Terms of Service. User Agreement


This User Agreement is concluded between "ITFreelance" Limited liability company (Payer's Identification Number 193565459№Y 138, №298 Maksima Bogdanovicha street, Minsk, Belarus) and Service User registed in accordance with the stated rules. User Agreement is Public Offer Agreement according to 2 p. 407 article of the Civil Code of the Republic of Belarus.

1. Terms and Definitions

1.1 User Agreement (the Agreement) is Public Offer Agreement between the Company and the User. 
1.2 The Company is "ITFreelance" Limited liability company.
1.3 The User is any individual or legal entity gaining access to the Service. 
1.4 The Project is a job offer made by the User for other Users. 
1.5 The Service is a software system providing services for Accounts of registed Users review, the Projects published by them, Users registration, Projects posting and Users communication with each other.
1.6 Service Resources (the Resources) is the scope of techniques used by the Service. Database, files, program functionality of the Service are refered to them.
1.7 The Account is the information of the registed User stored on the Service.
1.8 The Contractor is the User registered on the Service responsible for the Customer Projects.
1.9 The Customer is the User registered on the Service and generate Projects.

2. Subject of the Agreement

2.1 The Company provides services of the Service and the User accepts services of the Service in accordance with the rules stated in the present User Agreement.
2.2 The Company provides the Service with no restrictions for usage by the User subject to the rules stated in this User Agreement.
2.3 The features of the Service allows for certain Service Resources provision via payment for the usage of these resources by the User.
2.4 The payment for the usage of the Resources makes available the features of the Service with time restrictions or without restrictions according to the type of the used Resource.
2.5 In case refusal of the usage of the Resources the User has the right not to pay for the usage of the Service Resources.
2.6 This Agreement is affected when the User uploaded all the necessary information on the stage of registraction and confirmed the awareness and consent with the present User Agreement.

3. The Terms of Providing the Service

3.1 Any User may use the Service of the Company for information browsing provided by the Service.
3.2 In order to create or edit information on the Service, the User is obliged to pass a registration procedure. The registration of the User includes giving the following personal data of the User: telephone number, email, last name, first name, second name, date birth, gender, country and place of residence. It is necessary to read the Privacy Policy on the provision of personal data by link Privacy policy.pdf.
3.3 Only registred Users have the right to create the Projects, respond for the Projects of other Users and communicate with the Users via the Company Service.
3.4 To ensure the identification of the User, the registration process includes confirmation of the User's identity via SMS messages. By accepting this Agreement, the User agrees to receive such messages.
3.5 To register on the Service, the user undertakes to use the phone number and e-mail address belonging to him personally. When changing the phone number or email address after registration, the User also undertakes to use the new phone number and email address belonging to him personally.
3.6 When filling out a user profile on the Service, the User undertakes to use his real first name, second name, last name, date of birth, place of residence and gender.
3.7 After the registration the User is permitted to use the Resources as via payment or free of charge in accordance to the type of the used Resource.
3.8 The registed User cares the full responsibility for the actions made by the usage of the Service Resources, including access to the Service data protection.
3.9 The Company reserves the right to use data of the User provided during the registration for the Service processes organisation.
3.10 The User has the right to stop the usage of the Service via switching off the Account of the User in the Service. For this purpose the User has to give notice to the Company by phone +375 (29) 806-32-12 or email support@itfreelance.by, after which an additional procedure of the User verification may be required.
3.11 The Company intends to provide the work of the Service with the best quality, but not guarantees the work of the Service within 24 hours.
3.12 One User has the right to registrate only one Account.

4. Paymnet for Service Resources

4.1 The User has the right to use the Resources to be paid for.
4.2 Payment for the Resources is made in accordance with prices specified in relevant sections.
4.3 Payment is made by payment cards Visa, MasterCard, Belcard using the WebPay payment system www.webpay.by.
4.4 Payment is made in belarusian rubles.
4.5 Payment process:
The User gets the opportunity to use the Resources directly upon the payment. To pay for the goods using a bank card on the appropriate page, you must click "Pay", after which there will be an automatic redirection to the external payment system WebPay. In the window that opens, wait to go to the secure page with payment information. Fill in the cardholder information using the tooltips on the right side of the page. Click the "Pay" button. The secure WebPay server establishes an encrypted connection using the secure TLS protocol and confidentially receives from the client the data of his payment card (card number, holder's name, expiration date and control number of the CVC / CVC2 bank card). After making a payment using a bank card, it is necessary to save the received card checks (confirmation of payment) for reconciliation with the statement from the card account (in order to confirm the operations performed in case of disputes). The fact of payment is confirmed in the "Finance" section of the Service. A sample document confirming payment can be obtained from the link invoice.pdf.
4.6 Refund process:
In case not getting access to the Resources after payment, the User has the right to refer to the Company for payment confirmation or for refund by phone +375 (29) 806-32-12 or email support@itfreelance.by. When paying with a bank payment card, a refund is made to the card with which the payment was made. When paying by bank payment card, the refund is made to the card with which the payment was made. Refunds are transferred to the bank account within 5-30 working days (the term depends on the bank that issued the bank card).

5. Rights and Duties of the Company

5.1 The Company makes a commitment to provide the work of the Service under terms of the present Agreement.
5.2 The Company has the right to change the terms of this Agreement.
5.3 The Company has the right to change and delete information posted by the User for the purpose of this information to be corresponded to the rules of the Service.
5.4 The Company has the right to use personal data of the User in order to collect statistics, send notifications regarding the work of the Service via telephone number and email of the User.
5.5 The Company has the right to switch off the Account of the User in case of violation of the rules of the present Agreement.
5.6 The Company provides security of the User's data and obliged not to distribute this information without User's knowledge except cases comply with the laws of the Republic of Belarus.
5.7 The Company has the right to use personal data of the User in order to fulfil the work of the Service and obliged not to distribute telephone number and email of the User except cases comply with the laws of the Republic of Belarus.
5.8 The Company undertakes to stop using the User's personal data at the User's request in accordance with clause 6.17 of this Agreement. 


6. Rights and Duties of the User

6.1 The User is obliged to use the Service in accordance with conditions stated in the present Agreement.
6.2 The User is obliged to get acquantied with the information stated in the present Agreement on an independent basis as well as not less than once a week look through the information on changes in this Agreement.
6.3 In case disagreement with the states of this Agreement the User is obliged to stop using the Service immediatly.
6.4 In case the User is registered and tends not to use the Service, the User has the right to notify the Company on having inaction period for this Account.
6.5 The User is obliged not to use the Resources for disfunction the Service.
6.6 The User is obliged to use the Service only for getting or providing the information posting of which is determined under the present Agreement.
6.7 The User is obliged to use the Service comply with the laws of the Republic of Belarus.
6.8 All financial issues between the Customer and the Contractor to be fulfilled by the User without using the Resources.
6.9 By accepting this Agreement the User confirms that the Company is not responsible for financial issues between the Customer and the Contractor.
6.10 The User accepts that the Project posted by the Customer is public data and the Company is not responsible for reliability of the information provided in the Project.
6.11 When publishing the Project, the User undertakes to indicate information without links to external sources outside the Service. It is allowed to post links to external sources in personal correspondence between Users.
6.12 On Project reply the User accepts that the Contractor and the Customer are obliged to fulfil all the necessary documentation comply with the laws of the Republic of Belarus during Project realization without calling upon the Company.
6.13 The User accepts that the Company provides the Service only in informing way and the Company carries no responsibility for the quality of the completed Project and deadline managment on its fulfilment.
6.14 The User has the right to notify the Company on other Users' actions in order to ensure compliance with conditions stated in the present Agreement.
6.15 In case disagreement with the Company decisions on information content managment of the Service (posting data about other Users, created Projects and other information), the User has the right to stop using the Service.
6.16 The User is obliged to be respectful regarding other Users of the Service as well as post data that is not compatible with the laws of the Republic of Belarus.
6.17 The User has the right to demand from the Company to stop using his personal data. To do this the User must notify the Company in accordance with clause 3.10 of this Agreement, after which the User's Account will be disabled in the Service.

7. Responsibility. Limit of Responsibility 

7.1 The Company takes responsibility for the accuracy of the stated by it infromation.
7.2 The Company takes no responsibility for the accuracy of data provided by the Users of the Service.
7.3 The Company takes no responsibility for flawless and faultless work of the Service.
7.4 The Company takes no responsibility to the Users and third parties for direct or indirect losses, expectation damages, honour and dignity injuries or business reputation caused as the result of usage of the Service.
7.5 The Company takes no responsibility for losses or damages caused as the result of usage of the Service by the Customer or Contractor.
7.6 The Company takes no responsibility for terms and quality of the work made by the Contractor for the Customer. The Contractor carries all the responsibility for Customer's work fulfilment and obliged to observe the laws of the Republis of Belarus at all stages of Customer's project fulfillment, including liabilities on making the necessary documents, reports and payment acceptance from the Customer.
7.7 The Company stays out of and takes no responsibility for payment of the work fulfilled by the Contractor to the Customer. All financial issuies between the Contractor and the Customer take place without involvement of the Company and the Service.

8. Copyrights

8.1 By any information posting on the Service the User confirms existence of these rights on using the information.
8.2 By posting information on the Service the User transfers rights to the Company at no cost on using in all manners and methods including but not limited to: distribution, reproduction, demonstration, fulfilment, translation, processing, over-the-air transmission, by cable and wires or with the help of similar means.
8.3 In case third parties use information located on the Service it is needed to get copyrights holders' permission for using this information.
8.4 In case intellectual property rights are violated by the User the Company has the right to swith off the Account of the User until all the disputs are settled.

9. Procedure of Dispute Settlement

9.1 The User and the Company accept that all disputs and disagreements that may be caused as the result of using the Service first of all shall be settled via negotiations by using personal meetings or by email support@itfreelance.by of the Company.
9.2 In case impossibility of disagreements solving, out-of-court procedure for the resolution of the dispute is a must.
9.3 If consent between the User and the Company cannot be reached via out-of-court procedure, disputes are resolved through judicial procedures at the location of the Company pursuant to the laws of the Republic of Belarus.
9.4 In case disagreements arise between the Customer and the Contractor related to the Project implementation or payment, such disputs are solved by the Customer and the Contractor without the Company.

10. Procedure for the Introduction of Amendments to the Present Agreement

10.1 This Agreement may be changed by the Company unilaterally without having Users' consent.
10.2 In case disagreement to the amendments to the Agreement the User has the right to stop using the Service and terminate the present Agreement. If the User continues making use of the Service from the date of introduction of amendments to the Present Agreement, the Company counts that the User gave the consent to the changed Agreement.