the Service Contracts, including, without limitation, the payments that do not reach the Freelancers because you have quoted incorrect payment information or the Payment Processors refused the payment for any other reason. Please note that the Payment Processors may collect from you some personal data, which will allow them to make the payments requested by you (e.g., your name, credit card details, payment account information, or any other required personal data). You hereby represent, warrant, and covenant that (i) you are legally authorised to make and receive payments by using the Payment Processors and provide payment details related thereto and (ii) your use of the Payment Processors does not and will not violate the terms and conditions applicable to your use of the Payment Processors or the applicable laws. The Payment Processors handle all the steps in the payment process on their websites, including data collection and data processing. For the payment service agreements and policies applicable to your payments, please refer to the website of your chosen Payment Processor.
    2. Escrow terms. If the Contractors use the escrow services provided by the Payment Processors (the “Escrow”), as soon as the Service Contract is concluded, the Fees shall be debited from Client’s payment method and placed into escrow operated by a certified third-party escrow service provider. The Fees shall be held in the Escrow until the Service Contract is completed. Third-party escrow individual terms and conditions shall apply to the funds held therein. If the Service Contract is completed successfully and no disputes arise between the Contractors regarding the respective Service Contract, the funds shall be released to the Freelancer within 14 days from the completion of the Service Contract. The Freelancer shall be solely responsible for the payment of any and all fees to the Payment Processor involved in the processing of the Fees. Should the Client find the Freelancer’s services be of dissatisfactory quality, the Client is entitled to dispute the payout to the Freelancer. The Escrow is used to deliver, hold, and/or receive payments under the Service Contracts; it is not a bank. The Company does not provide escrow services and is not licensed to do so. The Company shall not be liable for any conduct, misconduct, or any disputes related to the third-party escrow service provider. No interest is payable on the funds held in the Escrow. The Escrow made available on Elancerz is intended for business use and, therefore, cannot be used for other purposes like personal, consumer, family, or household purposes. The funds will be deposited, held and released in accordance with the terms and conditions of the third-party escrow service provider. Please refer to its website for more information.
    3. Non-payment.If the Client fails to pay the Fees due, the Freelancer shall be entitled to the following remedies, in addition to other remedies that may be available under the applicable law:
      • Request the Company to temporarily or permanently close Client’s Account;
      • Seek from the Client all amounts due plus interest on the outstanding amounts or the maximum interest permitted by the applicable laws;
      • Charge the Client, with a prior notice, all or a portion of the amounts due; and
      • Report the Client to credit reporting agencies and law enforcement authorities and cooperate with them in investigation and prosecution.
    4. RefundsUnless the Freelancer provides otherwise, the Fees are non-refundable, except (i) if the Service Contract is subject to a dispute by the Contractors, or (ii) otherwise required by applicable law. All disputes related to the Service Contracts should be resolved by the Contractors.
    5. Invoices.3.5.The Freelancer is responsible for issuing invoices under the Service Contracts (the “Invoices”). The Invoices can be viewed and downloaded through the Account. Please make sure that all information in respect to your Account is accurate and up-to-date so that the Invoices can be generated correctly. The Company accepts no responsibility if the Invoices are erroneous due to your failure to comply with this Agreement.
    6. Currency Conversion.3.6.All fees featured on Elancerz are in the currencies indicated on Elancerz. If you make or request payments in other currencies, the payments will be converted by using then-current foreign currency conversion rates set by the Payment Processor. The currency conversion rates and the available foreign currencies shall be made available by the Payment Processors. The currency conversion rates adjust regularly based on then-current market conditions. The Payment Processors may charge fees for the foreign currency conversion. All conversions are made at your own risk and the Company is not responsible for currency fluctuations that occur when receiving or sending payments through the Payment Processors.
  10. Non-Circumvention
  11. Section 6 discusses your obligation to make and receive payments through Elancerz only. If you decide to pay or accept payments outside Elancerz, your Account will be suspended immediately.
    1. Making payments through Elancerz.You hereby acknowledge and agree that (i) all payments for the Service Contracts must be made and accepted through Elancerz only by using the Payment Processors, (ii) Elancerz must be used as your exclusive method to negotiate, request, make, and receive the payments, (iii) no invoices, quotes, or price indications cane issued outside Elancerz, and (iv) your violation of this section 6.1 is a material breach of the Agreement and, therefore, your Account may be permanently suspended. The said obligation is valid at all times when the communication or transactions are carried out by and between the Users through Elancerz. By way of illustration, you are not allowed to:
      • Offer, solicit, accept any offers or solicitations, contract, hire, pay, receive payments, or invoice other Users outside Elancerz
      • Negotiate the Fees outside Elancerz;
      • Request or issue an invoice for an amount lower than the actual agreed Fees;
      • Communicate or conduct transactions outside Elancerz; and
      • Communicate or conduct transactions outside Elancerz; and
      • Refer other Users to third parties for making or receiving payments.
    2. Not sharing contact details.The Users must use Elancerz as a sole manner of communicating before entering the Service Contract. A violation of this section 6.2 is a material breach of the Agreement and, therefore, your Account may be permanently suspended. Unless allowed otherwise on Elancerz, the Users are not permitted to:
      • Provide contact details to any User of Elancerz. The term ‘contact details’ hereinafter should be understood broadly as a means to contact the User, including, without limitation, User’s phone number, email address, social media account, address, a link to a contact form, information about third-party communication tools like Skype, WhatsApp, WeChat, Facebook, Slack, or Viber;
      • Use User’s contact details to attempt to or to contact, communicate with, solicit, or find the contact information about the User outside Elancerz;
      • Provide, ask, or attempt to identify contact details of any User through public means; or
      • Include your contact details into any proposal, job offering, description, message, invitation, or other pre-hiring communication.
    3. Opting-out. You may opt-out from your obligations specified in sections 6.1 and 6.2 by paying a conversion fee determined by the Company. Please contact the Company for more information.
  12. Records of Compliance
  13. Section 7 states that you agree to make and keep all required records related to your use of Elancerz.
    1. You agree to create and maintain records that document your compliance with this Agreement, including, but not limited to, payment obligations and compliance with tax and employment laws. Upon request of the Company, you agree to provide copies of the said records to the Company or any third parties acting on behalf of the Company. You are solely responsible for creating, maintaining, storing, and backing up your records. Nothing in this Agreement is construed as a requirement for the Company to (i) monitor or assess your compliance with the Agreement or the terms of the Service Contracts or (ii) store, backup, retain, or grant access to the records.
  14. Warranty Disclaimer
  15. Section 8 disclaims all our warranties with regard to Elancerz.
  16. Limitation of Liability
  17. Section 9 limits our liability with regard to Elancerz.
    1. Unless otherwise excluded or limited by the applicable law, the Company will not be liable for any damages whatsoever, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your:
      • Use of or inability to use Elancerz;
      • The services provided or ordered under the Service Contracts;
      • Any content made available through Elancerz, whether provided by the Company, the Freelancer, the Client, or by third parties;
      • Any transactions carried out by and between the Users through Elancerz; v.Delays or disruptions of Elancerz;
      • Viruses or other malicious software obtained by viruses or other malicious software obtained by accessing, or linking to, Elancerz;
      • gs, errors, inaccuracies, or glitches of any kind in Elancerz;
      • Damage to your software or hardware;
      • Any actions or inactions of third parties;
      • x.Suspension or termination of the Account; and
      • Any amendments of these Terms.
  18. Release
  19. Section 10 states that you agree to release us from legal claims.
    1. You hereby absolutely and unconditionally release and forever discharge the Company and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which you have had, now has or have made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the time you start using Elancerz, whether such claims, demands and causes of action are matured or unmatured or known or unknown.
  20. Indemnification
  21. Section 11 explains that you agree to defend us against all claims.
    1. You hereby agree to indemnify, defend, save, and hold harmless the Company, its members, officers, directors, and other agents from and against all claims, liabilities, causes of action, damages, judgments, attorneys’ fees, court costs, and expenses which arise out of or are related to your use of Elancerz, the Service Contracts, violation of the rights of a third party, failure to perform as required, or result form conduct while engaging in any activity outside the scope of this Agreement before, during or after the termination of the Agreement. This obligation of indemnification survives the expiration or termination of the Agreement. You agree to cooperate with any and all litigation arising from or related to Elancerz or the Company, as appropriate.
  22. Term and Termination
  23. Section 12 states when this Agreement starts and terminates, and whether it is subject to amendments.
    1. Term. This Agreement shall commence on the day the User accepts it or starts using Elancerz, whichever earlier, and continues until the User ceases to use Elancerz (e.g., by deleting the Account), unless terminated earlier by the Company.
    2. Termination.The Company reserves the right, at its sole discretion with or without a notice to the User, to terminate this Agreement. The Agreement shall be terminated automatically if the User breaches any provision of the Agreement.
    3. Amendments. The Company reserves the right to modify this Agreement at any time, effective upon posting of an updated version on Elancerz. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of Elancerz, or Company’s business practices. The Company will send you a notification (if it has your email address) about any material amendments to the Agreement that may be of importance to you. You are responsible for regularly reviewing this Agreement to stay informed. Your continued use of Elancerz after any changes shall constitute your consent to such changes. The Company also reserves the right to modify the services provided through Elancerz at any time, at our sole discretion.
    4. Account data on closure. Unless required otherwise by law, the Company shall disable your access to the Account and any data related thereto (including, without limitation, your messages, files, or any content store) upon closure of the Account for any reason. The Company shall not have any liability whatsoever for your inability to access the Account and the said data.
    5. Survival. Unless required otherwise by law, the Company shall disable your access to the Account and any data related thereto (including, without limitation, your messages, files, or any content store) upon closure of the Account for any reason. The Company shall not have any liability whatsoever for your inability to access the Account and the said data.
  24. Disputes between the Company and the Users
  25. Section 13 explains how disputes can be resolved and which law governs this Agreement.
    1. Dispute resolution. You agree to resolve any disputes arising out of or relating to this Agreement by means of negotiation with the Company. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the courts located in South Africa.
    2. Governing law.This Agreement shall be governed and construed in accordance with the laws of South Africa, without regard to its conflicts of law provisions.
    3. This Section 13 does not affect any statutory rights that you are entitled to as a consumer.
  26. Intellectual Property
    1. The Company’s Content. Most of the content available on Elancerz, including all information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, the “Company’s Content”) is owned by the Company, its partners, agents, licensors, vendors, and/or other content providers. The Company's Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from the Company, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the Company Content to third parties, or use any manual or automated means to scrape any content available on Elancerz.
    2. Our brand. Most of the content available on Elancerz, including all information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, the “Company’s Content”) is owned by the Company, its partners, agents, licensors, vendors, and/or other content providers. The Company's Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from the Company, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the Company Content to third parties, or use any manual or automated means to scrape any content available on Elancerz.
  27. Acceptable Use Policy
    1. You are not permitted to use Elancerz in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
      • Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
      • Any unauthorised access to machines, programs, data, or committing any other forms of cyber offences;
      • Fraud;
      • Provision of false, inaccurate, or misleading information;
      • Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
      • Spreading ethnically, racially, or otherwise objectionable information;
      • Spreading of religious content;
      • Spreading of hate speech;
      • Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
      • Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening the Platform;
      • Interfering with or abusing other Users;
      • •Using bots, scripts, and other automated methods;
      • Scraping the data available on Elancerz; and
      • Collecting and disclosing any information about other Users without their prior valid consent.
  28. Final Provisions
    1. Entire agreement. This Agreement, together with the documents referred to therein, represents the entire agreement between the User and the Company regarding User’s relationship with the Company.
    2. Waiver. A failure of either party to the Agreement to enforce strictly a provision of this Agreement shall in no event be considered a waiver of any part of such provision. No waiver by either party of any breach or default by the other party shall operate as a waiver of any succeeding breach or other default or breach by such other party. No waiver shall have any effect unless it is specific, irrevocable and in writing.
    3. Assignability. You are not allowed to assign your rights under this Agreement. The Company is entitled to transfer its rights and obligations under this Agreement entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate this Agreement with immediate effect by deleting the Account and ceasing to use Elancerz.
    4. Severability. To the extent that any provision of this Agreement is deemed unenforceable, all remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect.
    5. Force majeure. The availability of Elancerz may be affected by factors, which the Company cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service Freelancers, or force majeure events; the Company takes no responsibility for the unavailability of Elancerz caused by such factors. The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of, any obligation hereunder for a reasonable period due to the factors mentioned in the preceding sentence.
    6. Prevailing lang. The English language version of the Agreement will be controlling in all respects and will prevail in case of any inconsistencies with translated versions.
    7. Electronic records. 16.7.. Any notices related to your use of Elancerz shall be delivered electronically and not in paper form. By concluding this Agreement, you agree to receive the said notices in electronic form.
    8. Interpretation. T16.8.In this Agreement, words in the singular include the plural meaning and words in the plural include the singular meaning.
  29. contact
  30. Email: info@elancerz.com
    Postal address: ElancerZ, 1st floor, Block D, Sandhavon office park, 12 Pongola Crescent, Eastgate extension 17, Sandton, South Africa, 2090