Terms of Service

Overview and Definitions

Hiveswork.com is an online marketplace that enables buyers of professional services (“Employers”) to search for, enter into and manage transactions with providers of professional services (“Freelancers” and, collectively with Employers, “Registered Users”). The Website contains features that enable Freelancers and Employers to do, among other things, the following:
Employers: Post Jobs, search for Freelancers, communicate with Freelancers, negotiate with Freelancers, award Jobs to Freelancers, manage Jobs, leave feedback for Freelancers, and pay Freelancers.
Freelancers: Create profiles, advertise capabilities, submit Quotes, negotiate with Employers, obtain Job awards, invoice, obtain feedback from Employers, and receive payment from Employers.
We also provide registered users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website

Registration

(A) Eligibility
To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) Abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) Be financially responsible for your use of the Website and the purchase or delivery of services; and (3) Perform your obligations as specified by any Job Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. Hiveswork.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
(B) Registration
To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
(C) Accounts and Profiles
General. Once you have registered with the Website as a Registered User, the Website will create your Account with Hiveswork.com and associate it with an account number. You may create a profile under your Account, in accordance with Section 2(D). Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize Hiveswork.com to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the account.
(D) Membership
Hiveswork.com provides Registered Users with several different membership options. The availability of these membership options is dependent upon (i) the Registered User’s status as an Employer or a Freelancer (ii) the selections made during registration, (iii) any subsequent upgrades or downgrades of membership options after registration.
Employers: All Employers have the membership benefits described here. Note, membership benefits may change at the sole discretion of Hiveswork.com.
Freelancers: Freelancers can choose from different membership options. The differences between these options are listed here.
Each membership option includes a certain number of “Bids.” As described on the Website, a Freelancer uses Bids to submit Quotes for Jobs. If a Freelancer requires additional Bids in a given month, the Freelancer has the option to buy additional Bids as described here. We reserve the right to change membership fees, the monthly number of Bids included in the membership options or the price of Bids, or institute new fees at any time, at the sole discretion of Hiveswork.com and upon reasonable notice posted in advance on the Website. No refunds of membership fees or Bids already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.

Relationship

(A) Employer and Freelancer
  1. Job Agreement: The engagement, contracting, and management of a Job are between an Employer and a Freelancer. Upon acceptance of a Quote, the Employer agrees to purchase, and the Freelancer agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the Job Agreement between Employer and Freelancer including the Quote, Job Description, and other terms and conditions as communicated between Employer and Freelancer on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by Hiveswork.com (collectively, the “Job Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Job Agreement in conflict with these Terms of Service is void. An employer is responsible for managing, inspecting, accepting, and paying for satisfactory services and deliverables in accordance with the Job Agreement in a timely manner. Freelancer is responsible for the performance and quality of the services in accordance with the Job Agreement in a timely manner. Employer and Freelancer each covenants and agrees to act with good faith and fair dealing in performance of the Job Agreement.
  2. Independence: Employer and Freelancer each acknowledge and agree that their relationship is that of independent contractors. The Freelancer shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Freelancer and Employer or between Hiveswork.com and any Employer or Freelancer.
(B) Registered Users and Hiveswork.com
  1. Genral: Hiveswork.com is not a party to the dealing, contracting and fulfillment of any Job between an Employer and a Freelancer. Hiveswork.com has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of Job listings, the qualifications, background, or abilities of Registered Users, the ability of Freelancers to perform services, the ability of employers to pay for services, or that an Employer or Freelancer can or will actually complete a Job. Hiveswork.com is not responsible for and will not control the manner in which a Freelancer operates and is not involved in the hiring, firing, discipline, or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Freelancer. Hiveswork.com will not provide any Freelancer with any materials or tools to complete any job. Employers and Freelancers must look solely to the other for enforcement and performance of all the rights and obligations arising from Job Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
  2. Third-Party Beneficiary of Job Agreement: Employer and Freelancer each acknowledges and agree that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Job Agreement. Employer and Freelancer, therefore, appoint Hiveswork.com as a third-party beneficiary of their Job Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, Hiveswork.com by these Terms of Service. Employers and Freelancers further agree that Hiveswork.com has the right to take such actions with respect to the Job Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as Hiveswork.com in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
  3. Agency: These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Hiveswork.com, except and solely to the extent expressly stated.
  4. Taxes: Registered Users are responsible for payment and reporting of any taxes.Hiveswork.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by Hiveswork.com. You agree that you will abide by any and all applicable state and federal tax statutes, regulations, and common law. In the event, Hiveswork.com receives a notice of non-compliance with any such statute, regulation, or common law, including, without limitation, an Internal Revenue Service Levy, Hiveswork.com will deem such receipt a breach of this section and will suspend your Account until Hiveswork.com received an Internal Revenue Service Release.

Hiveswork.com Fees

(A) Membership Fee
Freelancers can choose various membership programs to subscribe to different levels of participation on the Website, as detailed here.
(B) Service Fees
Hiveswork.com deducts one or more of the following fees, as applicable, from payments made by Employers to Freelancers using the Hiveswork Billing and Payment Services:
  1. Job Fee: Hiveswork.com charges all Freelancers a Job Fee. The fee is based on a Freelancer’s membership type and is deducted from the total amount paid by an Employer for a Job as described here.
  2. Employer Payment Handling Fee: When an Employer pays a Freelancer, a Payment Handling Fee (2.9%) will be added to the invoice total.
  3. Freelancer Transfer Method Fee: If, upon a Freelancer’s request, funds are to be disbursed via a wire transfer, a Freelancer Transfer Method Fee will be charged to the Freelancer as described here. Transfers made through use of automated clearinghouse, Paypal and Payoneer debit card methods will incur no such fee.
  4. Arbitration Service Fee: For use of Arbitration Services, irrespective of the nature of resolution and any resulting disbursements, Hiveswork.com charges a Arbitration Service Fee, equal to the greater of twenty-five dollars ($25.00) and five percent (5%) of the total amount paid by an Employer to Hiveswork.com for the applicable Job to which such payment relates.
  5. Employer Withdraw Fee: When the Employer withdraws funds from their cash account there is a withdrawal fee (3.5%). This fee will be subtracted from the amount withdrawn.
(C) We reserve the right to change any fees associated with Hiveswork.com at any time, at the sole discretion of Hiveswork.com. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.

Hiveswork Billing And Payment Services

(A) Hiveswork Invoice Service
The Hiveswork Invoice Service enables Freelancers to issue invoices and enables Employers to make payments for services.
  1. General: When a Freelancer delivers services to the Employer, the Freelancer will complete the electronic invoice form (the “Invoice”) and submit it to Hiveswork.com via the Website. A Freelancer must complete and submit an Invoice to Hiveswork.com for each and every payment.
(B) SafePay Service
The SafePay Service enables Employers to transfer certain payment responsibilities to Hiveswork.com.
  1. General: At an Employer’s request, upon payment to Hiveswork.com by Employer for services to be rendered by a Freelancer, Hiveswork.com will assume responsibility for the payment for such Freelancer’s services (less applicable Service Charge). Hiveswork.com agrees not to pay Freelancers for services until after the occurrence of an Employer’s Acceptance of Services. You acknowledge that such funds will belong to Hiveswork.com immediately upon such funds being transferred to Hiveswork.com by you. However, Hiveswork.com agrees to refund such funds to Employer in the event that (a) a Freelancer acknowledges that services have not been completed or (b) Employer and Freelancer have concluded the process comprising the Arbitration Service with a result indicating that Employer is the rightful recipient of such funds. Hiveswork.com agrees to keep both Employer and Freelancer informed as to the status of the Assumed Payment Liability and if, for any reason, a party requests Arbitration Service regarding such status, will notify both parties that the matter will be addressed through the Arbitration Service.
  2. SafePay Disputes: If an Employer or Freelancer reasonably disputes the quality or completion of services provided by such Freelancer, then both Employer and Freelancer agree that Hiveswork.com shall have no payment obligations to any party related to relevant fees until such dispute is resolved in accordance with Section 6 below. Hiveswork.com’s obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such Payment.
(C) Funds Transfer
  1. General: To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if Hiveswork.com determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, Hiveswork.com has the right to refuse to process such request.
  2. Hold on Transfers: Hiveswork.com reserves the right, at its sole discretion, to place a hold on requested transfers if Hiveswork.com suspects monies may be subject to charge back, bank reversal, failure to clear or fraud. Hiveswork.com will release a hold as soon as practical.
(D) Legal Relationsihp
  1. Hiveswork.com is not your agent with respect to any funds that have been transferred to Hiveswork.com for any Assumed Payment Liabilities.
  2. Each Freelancer must properly discharge and credit Employers for all payments that Hiveswork.com makes to such Freelancer in respect of services provided to such Employers.
  3. Hiveswork.com acts as a payment provider by creating, hosting, maintaining, and providing the Hiveswork Billing and Payment Services to you via the Internet. Hiveswork.com does not have any control over the services invoiced or paid for with the Hiveswork Billing and Payment Services. Additionally, Hiveswork.com does not control whether an Employer or Freelancer will actually complete the underlying transaction. Hiveswork.com is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any work product produced by a Freelancer as a result of an awarded Job. Nothing in these Terms of Service will be deemed to constitute Hiveswork.com as your agent with respect to any service purchased and sold by Registered Users through the Website, or expand or modify any warranty, liability or indemnity stated in these Terms of Service.
  4. By using the Hiveswork Billing and Payment Services, you expressly acknowledge that
    1. Hiveswork.com is not acting as a trustee or a fiduciary of Employers or Freelancers and that the Hiveswork Billing and Payment Services are provided to Registered Users administratively;
    2. Hiveswork.com is not a “financial institution” as defined under the Bank Secrecy Act (BSA) and the Hiveswork Billing and Payment Services are payment services rather than a banking services; (c) HIVESWORK.COM IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH HIVESWORK.COM ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
(E) Miscellaneous Payment Terms
  1. Authorized Payments are Final: Your use of the Hiveswork Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When an Employer’s Acceptance of Services has occurred, (i) Hiveswork.com shall have no further liability to any party with respect to Payment for such services, (ii) Employer acknowledges that Hiveswork.com has provided a complete service in respect of the payment made by Employer for the Assumed Payment Liability or Invoice, as applicable and (iii) Employer hereby releases Hiveswork.com from any and all liability with respect to such Payment.
  2. Fraudulent Transactions: Erroneous or Duplicate Transactions; Charge Backs. Hiveswork.com reserves the right to seek reimbursement from you, and you will reimburse Hiveswork.com, if Hiveswork.com discovers a fraudulent transaction, erroneous or duplicate transaction, or if Hiveswork.com receives a charge back or reversal from any Employer’s credit card company, bank, or PayPal for any reason. You agree to and acknowledge Hiveswork.com’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Hiveswork.com in an effort to investigate fraud. You agree that Hiveswork.com has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.
  3. Currency: The Hiveswork Billing and Payment v operate in US Dollars and therefore Hiveswork.com is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is Hiveswork.com responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account or PayPal account.
  4. Exclusivity and Non-Circumvention: Employers agree to use the Hiveswork Billing and Payment Services to make all payments to Freelancers, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the Hiveswork Billing and Payment Services or any associated fees. As a Freelancer, you agree to use Hiveswork Billing and Payment Services to receive all payments from Employers identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the Hiveswork Billing and Payment Services or any associated fees.
  5. Notification: As an Employer, you agree to notify Hiveswork.com immediately if your Freelancer solicits payment from you outside the Website. As a Freelancer, you agree to notify Hiveswork.com immediately if your Employer seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the Hiveswork Billing and Payment Services, please submit a confidential report to Hiveswork.com by contact us.
  6. Agreement to Pay: If, for any reason, Hiveswork.com does not receive payment for any amounts that you have authorized to be paid through your use of the Hiveswork Billing and Payment Services, you agree to pay such amount immediately upon demand by Hiveswork.com. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Hiveswork.com in collecting from you the authorized but unpaid amount. In such case, Hiveswork.com may, at its option, stop processing any further payments made by you and apply any amounts then held by Hiveswork.com on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Hiveswork Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

Term; Termination and Suspension

  1. These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or Hiveswork.com as provided for under the terms of this section.
  2. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) Hiveswork.com shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) You shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Hiveswork.com for any service and to any Freelancer for any services.
  3. Any termination of an Account will automatically lead to the termination of all related profiles.
  4. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for Hiveswork.com or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
  5. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
  6. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the Hives work Billing and Payment Services or otherwise reduce fees owed Hiveswork.com under these Terms of Service, you must pay Hiveswork.com for all fees owed to Hiveswork.com and reimburse Hiveswork.com for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
  7. When your Account is terminated for any reason, you may no longer have access to data, messages, files, and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.

Privacy and Confidentiality

Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the Hiveswork.com Privacy Policy. It is your responsibility to review the Hiveswork.com Privacy Policy, which is incorporated by reference, and we suggest that you review the Privacy Policy and print a copy for yourself. The Privacy Policy is posted on the Website and may be updated from time to time. Unfortunately, we cannot ensure that disclosure of your personal information will not occur in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.