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Terms & Conditions

SafetyFreelancer™ Platform – Terms of Service and Use

SafetyFreelancer™ operates a platform linking skilled freelance safety professionals (“Freelancers”) to business owners (“Business Owners”) and acts as payment agent between these parties (Freelancers and Business Owners collectively called “Users” herein).

BEFORE YOU (AS EITHER A FREELANCE SAFETY PROFESSIONAL OR BUSINESS OWNER) PROCEED TO USE THE SERVICES ON THIS WEBSITE GIVING YOU ACCESS TO OUR SafetyFreelancer™ PLATFORM, CAREFULLY READ THESE TERMS AND CONDITIONS OF SERVICE IN FULL.

 

BY USING OUR SERVICES YOU AUTOMATICALLY CONSENT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND/OR BIND YOUR EMPLOYER/ORGANISATION THAT YOU WARRANT TO BE AUTHORISED TO REPRESENT.

 

IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OR DO NOT HAVE THE AUTHORITY TO BIND YOUR EMPLOYER OR ORGANISATION OR ARE OTHERWISE BARRED FROM ENTERING INTO A BINDING AGREEMENT, DO NOT PROCEED TO USE OUR SERVICES.

 

 

IF YOU PROCEED, PLEASE SAVE A COPY OF THESE TERMS AND CONDITIONS OF SERVICE FOR FUTURE REFERENCE

 

 

  1.  Parties

 

 By using the SafetyFreelancer™ platform and associated services specified in these terms and conditions of service (“Services”) you, as either a freelance safety professional (“Freelancer”) or Business Owner (“Business Owner”), automatically consent and agree to accept these terms and conditions with us, SafetyFreelancer™, “we” or “us”) and become a party to the agreement between you, the Users and us based on these terms and conditions. This is completely separate from the terms and conditions relating to the project, delivery and performance that will be agreed between a Freelancer and the Business Owner to which only they are parties in a Service Contract as specified in Clause [4] below.

  1. Our Services

The Services which we, SAFETYFREELANCER™, provide is a safe, secure and independent platform to link accredited Freelancers with Business Owners in need of their services and provide the platform tools and processes for Users to contract, communicate, track progress, provide reviews and make payments.

(a) Business Owners and Freelancers wishing to use our Services will be required to register their details with us in accordance with clause 3 below. Both Users will be undergo the same account registration process.

(b) Once registered, our Services offer a Business Owner the opportunity to enter its project requirements (“Project”) onto our platform for a specific type of Freelancer to carry out the specific Project and for a Freelancer to enter their specific skills, experience and expertise in health and safety.

(c ) An Offer will also specify if the Business Owner is looking for its specific Project to be carried out on a fixed price basis or on an agreed hourly rate (see clause  [4] below) as well as include the Business Owner’s terms and conditions for the Project in accordance with clause [4] below. Whether or not a Project is offered and/or accepted is entirely at the discretion of the Freelancer and Business Owner.

(d) SAFETYFREELANCER™ has no control whatsoever over this process and will not be liable in any way for any failure or default by either party. The Project work is provided entirely by the Freelancer directly to the Business Owner, who will determine the deliverables, price, requirements and terms and conditions applicable to the Project.

(e) Once the Freelancer and Business Owner have agreed the terms and conditions for the Project (as specified in more detail in clause [4] below) that will be the binding service contract between them (“Service Contract”).

 

  1. User Registration accounts

(a) To access the full SAFETYFREELANCER™ platform, Users have to register an account with true, accurate and complete information, and keep their account information updated at all times. Both Business Owners and Freelancers undergo the same account registration process.

Each account must be a personal account, but Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated).

Users cannot register for more than one account.

(b) On registering an account with us, you confirm that you are not economically or professionally barred, restricted or limited under the sanctions, rules, regulations or laws of any country worldwide. If your circumstances change in any way that you become so barred or limited, you must immediately advise us and the other party to your Project, de-register your details from our platform and cease using SAFETYFREELANCER™. We reserve the right, at our sole discretion, to take any action we see fit including but not limited to reporting the same to any relevant party, authority or law enforcement (as applicable).

(c) Users must also set–up a payment account with us in accordance with clause 8 below, so that Business Owners can pay monies in and Freelancers can receive payment.

(d) Users are solely responsible for any activity that occurs on their registration details and payment account, unless it is as a result of actions beyond their control (such as hacking or if someone steals your password when you have taken reasonable steps to keep it secure). Users may never use another person's user account or registration information on our platform.

 

(e) SAFETYFREELANCER™  reserves the right to restrict your access, temporarily or indefinitely block your account, stop any Project you have in progress, warn other Business Owners and Freelancers of your actions and/or issue you a warning if:

   (i) you breach the letter or spirit of these terms and conditions

   (ii) we are unable to verify or authenticate any information you provide to us or fail to keep it updated;

(iii) we believe that your actions may cause any loss or liability to any of our other Users, to us or is otherwise detrimental or illegal under any jurisdiction, of which we shall be the sole judge.

(f) SAFETYFREELANCER™  is unable to support Users from North Korea, Iran, Syria, Cuba, Sudan (Republic of Sudan or North Sudan), South Sudan (Republic of South Sudan) and the Region of Crimea.

We reserve the right to change this list from time to time as circumstances dictate and at our sole discretion.

  1. Formation of Users Service Contract, Price and Intellectual Property Rights

(a) The Business Owner and Freelancer (Users) will decide on the type of Project in which they wish to contract together and whether payment is to be based on an hourly rate or fixed price (see b and c below).  Users will also be free to determine all other  terms and conditions of any Project including but not limited to:

(i) price (ie based on an hourly rate or fixed price - see b and c below) and any special payment terms if not those specified in clause 7 below,

(ii) specification for Project work,

(iii) deliverables and any specific performance or milestone delivery requirements,

(iv) ownership of Intellectual property rights in the Project work (see (d) below)   and all other matters.

Once the Business Owner and Freelancer have agreed all matters in relation to the Project, all those agreed terms and conditions will form the direct Service Contract between the Users. SAFETYFREELANCER™ is not a party to that Service Contract.

(b) Fixed price Service Contracts:

The Business Owner and Freelancer are solely responsible for agreeing if the Project is to be on a fixed price. This must be confirmed clearly and upfront to SAFETYFREELANCER™ in the platform including how much is agreed and if there are any agreed specific payment requirements which must be satisfied before payment can be released to the Freelancer by SAFETYFREELANCER™ from the Escrow Account.

(c) Hourly Rate Service Contracts –

The Business Owner and Freelancer are solely responsible for agreeing if the Project is to be paid on an hourly rate Service Contract. Where this is agreed between the Users, the Freelancer's payment for an hourly rate Service Contract is set, using the per hour rate as stated on the Freelancer’s profile at the time the Service Contract is agreed between the Users. The Business Owner agrees to pay the Freelancer based on the time spent by the Freelancer on the Project, not on the real or perceived quality of any deliverables provided payment will be made in accordance with the Clause 7 below.

(d) Intellectual property rights

(i) Unless varied as part of the Service Contract, ownership in and to any materials and/ or deliverables arising from a Project and any intellectual property rights therein, will be assigned to the Business Owner upon successful payment of the full agreed amount to the Freelancer. If the Business Owner and Freelancer wish to include any special terms in the Service Contract in relation to the ownership of the work produced, ownership of intellectual property rights or special rights on termination, the Business Owner and Freelancer must negotiate and document these terms in the Se4vice Contract as well as in the Project detailed on the Platform.

(ii) Subject to variation in the Service Contract, the terms and conditions of each Project shall be deemed to incorporate a term that in consideration of the full agreed amount having been paid to the Freelancer for the Project, the Freelancer assigns to the Business Owner absolutely with full title guarantee the following rights throughout the world:

(d.i) the entire copyright and all other intellectual property rights and any other such rights subsisting in or arising from the performance of the Project;

(d.ii) any database right subsisting in the Project and

(d.iii) all other rights in the Project of whatever nature, whether now known or created in the future, to which the Freelancer is now, or at any time after the date of completion of the Project may be entitled by virtue of the laws in force in Ireland and in any other part of the world.

In each of the above cases, the Business Owner’s ownership of all such rights shall subsist for the whole legal term and will relate to any renewals, revisions and extensions of or to the Project. The Business Owner shall also have all related rights and powers arising or accrued from such ownership, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership of any of these assigned rights, whether occurring before, on, or after the date of completion of the Project.

 

  1. Funds in SafetyFreelancer™ Escrow Account

(a) Once the Service Contract is agreed, the Business Owner will pay funds into the SAFETYFREELANCER™ Escrow Account for the total Service Contract sum to be paid to the Freelancer as agreed for the Project.  The Business Owner must also confirm to SAFETYFREELANCER™ clearly upfront in the platform what their specific payment requirements are before payment can be released to the Freelancer. This will depend on whether the Service Contract is based on an hourly rate or a fixed price (See clause 4(b) and (c ) above).

(b) Users acknowledge that SAFETYFREELANCER™ IS NOT A BANK and only holds funds in our separate Escrow Account for the purposes of paying for the provision of services based on the specific invoices of Freelancers. We strongly recommend that all Users do not hold dormant balances on our platform. Users will not receive interest or other earnings on the funds in their Escrow Account or SAFETYFREELANCER™  User accounts. Funds held by SAFETYFREELANCER™ on our platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency.

(c ) SAFETYFREELANCER™  will endeavour to ensure that the funds in the Escrow Account or SAFETYFREELANCER™  User account are available to the Users in accordance with these terms and conditions but do not guarantee that they will be available to the User in circumstances which are unforeseen or beyond our control.

(c ) No user is permitted to hold a dormant balance on our platform for more than 60 days. SAFETYFREELANCER™ reserves the right to apply administration fees or write downs to dormant balances until they are withdrawn or become zero.

(d) To prevent funds being held indefinitely in the Escrow Account, SAFETYFREELANCER™  will notify the Freelancer in the event of funds being held in an Escrow Account for a project that (i) does not have an unpaid invoice nor an open dispute; and (ii) has not had any activity in the Platform for a period of one (1) calendar month or longer. Activity is defined as any action by the Business Owners or Freelancer in the Platform eg: a message posted, an invoice is raised, a deposit made into the Escrow Account made or a Refund Request raised. In these circumstances, the Freelancer will be asked:

(i) to confirm either (1) that the project is still in progress by posting a message to the Business Owner in the Platform with an update on progress; (2) that the Project has been completed by raising an invoice in accordance with the terms defined in clause 7; or (3) that the Project was cancelled and issuing the Business Owners with any applicable refund in accordance with the terms in clause 8.

(ii) If no action is taken by the Freelancer within seven (7) days it will be assumed that the Project was not delivered by the Freelancer and the funds held in the Escrow Account will be automatically refunded back to the Business Owner's SAFETYFREELANCER™  User account in accordance with clause 8. In this event the Freelancer's rankings will be affected in accordance with the terms in clause 6 and 8.

 

  1. Project Requirements, Performance, Reporting and Review

(a) On purchase of an Offer.

(b) The Business Owner will need to provide their Project requirements in the Platform so that the Freelancer can get started.

(c ) Once the Project requirements provided in the Platform by the Business Owner are accepted by a Freelancer, the Freelancer must:

(i) Respond in the Platform within one (1) working day to confirm Project work has started otherwise the Business Owner may request and will be entitled to a refund

(ii) Provide regular progress updates in the Platform and respond within one (1) working day to all messages from the Business Owner;

(iii) Complete the Project within the delivery timescales agreed in the Service Contract and handover all deliverables agreed on the Platform upon full and final payment. Failing to deliver within those timescales may mean the Business Owner requests and is entitled to a refund if funds have already been paid under an hourly rate Service Contract.

(iv) Late or non-delivery will negatively affect the Freelancer's rankings on SAFETYFREELANCER™ platform.

(d) All Freelancers on SAFETYFREELANCER™  must strive to deliver a high standard of work, appropriately meeting their Business Owner's needs. Specifically, Freelancers must ensure that all deliverables are:

(i) error free,

(ii) fully address each of the Business Owner's defined requirements in the Service Contract,

(iii) a complete set of deliverables as defined in the Project description or as agreed in the platform as part of the requirements in the Service Contract, and

(iv) of a standard consistent with the level of expertise indicated in the Freelancer's profile and proposals.

(e) All direct communication between the Business Owner and Freelancer must go via the Platform to keep both parties protected in case of a dispute.

(f) Once the Project has been completed, the Freelancer will be entitled to raise an invoice (in the case of fixed price Service Contracts) and a final invoice (in the case of hourly rate Service Contracts) for payment in accordance with clause 7 below. On completion, the Business Owner will also be able to leave feedback for the Freelancer.           

(g) No Project must last more than 60 days. If a Project is expected to last that long, then it is strongly advised that a payment schedule is agreed in the Service Contract for more frequent payment dates such as every 30 days or every 45 days.

(h) Users will be penalised for cancellations or refunds caused by them, without just reason.

(i) Once the Project has been completed, Users will be asked to provide honest feedback.

 

  1. Payments

(a) SAFETYFREELANCER™ acts as a payment agent between the Business Owner and the Freelancer.

(b) Fixed Price Service Contracts will be paid as follows:

(i) On completion of the Project, the Freelancer will be entitled to raise an invoice. At this stage the Business Owner is then able to leave feedback for the Freelancer, upon which the funds held in the Escrow Account will be automatically released to the Freelancer as payment unless the Business Owner is not satisfied with the deliverables and rejects the invoice.

(ii) If the Business Owner rejects the Freelancer’s invoice as specified in (i) above, it must provide the Freelancer with detailed feedback on what work remains outstanding or what re-requires re-working. The Freelancer must provide, and be given the chance to provide, at least two revisions of the deliverables based on detailed feedback from the Business Owner;

(iii) if the Business Owner fails to either leave feedback for the Freelancer as specified in (i) above or fails to reject the invoice, the funds held in the Escrow Account will be automatically released on their behalf to the Freelancer as payment after seven (7) days from receipt of the Freelancer’s invoice.

 

(iv) if the funds held in the Escrow Account are released by SAFETYFREELANCER™  to the Freelancer in accordance with (i) or (iii) above, SAFETYFREELANCER™  and the Freelancer will be entitled to assume that the Business Owner is satisfied with the Project and does not have a dispute of any kind in relation to the Project. The Business Owner agrees that they will not, after payment has been made in accordance with this clause, file a dispute or seek to reverse payment through their credit card provider.

(c) Hourly Rate Service Contracts will be paid as follows:

(i) On acceptance of an hourly rate Service Contract, the Business Owner must place a valid payment method on file and give authorization to SAFETYFREELANCER™  to charge it repeatedly in accordance with (ii) and (iii) below.

(ii) Every seven (7) days an invoice will be automatically raised by the SAFETYFREELANCER™  system on behalf of the Freelancer according to the number of hours tracked by the Freelancer during the last seven (7) days at the per hour rate applicable to the hourly rate Service Contract.

(iii) When each invoice is raised:

  1. The Business Owner can either pay the invoice manually within three (3) days of the invoice being raised, or
  2. If not paid manually by the Business Owner within three (3) days, the invoice will be automatically paid by the SAFETYFREELANCER™ system charging one of the payment methods of the Business Owner registered on file on SAFETYFREELANCER™  system at any time.

(d) SAFETYFREELANCER™ agrees to make funds available to the Freelancer balance with 24 hours or SAFETYFREELANCER™  aim to process these payments and credit funds to the Freelancer's SAFETYFREELANCER™  User Account within three (3) working days, however SAFETYFREELANCER™  reserve the right to take up to ten (10) working days”], subject to fraud an AML procedures. Freelancers are then able to withdraw those funds provided they have set up of a valid withdrawal account.

(e) In return for full invoice payment by the Business Owner for the Project, SAFETYFREELANCER™ agrees to discharge the Business Owner’s obligations relating to debts owed to the Freelancer under these terms and conditions.

(f) All payments for Project work completed must go via SAFETYFREELANCERboth for work sourced on SAFETYFREELANCER™  and for any follow-on work between the Business Owners and Freelancer, either for the same Project or another project unless SAFETYFREELANCER™  has given its express written permission otherwise in relation to a specific payment or invoice. Attempts to pay outside of SAFETYFREELANCER™ ‘s platform is a breach of these terms and conditions and will lead to sanctions including but not limited to immediate User account suspension. Users must immediately report to SAFETYFREELANCER™  if it receives any offer from the Business Owner or the Freelancer to pay outside of the SAFETYFREELANCER™ platform.

(g) SAFETYFREELANCER™  takes its obligations to prevent fraud and money laundering seriously and reserves the right to delay payments to Freelancers if fraud or money laundering is suspected. Payments by Business Owners are routinely checked by SAFETYFREELANCER™ for fraud prevention purposes, before any payments are released to the Freelancer.

(h) Only when full payment has been received by the Freelancer will the Business Owner be granted all rights for the delivered work as specified in clause 4(d) above.

 

  1. User Account Set-up and Payment Procedure

(a) To withdraw funds from their SAFETYFREELANCER™  User account a Freelancer needs to request a withdrawal on an authorized withdrawal account. An authorized withdrawal account can be either:

(i) a bank account under the User's name as registered on his/her profile;

(ii)a Paypal or Payoneer account with the same name and email address as registered on the User's profile;

(iii) a Paypal or Payoneer account with the same name as registered on the User's profile and an email address that has been verified by the User.

(b) SAFETYFREELANCER™  process payments daily and will send the money to the Freelancer via their selected payment preference. Once SAFETYFREELANCER™  has processed payments, they are then subject to timescales imposed by the banking clearing system (BACS in the Ireland).

(c ) For security reasons, SAFETYFREELANCER™  reserves the right to request additional information from Business Owners and Freelancers, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:

(i) a copy of a Government issued ID (Passport, Driver’s License or National ID Card);

(ii) a copy of a recent utility bill showing your name and address (less than 3 months old);

(d) For credit/debit card users (one of the following):

(i) a copy of the front and back of the card used. For Security Compliance we recommend that you blank out the central 8 digits of the card number digits, and the last three digits from the number on the back;

(ii) Credit or Debit Card Bank Statement of the card used on your SAFETYFREELANCER™  User account (less than 3 months old). For Security Compliance you must blank out the central 8 digits of the card number digits;

(e) For PayPal users:

PayPal Account statement showing your PayPal registered name, email address and verification status along with any relevant transactions.

(f) For international Bank transfers, credit to the beneficiary may be delayed by factors such as local bank holidays, delays by an intermediary bank or other local conditions. Please note that some countries have been designated as “slow-to-pay” countries, and transfers made to those countries may take several days or even weeks in crediting the receiving account. Please see a complete listing of slow-to-pay countries in schedule 1 at end of this document. We reserve the right to amend and update this list from time to time and it is Users’ duty to check the list regularly when transacting on the platform.

(g) In using the Escrow Account SAFETYFREELANCER™  act, on the Users’ behalf and in accordance with these terms and conditions. SAFETYFREELANCER™  hold the funds in a separate client account. SAFETYFREELANCER™  IS NOT A BANK. Funds held by SAFETYFREELANCER™  on the platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency.

(h) If, contrary to these terms and conditions, SAFETYFREELANCER™  has to return funds to the Business Owner because the Business Owner has filed a dispute with the Freelancer or requested a payment to be reversed through its credit card provider, bank or Paypal then SAFETYFREELANCER™  will be entitled to recover any such amount from the Freelancer’s SAFETYFREELANCER™  User account (and if insufficient monies are in the Freelancer’s account), credit card or other previously made payment method if available. If SAFETYFREELANCER™  is unable to recover the amount returned to the Business Owner from the Freelancer in full then the Freelancer agrees to pay to SAFETYFREELANCER™  any outstanding sums within 48 hours of SAFETYFREELANCER™  making a request.

(i) SAFETYFREELANCER™  uses third-party service providers including Adyen, Worldpay, Payoneer and Paypal to process payments by Business Owners and to transfer funds to Freelancers. These third-party payment service providers are regulated and authorised to provide payment services in the countries where they operate. SAFETYFREELANCER™  may share your personal or transactional information with third-party payment service providers when it is necessary to process payments.

 

  1. Cancellations and refunds

(a) Cancellation of a project

After the commencement of a Project, the Business Owner may request a cancellation.

If there are funds in the Escrow Account and the Business Owner believes they are entitled to a refund, the Business Owners can notify SAFETYFREELANCER™  of the cancellation by requesting a refund using the “Request Refund” action on the platform.

(b) Project Refund policy

A Business Owner is entitled to receive a refund of funds held in the Escrow Account under the following circumstances:

(i) if there is no response for the Freelancer in the Platform within one (1) working day of the commencement of the project; or

 

(ii) for non-delivery of any Project work for the following reasons:

(1) the Freelancer did not deliver the scope of work within the delivery timescales indicated in the Service Contract in either a fixed price or pay per hour Project.

 

(2) for per hour rate Service Contracts,  no time has been spent.

(3) for poor quality of work performed or deliverables by the Freelancer with the exception of per hour rate Projects which are not dependant on quality.

(c ) Business Owners and Freelancers may mutually agree to a refund for reasons other than the previous reasons given in this clause, however authorization of such refunds will be subject to a review by SAFETYFREELANCER™

(d) Refunds are only applicable to funds held in the Escrow Account.In accordance with clause 7, funds should only be paid out of the Escrow Account once the Business Owner is satisfied that the Project (or any agreed milestone deliverables) has been completed. By releasing funds from the Escrow Account the Business Owner accepts that this money is non-refundable.

(e) Business Owners must avoid filing a dispute or reversing payment through their credit card holder, bank or PayPal. Attempts to seek a refund in this way will lead to the Business Owner's account being automatically suspended.

(f) Requesting a refund

(i) A Business Owners can request a refund of the funds held in the Escrow Account using the “Request Refund” and specifying a reason for their request.

(ii) SAFETYFREELANCER™  will process refund requests subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties' obligations under these terms and conditions. If SAFETYFREELANCER™  reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations SAFETYFREELANCER™  shall not be obliged to make the refund.

(g)  Refund and cancellation penalties

Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users’ standing in the SAFETYFREELANCER™ platform and marketplace as follows:

(i) where the Freelancer is at fault for the refund (for example, due to no response, poor quality of work or they have cancelled the project), it will negatively impact their Freelancer status and rankings;

(ii) where the Business Owner is found to be the cause for the refund (for example, an early cancellation due to a change in their business need) it will negatively impact their Business Owners status;

(ii) multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.

  1. Disputes

(a) SAFETYFREELANCER™  encourages our Freelancers and Business Owners to try and resolve any disagreements between themselves. However should that not be possible SAFETYFREELANCER™  customer services can provide dispute resolution.

(b) A Dispute can be raised by a Freelancer manually if a Business Owner has rejected an invoice.

(i) To raise a dispute, the Freelancer is required to pay a non-refundable fee to  SAFETYFREELANCER™ .

(ii) Disputes are available only to Freelancers that have qualified as ‘trusted members’ of the SAFETYFREELANCER™  community.

(iii) For invoice disputes, the amounts taken into consideration for the dispute will be the lower of the escrow balance or invoice amount.

(iv) If the amount disputed is more than USD € 200, SAFETYFREELANCER™  may reach out to both parties in order to mediate and try and bring the Dispute to resolution.

(c) SAFETYFREELANCER™  will aim to make a resolution decision on behalf of both parties within seven (7) days. If a mutual resolution has already been agreed between both Users on the Platform, then the dispute will either be cancelled or resolved in line with the mutual agreement.

(d) In the event of having to make a resolution decision, SAFETYFREELANCER™  will only use the communications between the Users in the Platform as sole evidence, and consider:

(i) if both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both parties to complete or rectify the Project or agree a variation to the agreed price if the invoice is in dispute;

 

(ii) if the Project was delivered or the milestone was met, (if the dispute is for a milestone payment) in accordance with the terms of the Service Contract;

 

(iii) for disputes concerning the quality of the work delivered,  SAFETYFREELANCER™  will consider whether the Freelancer has met general standards of quality or assess if a technical specialist  is required to determine this question;

 

(iv) if the Business Owner and Freelancer have complied with the terms of their Service Contract and with these terms and conditions.

 

(e) In the event of having to make a dispute resolution decision on behalf of the parties, SAFETYFREELANCER™  will notify both parties within fourteen (14) days of the dispute being notified. The disputed funds shall be dealt with in accordance with that decision and these terms and conditions. Our involvement with the dispute ends once the resolution in relation to the Dispute has been communicated to both Users.

(f) Users agree and accept that any payments and/or other actions made by SAFETYFREELANCER™  in accordance with this dispute resolution decision are made in good faith and Users shall have no cause of action against SAFETYFREELANCER™  (whether in contract, tort or otherwise) in respect of our decision or any such actions or payments made pursuant to it. Users further agree and accept that they have no right to seek to hold SAFETYFREELANCER™  liable for any Business Owners’ or Freelancer’s alleged actions or failures.

 

  1. User Warranties and Undertakings

(a) Freelancers undertake to fulfill their agreed Project work and Business Owners undertake  to pay Freelancers for work delivered.

(b) Business Owners undertake to pay Freelancers in accordance with the Service Contract and these terms and conditions and for the SAFETYFREELANCER™  Services

 

(c ) Users undertake that they are not in breach of any applicable laws, rules or regulations or obligations to any other person;

 

(d) Users warrant that they have made and will make all required legal and tax filings. If relevant, you will file all necessary legal documentation relating to your self-employment required by any governmental body, and pay all applicable taxes including without limitation PAYE or other income tax and national insurance;

 

(e) Users undertake not to themselves nor permit any third party, from uploading, downloading, posting, submitting or otherwise distributing or facilitating the distribution of any content, project or proposal on or through the SAFETYFREELANCER™  Services, which infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.

 

  1. Leaving Feedback

(a) When the Project is completed and the Freelancer has been paid by the Business Owner, both parties will be asked to provide both qualitative feedback and a rating for the other party. This rating influences each User's ranking on SAFETYFREELANCER™ platform. In order for a user to read a received review, they have to submit their feedback as well. A review (feedback) is published on the member profile page when both parties (Business Owner and Freelancer) leave their feedback within the first 60 days of final payment. After 60 days, Users will no longer be able to leave any feedback.

(b) Both parties should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to SAFETYFREELANCER™.

(c ) Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed by us and may be removed at our sole discretion.

 

 

  1. SAFETYFREELANCER™ fees

(a)  Fees payable by Business Owners

The fees payable by Business Owners are for the use of SAFETYFREELANCER™ as an intermediate platform, they do not reflect the outcome of any Freelancer collaboration and are non-refundable. Business Owners fees are broken down as follows:

Payment method

Service Fee

Credit / Debit card

$0.6 + 10%

Bank transfer - Silver Members*

2.5%

We reserve the right to make changes to our service fees from time to time. These changes will be reflected in updated terms issued to you by us, which will apply to any transactions which take place after the updated fees come into force.

Important Note

 

(b)  Fees payable by Freelancers

(i) SAFETYFREELANCER™  reserves the right to charge Freelancers a Service Fee in accordance with the Service Fee structure they are assigned to.

(ii) The following set-up fees have been implemented for all Freelancers:

  • Billing per Business Owner: 20% (excl. VAT) Service Fee
  • The minimum payment made using hourly rate Service Contracts is $10 (excl. VAT).
  • The minimum Service Fee per invoice is €3.5 (excl. VAT).

(c ) All Users are provided with a statement at the end of each month showing their net effective commission fee.

 

(d) Withdrawal fees

When a Freelancer withdraws funds from their SAFETYFREELANCER™  User account SAFETYFREELANCER™  will pass on any fees incurred to process the payment by third parties as a withdrawal fee, as follows:  

Withdrawal Currency

Withdrawal Method

Fee

GBP

UK bank transfer

No charge

GBP

SEPA/Local Currency*

£1.99

GBP

International bank transfer

£19.99

USD

US bank transfer (ACH)

No charge

USD

SEPA/Local Currency*

$2.99

USD

International bank transfer

$29.99

EUR

SEPA/Local Currency*

€1.99

EUR

International bank transfer

€19.99

GBP | USD | EUR

Paypal

1.9%

GBP

Payoneer

£2

USD

Payoneer

$3

EUR

Payoneer

€2.5

 

 

 

S

*SEPA / Local currency bank transfer: - If your country is included in the EPA/Local Currency countries list and you choose the local currency bank transfer option, our banking partner will automatically convert (at wholesale foreign exchange rates) and pay your withdrawal directly to your local bank account

Bank transfer reversal fees - If your bank transfer gets reversed due to incorrect banking information, wrong bank account type or foreign currency bank account settings limitation, you will be charged a reversal fee of $3 as well as the currency exchange difference (if applicable).

If Freelancer decides to raise a dispute, they are required to pay a non-refundable fee equal to 10% of the invoice or refund amount, subject to a minimum charge of $ 8 per dispute.

Bank transfer investigation fee - Please note that if there is a delay in payment from the banking institution, a formal investigation can be initiated with the bank to determine transaction issues. There is a 50 USD fee that is issued which must be applied by the customer in order to initiate this process.

Chargeback or RFI (Request for Information) fee - A chargeback is a disputed card transaction filed by a Business Owners with their card issuer when they dispute a payment or when their card is being used without their authorization. An RFI is a Request for Information the bank raises asking SAFETYFREELANCER™  for additional information regarding a particular transaction, which may be in dispute or unauthorized. The Business Owners’s bank charges SAFETYFREELANCER™  a fee in both of these instances and as a result, we are passing these fees to Freelancers whose Business Owners filed a Chargeback or RFI with their bank for a particular project/payment. The Fee per Chargeback is 25.00 USD and 10.00 USD per RFI.
In case of chargebacks, if the Business Owners’s credit card company decides in the Freelancer’s favor, the Freelancer will be refunded the money to their SAFETYFREELANCER™  User account. If the decision is in favor of the Business Owners, the transaction will be cancelled, the Business Owners will receive a full refund, and the Fee amount will be deducted from the Freelancer’s SAFETYFREELANCER™  User account.

a £30 coupon which will be automatically added upon checkout of their first purchase on SAFETYFREELANCER™  (First purchase should be the equivalent of £50 or more).

If the amount of coupons redeemed by Clients, invited by a single Freelancer, reach £150|€160|USD $175 within a month (i.e 30 day period), then said Freelancer will not be able to send out any more invitations to Business Owners to join the Zero Service Fee scheme for that month (i.e 30 day period).

(e)  Administration fee for inactive User accounts

As stated above, SAFETYFREELANCER™  IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Freelancers. We strongly recommend that all users do not hold dormant balances on the platform. No user is permitted to hold a dormant balance on the platform for more than 30 days. If a User has held dormant funds in their SAFETYFREELANCER™  User account for a period of sixty (60) days or more then SAFETYFREELANCER™  reserves the right to charge a monthly administration fee of $ 9.95 (excl. VAT) for holding those funds on behalf of the User. This fee will be automatically collected each month from the funds in the User's SAFETYFREELANCER™  User account starting from the sixty first (61st) calendar day. The collection of this fee will end when the balance is cleared.

(f) Currency Conversion

If you require a transaction within the SAFETYFREELANCER™  site which involves a currency conversion, it will be completed at a foreign exchange rate determined by an official institution, which is adjusted on a regular basis. Exchange rate fluctuations are not under SAFETYFREELANCER™  control.

A Currency Conversion Fee of 2.5% will be applied every time SAFETYFREELANCER™  performs a currency conversion. When a currency conversion is available by SAFETYFREELANCER™, you will be shown the exchange rate that will be applied to the transaction before you proceed with authorising the payment transaction. By accepting this transaction, you also agree to the exchange rate currency conversion terms.

 

 

 

  1. Referral Programme

(a)  General

The SAFETYFREELANCER™  Referral Program is a program that allows Users to receive certain benefits in their User account ("Referral Reward") if they refer a non-SAFETYFREELANCER™  user ("Referred User") to SAFETYFREELANCER™  and they then make a qualifying purchase on the site (“Successful Referral”). Users perform this referral by submitting the email address of the Referred User on a special referral form or by sharing a special referral link found through SAFETYFREELANCER™  ("Referral Invitation").

(b)  Referral Reward

Referred Users will receive a coupon of USD $35. Said coupon will be redeemable upon checkout for purchases of at least 80.00 USD or their currency equivalent.

Subject to the eligibility conditions in sub-clause (c ) below, Users who refer others will receive the following as a reward for every successful referral:

The equivalent of 40.00 USD will be credited to their SAFETYFREELANCER™  account. Said amount can only be used as a form of credit for purchases on SAFETYFREELANCER™  available upon checkout to users invited to SAFETYFREELANCER™  via our referral programme.

(c )  Eligibility

To be eligible for the Referral Reward:

(i) you must have an active User account on SAFETYFREELANCER™ ;

(ii) you may not refer yourself for the Referral Program;

(iii) the Referred User should not already have a User account (active or inactive) on SAFETYFREELANCER™ ;

(iv) the Referred User should sign up for a User account using the activation link of the Referral Invitation;

(v) the Referred User should have received and paid invoices within 90 days from registration of at least $80. Payments from the Referred User towards the User account as well as from the Referred User towards other User accounts that got referred by the User account are excluded from this Billing calculation.

Each User can receive monthly maximum of USD $175 in referral rewards.

(d)  Discontinuance or modification

SAFETYFREELANCER™  reserves the right at any time to modify or discontinue the Referral Program either temporarily or permanently with or without notice. SAFETYFREELANCER™  will not be liable to you in the event of any modification, suspension or discontinuance of the Referral Program. Non-fraudulent accrued Referral Rewards are not affected by suspension or discontinuance of the Referral Program.

(e) Non-compliance

SAFETYFREELANCER™  reserves the right to not grant or to remove any previously granted Referral Reward from your User account should any of the SAFETYFREELANCER™  terms and conditions not be met. SAFETYFREELANCER™  reserves the right to suspend the User account or remove Referral Reward should abusive or fraudulent activity regarding the Referral Program be suspected at the discretion of SAFETYFREELANCER™ .

 

  1. Vouchers

(a) Users may receive funds deposited directly in their SAFETYFREELANCER™  User account as part of a promotion or as a Referral Reward (see clause 13 above); or alternatively receive a promotional code for a fixed or percentage discount on services purchased on SAFETYFREELANCER™  (“Vouchers”).

(b) These Vouchers:

(i) will be for the exclusive use of purchasing services on SAFETYFREELANCER™ , their monetary value will not be available for withdrawal from SAFETYFREELANCER™ .

(ii) where the voucher is a direct deposit of funds in the User's SAFETYFREELANCER™  User account, the currency of the voucher will be the one that corresponds to the highest balance in the User's SAFETYFREELANCER™  User account in case there is one that is higher than the other two or USD (USD) in any other case.

(iii) where the voucher is in the form of a promotional code, the code can only be used once even if the voucher is used in a transaction for less than the monetary value of the voucher.

  1. Privacy Policy

(a) By proceeding to use the SAFETYFREELANCER™  service, Users consent that SAFETYFREELANCER™  may process their personal data (including sensitive personal data) that SAFETYFREELANCER™  collects from them in accordance with the SAFETYFREELANCER™  Privacy Policy and the terms of the EU General Data Protection Regulation 2016/679.

(b) SAFETYFREELANCER™  may use your personal data to gather feedback regarding your experience you may have with our platform. This helps our business grow by assembling useful information from our end-users.

(c ) SAFETYFREELANCER™  is not a party to any Service Contract between Business Owners and Freelancer. Any Service Contract between a Business Owner and Freelancer shall be in accordance with such Freelancer's privacy policy and the terms of the EU General Data Protection Regulation 2016/679.

 

 

 

  1. Payment Services

Payment processing services for Freelancers and Clients on SafetyFreelancer are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as an account holder on SafetyFreelancer, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of SafetyFreelancer enabling payment processing services through Stripe, you agree to provide SafetyFreelancer accurate and complete information about you and your business, and you authorize SafetyFreelancer to share it and transaction information related to your use of the payment processing services provided by Stripe.

 

  1. Governing Law

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland. The courts of Ireland shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).

Schedule 1


SEPA/Local Currency Countries List

Local currency bank transfer

Country

Account currency

 AR - Argentina

ARS

 AU - Australia

AUD

 BR - Brazil

BRL

 CA - Canada

CAD

 CH - Switzerland

CHF

 CL - Chile

CLP

 CZ - Czech Republic

CZK

 DK - Denmark

DKK

 GB - United Kingdom

GBP

 HK - Hong Kong

HKD

 HU - Hungary

HUF

 ID - Indonesia

IDR

 LV - Latvia

LVL

 MX - Mexico

MXN

 MY - Malaysia

MYR

 NO - Norway

NOK

 NZ - New Zealand

NZD

 PL - Poland

PLN

 RO - Romania

RON

 SE - Sweden

SEK

 SG - Singapore

SGD

 TR - Turkey

EUR

 UY - Uruguay

URU

 ZA - South Africa

ZAR

SEPA Countries for EURO transfers

Country

Account currency

 AT - Austria

EUR

 BE - Belgium

EUR

 BG - Bulgaria

EUR

 CY - Cyprus

EUR

 DE - Germany

EUR

 EE - Estonia

EUR

 ES - Spain

EUR

 FI - Finland

EUR

 FR - France

EUR

 GF - French Guiana

EUR

 GI - Gibraltar

EUR

 GP - Guadeloupe

EUR

 GR - Greece

EUR

 HR - Croatia

EUR

 IE - Ireland

EUR

 IS - Iceland

EUR

 IT - Italy

EUR

 LI - Liechtenstein

EUR

 LT - Lithuania

EUR

 LU - Luxembourg

EUR

 MC - Monaco

EUR

 MQ - Martinique

EUR

 MT - Malta

EUR

 NL - Netherlands

EUR

 PM - Saint Pierre and Miquelon

EUR

 PT - Portugal

EUR

 RE - Reunion

EUR

 SI - Slovenia

EUR

 SK - Slovakia

EUR

 YT - Mayotte

EUR