Terms of Service

Your acceptance

Welcome to the Terms of Use for the websites owned by Freela Web and all services provided by Freela Web (collectively referred to as the “Platform”). This is an agreement (“Agreement”) between Freela Web, Inc. (“Freela Web”), the owner and operator of the Platform and you (“you”, “your” or “user(s)”), a Platform user. If you wish to make any transactions on the platform, you will have to agree to our terms.

Throughout this Agreement, the words “Freela Web”, “we”, “us”, “AND” our”, refer to our company, Freela Web, as appropriate in the context of the use of the words.

By clicking “I Agree” or accessing the Platform, you agree to be bound by this Agreement and the Privacy Policy. We may change this Agreement at any time and will notify you if we do so. PLEASE be aware that there are arbitration and class action provisions that may affect your rights.

2. User Accounts and Signup

Parts of the Platform may require you to create a login or sign up for an account.

You must fully complete the registration process by providing us with your current, complete, true and accurate information as prompted by the applicable registration form.

Where necessary, Freela Web can also assign a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account.

You agree to notify Freela Web immediately of any unauthorized use of your account or any other breach of security.

Freela Web is not responsible for any losses incurred as a result of someone else using your password or account, with or without your knowledge.

However, you may be held liable for losses incurred by Freela Web or third parties due to someone else using your account or password.

You may not use anyone else’s account at any time without the permission of the account holder.

Companies may register through the Platform, but may only have one user account.

If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf.

Freela Web has the sole discretion to grant or deny accounts. you represent and warrant that you are authorized by your company to create an account on behalf of your company.

Freela Web has the sole discretion to grant or deny accounts. you represent and warrant that you are authorized by your company to create an account on behalf of your company. Freela Web has the sole discretion to grant or deny accounts.

3. Privacy

Read Freela Web’s Privacy Policy for more information about the collection and use of your information.

4. Access to the platform

Once you have properly registered on the Platform , we grant you a personal, non-exclusive, fully revocable, non-transferable and limited right to use and access our Platform, as permitted by us.

As a user, you receive no ownership interest in the Platform; you are only granted the right to use and access the Platform as provided by us. All rights not explicitly granted are reserved to Freela Web. You agree to comply with the following restrictions listed below:

– You may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute or create derivative works or improvements to the Platform or any part of the Platform.
– You may not share your license with other parties unless permitted in writing by us.
– You may not violate any Brazilian law, rule or procedure.
– You may not violate any of our additional policies.
– You may not use our platform except through the specific channels provided by us.
– You may not use the Platform on a computer used to operate nuclear facilities, life support or other critical applications where life or property may be at risk.
– You may not sell, lease, lend, distribute, plagiarize, transfer or sublicense the Platform unless authorized by us.

Please be aware that this is not a comprehensive list of restrictions; If you violate any of these restrictions, we may terminate your license to use our Platform at our discretion. Additionally, we may revoke or restrict your access to our platform if we believe that your actions could harm or harm Freela Web or the account itself. Our failure to revoke your access does not act as a waiver of your conduct.

5. User Content

Your ability to submit or transmit any information through the Platform, including without limitation text, audio messages, videos, photos, images or any other information will be referred to as “ User Content ” throughout this Agreement. All User Content you submit to the Platform will be your property . Please be aware that we are not obligated to host, display, migrate, or distribute any “User Content” and may refuse to accept or transmit any User Content.

You agree that you are solely responsible for any User Content you submit and release us from any liability associated with any User Content you submit. You understand that we cannot guarantee the absolute security of any User Content. Any User Content that violates this Agreement or that we determine to be harmful to the Platform may be modified, edited or removed at our discretion.

Freela Web does not endorse and cannot verify, monitor or restrict any of its users or any User Content submitted. You agree that any “User Content” or any other information may be inaccurate, unsubstantiated or possibly even incorrect.

By submitting any User Content to our Platform, you represent and warrant that you own all rights to the User Content and have paid for or have permission to use any User Content you submit.

By submitting any User Content to us, you grant Freela Web, its partners, affiliates, users, agents and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, worldwide, universal, transferable, assignable license to display, perform publicly distribute, store, transmit, reproduce, modify, prepare derivative works of, and otherwise use and reuse all or part of your “User Content.” It is important that you grant us this license so that we can transmit your User Content to other users through our platform and create marketing actions. Additionally, although you own all User Content submitted by you, we own all layouts, arrangements, metadata and images that are used to render User Content through our Platform.

6. Platform Availability and Modification

Although we attempt to provide you with continuous availability of the Platform, we do not guarantee that the Platform will always be available, function or be accessible at any time. We do not provide uptime guarantees . We reserve the right to change, modify, update or remove our Platform at any time. We may make such modifications to our Platform for security reasons, intellectual property reasons, legal reasons or various other reasons, at our discretion, and we are not obligated to explain such modifications. For example, we may provide updates to fix security holes or respond to legal demands. Please note that this is a non-binding illustration of how we may exercise our rights under this section, and nothing in this section requires us to take steps to update the Platform for security, legal or other reasons.

7. Your conduct when using the platform

When accessing or using our Platform, you are solely responsible for your use and for any use of the Freela Web Platform made using your account. You agree to comply with the following rules of conduct:

– You will not copy, distribute or disclose any part of the Platform in any medium, including, without limitation, any automated or non-automated “plagiarism”;
– You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to/from the servers running the Platform;
-You will not use any robot, spider, copy-paste, scraper or other automated means or interface not provided by us to access the Platform or extract or export data collected through the Platform;
- – You will not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
– You agree not to use the Platform to stalk, harass, intimidate, threaten or harm another person;
– You agree that you will not hold Freela Web responsible for the use of the Platform;
– You may not post any User Content that is violent, distasteful, contains nudity or sexual acts, or does not comply with community standards;
– You agree not to violate any requirements, procedures, policies or regulations of networks connected to Freela Web;
– You agree not to interfere with or disrupt the Platform;
– You agree not to violate any federal or state law in BRAZIL when using the Platform; It is
– You agree not to use the Platform in any way that is: misleading, illegal, defamatory, obscene, invasive, threatening or harassing.

If you discover that you are taking any of the aforementioned actions or if we believe that any of your actions may harm the Freela Web Platform or business interests, your privileges to use our Platform may, at our discretion, be terminated, revoked or suspended . Generally, we will provide an explanation for any suspension or termination of use of any of our Platform, but Freela Web reserves the right to suspend or terminate any account at any time without notice or explanation.

8. Seller Services Disclaimer

Freela Web EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING FROM: THE ACTIVITY OF ANY SELLER AND ANY LOSS OR INJURY ARISING FROM YOUR PURCHASE OR USE OF ANY SELLER SERVICE. YOU ACKNOWLEDGE AND AGREE THAT FREELA WEB MAY PROVIDE INFORMATION ABOUT A SELLER BASED ON LOCATION, RESOURCES OR RELEVANCE. However, this information is based solely on data submitted by the seller, and FREELA WEB PROVIDES ITS INFORMATION SOLELY FOR THE CONVENIENCE OF ALL USERS AND IS NOT AN INTRODUCTION, ACKNOWLEDGMENT OR RECOMMENDATION BY FREELA WEB. All Seller Services are sold “as is”. The user releases Freela Web from any liability associated with the user’s use of the Platform or the purchase of any Services from the Seller.

Freela Web is not part of any contract between users and Sellers . Furthermore, Freela Web does not control or direct the Seller or the Seller’s Services, including, without limitation, delivery date, performance or quality. Freela Web does not introduce users to Sellers. Freela Web only makes the Platform available to allow Sellers to identify and determine the suitability of Users for themselves and for Users to identify and determine the suitability of Sellers for themselves. Any opinions, advice or information expressed by any Seller are solely those of the individual and the individual and do not reflect the views of Freela Web. Freela Web does not direct, is not an employer , has no control over, makes no representations and does not guarantee quality , safety or legality of any Seller Services provided by Seller.

9. Payments

To purchase any digital service/product from any provider or company, the seller may be required to pay a fee, as listed on the Platform. The Seller will receive the Total Value minus these fees minus those deducted by Freela Web . If you wish to purchase something from our Platform, you agree that we may charge your payment method on file and you agree to pay the fee listed on the Platform for buyers. Your credit card or other payment method information will be processed and stored by third parties as described in the privacy policy . All payment information is hosted on PCI/DSS compliant services . Although you may have a balance in your account.

10. Order Confirmation

Seller/Company listings are not confirmed until the user receives an order confirmation (the “Order”) from the Seller. All orders are subject to additional terms and conditions of the seller as listed by the seller. Seller may list dates and schedules of Seller Services to be provided for each order or other relevant information. Freela Web is not responsible for any orders or the delivery of any services from the seller.

11. Refunds

At Freela Web, we want you to be satisfied with any Service/digital product from any Seller offered through the Platform. All orders placed by a user will only be refunded if that order has not been fulfilled by a seller or is in a form very different from that offered. Before any Order can be refunded for any Seller Services, the user must first attempt to contact the Seller. If the Seller does not respond or does not deliver the Order as promised to the user, the user can initiate a mediation request or if the seller has not yet scheduled delivery, it can be canceled immediately directly on the order page by the buyer without having to go through by our mediation team. Please be aware that refunds can only be given for unfulfilled orders and no refunds will be issued for any other reason. All refunds are issued at the sole discretion of Freela Web. If you would like to request a refund or have any issues with your account billing, please contact us at [email protected]

12. Usage and Fees

Users and sellers acknowledge and agree that in order for Freela Web to make the platform available, it must receive fees for all orders and seller digital services/products made. When considering making the Platform available to users and Sellers, you agree that for a period of 24 months from the time you identify or are identified by any party on the Platform, you shall use the Platform as your exclusive method of requesting, making , and receive all payments for any Services or Seller Orders, directly or indirectly, provided to or received from that party or arising from your relationship with that party.

13. Conflicts between sellers and users – Dispute

In the event of a dispute between Seller and user, Seller and user agree to attempt to resolve the dispute amicably and in good faith by contacting each other and attempting to resolve such dispute. If such dispute cannot be resolved, the Seller or the user may contact Freela Web. Freela Web, at its discretion, may assist in resolving the dispute. If Freela Web assists in any dispute resolution, the Seller and the user agree to accept the resolution as resolved, binding and final. This section does not obligate Freela Web to resolve disputes between users and sellers, and all users agree that Freela Web is not a party to such disputes.

14. Termination

You can cancel your account at any time through the Freela Web panel or by contacting us at [email protected] formalizing it directly in your registration email. Please be aware that upon termination of your account, access to portions of our Platform may be immediately disabled and any uncompleted Services or Seller Orders may be terminated. Upon termination, you will not be entitled to any refund of any fees paid except as set forth in this Agreement. We may terminate your membership if we determine that:

(1) you have violated any applicable law when using our Platform;

(2) if you have violated this Agreement or any other Platform policy;

(3) if your account remains inactive for an extended period of time; or

(4) if we believe that any of your actions could harm Freela Web, in our sole decision or discretion. In the event of termination, we will endeavor to provide a timely explanation; however, we are not required to do so.

15. Taxes

Depending on the laws in your jurisdiction, you may be taxed on any payments or purchases. Therefore, at the time of payment, we may charge you all applicable taxes related to your use of the Platform. In the event we do not collect applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be imposed by us, you agree that you will pay any applicable taxes or fees to the taxing agencies that have jurisdiction over you. In the event that we do not collect the relevant taxes owed by you, you agree that we are not responsible for collecting, transmitting or advising taxes, duties or other fees imposed by the government on your payments.

16. Chargebacks

We try to protect our sellers from chargebacks by employing different fraud detection methods . In the event of a chargeback, we will notify the Seller immediately and the Order will be immediately canceled . If we believe that you have participated in a fraudulent chargeback, we will pursue our claims against you to the fullest extent permitted by law . Please be aware that Sellers will not be compensated for lost profits or time due to a user chargeback. If we believe that a user has submitted a fraudulent chargeback, we will forward your information to the applicable law enforcement agency and/or “Station” and your fraudulent chargeback may result in a civil fine or imprisonment . You can only have a refund if the seller’s deadline has passed and you have not yet received the expected service .

17. Submitting Ideas

Freela Web or any of its employees do not accept or consider unsolicited ideas, including, without limitation, ideas related to processes, technologies, product improvements or product names. Do not send ideas, content, illustrations, suggestions or other unsolicited work (“Submissions”) in any form to Freela Web. The sole purpose of this policy is to avoid possible misunderstandings or disputes when Freela Web products appear similar to the ideas that you submitted to Freela Web. If, despite our request that you not send us your ideas, you agree to the following:

(1) your submissions and content will automatically become the property of Freela Web, without any compensation to you;

(2) Freela Web may use or redistribute the submissions and their content for any purpose and in any way;

(3) there is no obligation for Freela Web to review the submission; and (4) there is no obligation to keep submissions confidential.

18. Intellectual Property

The name “Freela Web” , the design of the Freela Web Platform, together with Freela Web, created texts, writings, images, models, scripts, graphics, interactive resources and the trademarks, brands and logos contained therein (“Marks”) , belong to or are licensed to Freela Web. Brands are subject to copyright and other intellectual property rights in accordance with Brazilian laws and conventions. Freela Web reserves all rights not expressly granted in and to the Platform. You agree not to engage in the use, copying or distribution of the Marks or anything else contained on the Platform unless we have given you express written permission.

19. Representations and warranties

The Platform and all services sold are provided “as is”, “as available” and “with all faults”. to the maximum extent permitted by law. Neither Freela Web nor its employees, managers, officers or agents make any representation or warranty or endorsement of any kind, express or implied;

(A) Any information provided through the platform;

(B) Any information provided through the platform;

(C) Any available vendor service or (D) Security associated with the Transmission of information to Freela Web or through the Platform. Additionally, all warranties, expressed or implied, are excluded, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, customization, merchantability, chemical appreciation, system integration and system ventilation.

Freela Web DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; WHAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE OF ANY HARMFUL COMPONENTS. Freela Web MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE OR USEFUL. Freela Web DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND Freela Web SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

20. Limitation of liability

WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM THROUGH THIRD PARTIES, (V) ANY FAILURE OR INTERRUPTION, WHETHER INTENTIONAL OR UNINTENTIONAL; OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHEN USING THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION OF LIABILITY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT PAID IN THE LAST SIX MONTHS FOR SERVICES OR ONE MONTH’S DOLLARS. (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION OF LIABILITY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT PAID IN THE LAST SIX MONTHS FOR SERVICES OR ONE MONTH’S DOLLARS. (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; THE FOREGOING LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION OF LIABILITY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT PAID IN THE LAST SIX MONTHS FOR SERVICES OR ONE MONTH’S DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in jurisdictions not permitted, we are not responsible for: (a) death or personal injury caused by the negligence of Freela Web or any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability that it is not lawful to exclude now or in the future. The foregoing limitations of liability and any other limitations of liability set forth herein are not applicable to New Jersey residents. With respect to New Jersey residents, Freela Web will not be liable for any damages arising from your access to or use of the Platform, unless such damages are the result of our negligent or reckless acts or omissions; provided, however, that we will not be liable for consequential, indirect or punitive damages.

21. Compensation

You agree to defend, indemnify and hold harmless Freela Web, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, without limitation, fees lawyers) ) arising from:

your use and access to the Freela Web platform
your violation of any term of this Agreement; It is
any claim that your use of the Platform has harmed another user or third party.

This defense and indemnification obligation will survive this Agreement and your use of the Freela Web Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for counsel of our choosing in such cases. You agree that this indemnification extends to requiring you to pay our reasonable attorneys’ fees, court costs. In the event of a claim such as the one described in this paragraph, we may elect to settle with the party/parties making the claim and you will be liable for damages as if we had proceeded to a trial.

22. Compliance by age

Freela Web and its platform can only be used by people aged 18 or over. If you are under 18, please stop using our platform and do not submit any information to us.

23. Intellectual property and copyright

If you believe that any User Content or other content found on the Freela Web Platform has violated your copyright or other intellectual property rights, please refer to the Freela Web Copyright and Intellectual Property Policy (“Policy”). The Policy contains information about the notification procedures required by us to remove any infringing material or content from our Platform. You must agree to comply with the Policy before using or accessing the Platform.

24. Choice of law

This Agreement will be governed by the laws in force in the state of São Paulo. The offer and acceptance of this contract are deemed to have occurred in São Paulo.

25. Dispute/Arbitration

You agree that any dispute relating in any way to your use of the Platform will be submitted to confidential arbitration. Arbitration under this Agreement will be conducted in accordance with the applicable rules (“Rules”) in force at ASSOCIAÇÃO DE INTERNET BRASILEIRA. The arbitration shall be conducted by one (1) arbitrator, as selected in accordance with the Rules; the arbitrator’s decision shall be final and binding and may be entered into in any court of competent jurisdiction. Each party will be responsible for its own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through a class action proceeding or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, relating to, or in connection with use of the Platform or this Agreement must be filed within one (1) year after the claim or cause of action arose or was banned forever (the above time limitation is not applicable to São Paulo residents). In the event that the law does not permit the above dispute to be resolved through arbitration, you agree that any actions shall be brought exclusively in a court of competent jurisdiction located within or otherwise closest to São Paulo. relating to or connected to your use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arises or be forever barred. In the event that the law does not permit the above dispute to be resolved through arbitration, you agree that any actions shall be brought exclusively in a court of competent jurisdiction located within or otherwise closest to São Paulo. relating to or connected to your use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arises or be forever barred (the foregoing time limitation does not apply to residents of São Paulo ).

26. Class action

You and Freela Web agree that any proceeding to resolve or litigate any dispute, whether through court or arbitration, must be conducted exclusively on an individual basis. You agree that you will not seek to have any Dispute heard as a class action, representative action, class action, or private attorney general action.

27. Force Majeure

You agree that we are not responsible to you for anything for which we may be responsible, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, shortages labor shortages (including legal and illegal strikes), embargoes, postal outages, communications outages, infrastructure failures or shortages, materials shortages, or any other event beyond our control.

28. Divisibility

In the event that a provision of this Agreement is found to be illegal, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in effect as if it had been entered into without such unenforceable provision being included therein. If two or more provisions of this Agreement or any other agreement you have with Freela Web are found to conflict with the operation of each other, you agree that Freela Web will have the sole right to elect which provision remains in effect.

29. Non-waiver

We reserve all rights permitted to us by this Agreement as well as the provisions of any applicable law. Our failure to enforce any particular provision or provisions of this Agreement or of any applicable law shall not be construed as a waiver of the right to enforce the same provision under the same or different circumstances at any time in the future.

30. Survival

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

31. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

32. Additional agreements

This Agreement, together with the Privacy Policy, the Responsible Listing Guidelines and any other support agreements provided by Freela Web, constitute the complete and exclusive understanding and agreement between the parties concerning the subject matter contained herein and supersede all prior agreements or understandings previous or contemporary, written or oral, related to its object.

33. Changes

We may change this Agreement from time to time. When we change this Agreement, we will update this page and indicate the date it was last modified or we may send you an email. You may refuse to agree to the changes, but if you do, you must immediately stop using our Platform.

34. Electronic communications

Communications between you and Freela Web use electronic means, whether you visit the Platform or send emails from Freela Web, or if Freela Web posts notices on the Platform or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Freela Web in electronic format; and (2) agree that all terms, conditions, agreements, notices, disclosures and other communications that Freela Web provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The above does not affect your statutory rights.

35. Additional terms for sellers

Sections 36-46 below apply to any Sellers who wish to use the Platform and wish to sell Seller Services through the Platform. All Sellers who wish to use the Platform must register and create an account and will be bound by the additional terms listed below.

36. Seller Accounts

In order for Sellers to offer Seller Services, you must create a Seller account. You must fully complete the registration process by providing us with your current, complete, true and accurate information as prompted by the applicable registration form. Where necessary, Freela Web can also assign a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Freela Web immediately of any unauthorized use of your account or any other breach of security. Freela Web is not responsible for any losses incurred as a result of someone else using your password or account, with or without your knowledge. However, you may be held liable for losses incurred by Freela Web or third parties due to someone else using your account or password. You may not use anyone else’s account at any time. Sellers can only register for one account per person and cannot register as a company or group collaboration. Freela Web has the sole discretion to grant or deny accounts.

37. Seller Representations and Warranties

Seller providing any Seller Services represents and warrants the following: (1) Seller owns or has properly licensed all Seller Services provided to any user of the Platform; (2) Seller’s Services will not infringe any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; (3) the Seller Services offered do not violate any Brazilian state or federal law or any third-party agreement; (4) Seller has not entered into any prior agreement that would limit its ability to perform or perform this Agreement; and (5) Seller will comply in good faith with this Agreement and all other restrictions and rules in effect for any Seller Services sold on the Platform.

38. Termination of Seller Accounts

We may terminate or suspend your account if we determine that: (1) you have violated any applicable law when using our Platform; (2) If you have violated this Agreement or any other Platform policy; (3) if we believe that your actions when using the Platform have harmed or will harm third parties, or (4) if we believe that any of your actions may harm Freela Web, in our sole decision or discretion. In the event of termination, we will seek to provide a timely explanation; however, we are not required to do so. As a seller, if you wish to close your seller account, please notify us or use your account dashboard to close the account. Please be aware that once your account is terminated, all access and information, including Seller Services in your existing account, may immediately become inaccessible or deleted.

39. Seller Services

As a Seller, you may offer any services permitted by Freela Web, including, without limitation, SEO search services, collectively referred to as “Seller Services”. Please be aware that we are not obligated to host, display, migrate or distribute any of your Seller Services and may refuse to accept or transmit any Seller Services. You agree that you are solely responsible for any User Content contained in any submitted Seller Services and release us from any liability associated with any submitted Seller Services. You understand that we cannot guarantee the absolute security of these Seller Services. Any Seller Services that violate this Agreement or that we determine to be detrimental to the Service may be modified or removed at our discretion. You must comply with all Seller Services rules as described below.

40. Seller Services Rules

By offering any Seller Services, you agree to comply with all rules and regulations relating to such Seller Services. Furthermore, Seller agrees that all Seller Services may not:

Contain any software that contains viruses, worms, Trojan horses, or other material that may cause or assist in the destruction or damage of a computing environment.
Contain any material considered illegal or illegal under BRAZIL federal and state laws.
Creates a genuine risk of physical injury or property damage, or credibly threatens people or public safety, or organizes or encourages harm.
Be considered spam or “black hat” by search engines including Yahoo!, Google or Bing.

41. Payment Agent Limited

For the purposes of this Agreement, the relationship between Freela Web and the Sellers is that of a limited payment agent. Freela Web will collect payments for the Services from the Seller, remit payment to the Seller upon receipt of payment from the user less any fees, and help provide refunds to users. All payments for Seller Services may be held for a period of time to ensure proper performance of all Seller Services before being released to Seller. Seller agrees that, as a limited payment agent, Freela Web may accept payments from users and manage payments or refunds for any Seller Services. Both Sellers and Freela Web agree that no other agency relationship is formed between Freela Web and Sellers. Except as expressly stated otherwise, Seller agrees that it is not a partner, joint venture, franchisee, agent or employee of Freela Web.

42. Payments and Seller Fees

After payment for any Seller Services is received and the Order is confirmed by the Seller, Freela Web will retain such payments for a reasonable period of time to verify payment. Seller must complete Seller Services as required in each Order before payments are released to Seller’s account. After this period, the Seller will receive payment in the method provided by Freela Web. Freela Web will deduct a service fee, commission, processing fees and other deductions, as necessary, from all payments made to the Seller. Freela Web reserves the right to change and change any fees or commissions at any time, if Freela Web changes such commission or fee structure, it will contact the Seller. In the event of a dispute between Seller and Freela Web, Seller agrees that Freela Web may retain all funds until the dispute is resolved.

43. Tax documents

In order for Freela Web to comply with BRAZIL tax laws, Sellers may be required to submit W-9 forms or other tax documents. Seller agrees to comply with all requests to submit any tax documentation as requested by Freela Web. Seller agrees that Freela Web cannot and will not provide Seller with any tax advice; these questions should be directed to Seller’s tax attorney or other tax professional.

44. Refunds by Freela Web

In the event of any refund to any user of an Order from Seller, Seller agrees that we may deduct the refund amount from any payments received or account balances maintained by Freela Web. Additionally, Freela Web may invoice Seller for balances due due to any refunds if funds in the Seller’s account are insufficient. No refunds will be granted for any enhanced services provided by Freela Web to the Seller.

45. Seller Account Hold

From time to time, Freela Web may place a hold (“Retention”) on a Seller’s account. Some of the reasons we may suspend your Seller account include, but are not limited to, the following: (1) if we have reason to believe that your Seller Services or your actions are in violation of this Agreement, may harm our business, are misleading. , misleading, illegal or has harmed a third party or interfered with a third party’s contractual right; (2) at the request of our payment processors; or (3) if necessary in order to comply with a court order, subpoena, injunction, injunction or as required by applicable laws and regulations. If you have questions about a hold we may have placed on your campaign account, or need information on how to resolve it, please contact us. Furthermore,

46. Seller inactivity

When the Seller does not access his user account for a period of six (6) months or more, Freela Web may suspend, make inactive or archive the Seller’s account (“Inactive Account”). If the Seller wishes to reactivate the Inactive Account, they must contact Freela Web at [email protected] . Please be aware that any reactivation of the seller’s inactive account may incur a one-time reactivation fee.

47. Account maintenance

In cases where a Seller has an Inactive Account, that account may receive a maintenance fee (“Maintenance Fee”) of up to five (5) Reais per month. This Maintenance Fee will be deducted from the Seller’s account balance until all funds are exhausted. If Seller wishes to reactivate an Inactive Account with a negative balance, Seller must pay all Maintenance Fees due before the Inactive Account is reactivated.

48. Additional Limitations of Liability and Disclaimers for Sellers

Except as otherwise provided in this Agreement, Freela Web will not be liable under any circumstances to the Seller for lost profits or any special, incidental, consequential, exemplary, punitive or other indirect damages of any nature, for any reason, based on breach of contract, tort (including negligence) or otherwise and whether or not you have been informed of the possibility of such damages. UNDER NO CIRCUMSTANCES WILL Freela Web BE LIABLE TO ANY SELLER FOR AN AMOUNT GREATER THAN THE AMOUNT PAID BY Freela Web TO THE SELLER DURING THE PREVIOUS MONTH. SERVICE RELATED TO THE PLATFORM. WITHOUT LIMITING THE FOREGOING CONTENT, THE PLATFORM, Freela Web AND ANY OTHER MATERIALS PROVIDED TO SELLER ARE PROVIDED “WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY EXCLUDES ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NO INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR VALUE. Additionally, Freela Web DOES NOT REPRESENT OR WARRANT (A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM, (B) THAT A PARTY’S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT UNDER ALL CIRCUMSTANCES OR ANY INFORMATION WILL BE CORRECT, COMPLETE OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU. EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY EXCLUDES ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR VALUE. Additionally, Freela Web DOES NOT REPRESENT OR WARRANT (A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM, (B) THAT A PARTY’S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT UNDER ALL CIRCUMSTANCES OR ANY INFORMATION WILL BE CORRECT, COMPLETE OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU. INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Additionally, Freela Web DOES NOT REPRESENT OR WARRANT (A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM, (B) THAT A PARTY’S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT UNDER ALL CIRCUMSTANCES OR ANY INFORMATION WILL BE CORRECT, COMPLETE OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU. INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Additionally, Freela Web DOES NOT REPRESENT OR WARRANT (A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM, (B) THAT A PARTY’S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT UNDER ALL CIRCUMSTANCES OR ANY INFORMATION WILL BE CORRECT, COMPLETE OR IT NEEDS. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU. THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, OR (C) ANY INFORMATION WILL BE CORRECT, COMPLETE OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU. THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, OR (C) ANY INFORMATION WILL BE CORRECT, COMPLETE OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU.

Freela Web makes no representations and warranties, and disclaims any responsibility and liability with respect to the content or nature of any content on Freela Web or its Platform. Freela Web is not responsible to the Seller for any Services or Orders from the Seller.

49. Affiliate Terms

The following sections 48-54 apply specifically to the Freela Web affiliate program. As an incentive to share the Platform with friends, Freela Web has implemented an Affiliate program; Users participating in the Affiliate program shall be referred to as “Affiliates”. To join the Freela Web affiliate program, a user may be asked to provide additional information. We reserve the right to reject any user wishing to participate in the Affiliate program. Furthermore, Freela Web reserves the right to terminate any Affiliate at any time, at our discretion.

Payments

Once accepted into the Affiliate program, Affiliates must receive a unique link or identifier to track referrals (“Tracker”). Affiliates are solely responsible for ensuring that the Tracker functions correctly. Referrals shall be counted by the Tracker and successful referrals (“Qualified Referral”) shall be determined in Freela Web’s sole discretion. Freela Web agrees to pay Affiliate a referral fee for each qualified referral as described on the Platform . Affiliates must be notified by Freela Web for each qualified referral received. In the event of a dispute relating to any Qualified Referrals, Freela Web will have sole discretion in deciding the outcome of such dispute. During the duration of the dispute, Freela Web will not be obliged to pay the Affiliate any referral fees. Payment will be issued as requested but no longer than monthly periods. The affiliate must be paid in US dollars and in the manner agreed between the parties. Freela Web is not responsible for the payment of referral fees to Affiliates, where these fees have been received in the accounts of users who do not sign up or follow the necessary procedures.

Additional Guidelines for Affiliates

Affiliate agrees that it may not bind Freela Web and shall not misrepresent its relationship with Freela Web. Additionally, Affiliates may not:

Send spam messages or violate BRAZIL laws.
Attempt to increase your commissions by bypassing or compromising our systems.
Create or publish advertisements that contain the Freela Web brands, without first receiving written permission from Freela Web.
Collect, scrape or store data about other users or Affiliates.
Commit fraud or carry out illegal activities through the use of the Affiliate program.
Post ads that are misleading, harmful, do not meet community standards, offensive, illegal, hateful, pornographic, or distasteful.
Post ads using malware, viruses, pop-unders, pop-overs, or other spammy technology.

We may suspend or terminate your Affiliate account immediately if you violate any of these guidelines or at our discretion.

50. Term and Termination for Affiliates

Upon successful registration as an Affiliate, the user will be considered an Affiliate for the purposes of this Agreement. Affiliate’s term will continue indefinitely until terminated by either party, subject to the termination provisions of this Agreement. Freela Web may terminate this Agreement at any time and for any reason, upon written notice via email or the Platform to the Affiliate. The Affiliate may terminate this Agreement by providing written notice to Freela Web through the Platform or via email. Please be aware that upon termination by the Affiliate, any outstanding payments owed to the Affiliate will be forfeited.

51. Taxes

Affiliate agrees to pay and withhold all taxes as required by local laws and jurisdictions. In some cases, Freela Web may withhold taxes for the Affiliate. However, the Affiliate agrees that Freela Web is not obligated, cannot and will not provide the Affiliate with any tax or legal advice.

52. Fraud

Freela Web actively monitors traffic for fraudulent or fraudulent activity. If deception or fraud is detected, as determined in Freela Web’s sole discretion, the Affiliate’s account will be deactivated pending further investigation. After determining that the Affiliate has participated in fraudulent or deceptive activities, Freela Web may terminate the Affiliate’s account and the Affiliate will not be entitled to any compensation that is due but unpaid.

53. Additional Limitations of Liability and Disclaimers for Affiliates

Except as otherwise provided in this Agreement, Freela Web will not be liable in any event for lost profits or for special, incidental, consequential, exemplary, punitive or other indirect damages of any nature, for any reason, based on breach of contract, tort (including negligence) or otherwise and whether or not you have been informed of the possibility of such damages. UNDER NO CIRCUMSTANCES WILL Freela Web BE LIABLE TO ANY AFFILIATE FOR AN AMOUNT GREATER THAN THE AMOUNTS PAID BY Freela Web TO THE AFFILIATE DURING THE PREVIOUS MONTH. DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, Freela Web CANNOT GUARANTEE THAT THERE WILL BE NO DELAYS OR OTHER INTERRUPTIONS IN THE SERVICE RELATED TO THE PLATFORM. WITHOUT LIMITING THE FOREGOING, THE PLATFORM, Freela Web CONTENT AND ANY OTHER MATERIALS PROVIDED TO AFFILIATE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, AND Freela Web MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY, EXPRESSLY, STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Additionally, Freela Web DOES NOT REPRESENT OR WARRANT (A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM, (B) THAT A PARTY’S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT UNDER ALL CIRCUMSTANCES OR ANY INFORMATION WILL BE CORRECT, COMPLETE OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES,

54. Affiliate Guarantees

The Affiliate represents, warrants and covenants as follows:

Affiliate has the ability and right to grant the necessary permissions to effectuate this Agreement;
Affiliate has not entered into any prior agreement that would limit its ability to perform or enforce this Agreement;
The Affiliate will comply in good faith with Freela Web’s instructions and all other agreements provided; It is
The Affiliate must comply with all laws and regulations of BRAZIL and is able to comply with this Agreement without violating the rights of third parties.

55. Relationship of the parties

Affiliate agrees that Freela Web is acting as an independent contractor in performing any services contemplated by this Agreement and that the relationship between Freela Web and Affiliate will not constitute a partnership, joint venture or agency. Neither Freela Web nor Freela Web’s employees or agents (i) are employees, agents or legal representatives of the Affiliate, or (ii) shall have authority to represent the Affiliate or enter into contracts or assume responsibilities on behalf of the Affiliate. Neither Affiliate nor Affiliate’s employees or agents (i) are employees, agents or legal representatives of Freela Web, or (ii) shall have authority to represent Freela Web or enter into contracts or assume responsibilities on behalf of Freela Web.

56. Tax documents

In order for Freela Web to comply with BRAZIL tax laws, the Affiliate may be required to submit W-9 forms or other tax documents. Affiliate agrees to comply with any requests to submit any tax documentation as requested by Freela Web. Affiliate agrees that Freela Web cannot and will not provide Affiliate with any tax advice; these questions should be directed to Seller’s tax attorney or other tax professional.

Last updated: JANUARY 12, 2024.

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