FocusOnFreelance Terms of Service

Each time you access or use FocusOnFreelance (www.FocusOnFreelance.com) online website, including any content, functionality and services offered on or through the website, whether as a guest or as a registered user. (a) You represent that you have read and understand the Privacy Policy; and (b) By using the website, you are agreeing to the terms and conditions of this agreement.

You must be 13 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use FocusOnFreelance in any manner. 

If you do not want to agree to these Terms & Conditions or the Privacy Policy, you must not access or use the website.

Sellers

General

  • Sellers create Jobs (Services) on FocusOnFreelance to allow Buyers to purchase their services.
  • Sellers may also offer Extra (Custom) Offers to Buyers in addition to their Jobs.
  • Each Job you sell and successfully complete, accredits your account with a net revenue of 100% of the purchase amount minus the commission percentage that FocusOnFreelance changes to the Seller (Currently 10%).
  • FocusOnFreelance accredits Sellers once an order is completed.
  • Sellers may not promote their Jobs or any FocusOnFreelance content via the Google Ads platform.
  • The Seller’s rating is calculated based on the order reviews posted by. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
  • For security concerns, FocusOnFreelance may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple FocusOnFreelance accounts to a single withdrawal provider.
  • Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Jobs (Services)

  • Sellers are allowed to post a select amount of active Jobs.
  • Jobs created on FocusOnFreelance are done so using content created by user.
  • FocusOnFreelance does not check or verify content uploaded or created by user for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading or creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the FocusOnFreelance platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
  • Jobs and/or users may be removed by FocusOnFreelance from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement.
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Jobs
    • Spam, nonsense, or violent or deceptive Jobs
    • Jobs misleading to Buyers or others
    • Reselling of regulated goods
    • Offering to prepare academic works on behalf of Buyers
    • Services that extend beyond 30 days of service duration
    • Exceedingly low-quality Jobs
    • Promoting FocusOnFreelance and/or FocusOnFreelance Jobs through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
  • Jobs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
  • Jobs that are removed for violations are not eligible to be restored or edited.
  • Jobs may be removed from our Search feature due to poor performance and/or user misconduct.
  • Jobs may include pre-approved website URLs contained within the Job description and requirements box. Jobs containing websites promoting content, which violates FocusOnFreelance’s Terms of Service and/or our Community Standards, will be removed.
  • Jobs are required to have an appropriate Job image related to the service offered. An option to upload additional Job images are available to all Sellers, which will be displayed via a rotating Gallery. Sellers must deliver the same quality of service as shown on their Job images. Recurring deliveries that don’t match the quality shown on the Job images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
  • Jobs may contain an approved Job Video uploaded, or a link to an external video (i.e. YouTube, Vimeo, Etc.) through the Job management tools available on FocusOnFreelance.
  • Statements on the Job Page that undermine or circumvent these Terms of Service is prohibited.
  • Eligible Jobs in select Categories may set up Job Packages to offer their services in structured formats with multiple price points for the selected Job.

Extra Services

  • Extra Services are additional services offered on top of the Seller’s Job for an additional price defined by the Seller.
  • Extra Services may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Jobs section above for a list of services that violate our Terms of Service. Jobs are subject to be removed due to violations found in Extra Services.
  • Services offered through Extra Services must be related to the base service and part of the deliverables on the Order.
  • Extra Services may cover different categories of services that are components to a higher quality delivered service.
  • Sellers have the option to extend the duration of an Order for each Job Extra that is added to the Order. This is to cover the time needed to complete the extra service.

BUYERS

General

You may not offer direct payments to Sellers using payment systems outside of the FocusOnFreelance platform.

FocusOnFreelance retains the right to use all publicly published delivered works for FocusOnFreelance marketing and promotional purposes.

Purchasing

Please refer to the Payment Terms for making Payments through the FocusOnFreelance platform and to learn about fees and taxes.

In addition, Buyers can request a Custom Order which addresses specific Buyer requirements and receive a Custom Offer from Sellers through the site or through FocusOnFreelance Anywhere.

You may not offer Sellers to pay, or make payment using any method other than through the FocusOnFreelance.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

ORDERS

Basics

Once payment is confirmed, your order will be created and given a unique FocusOnFreelance order number (#FO).

Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Job.

The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.

An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact FocusOnFreelance’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

Orders through the Logo Maker are completed once payment is made by the Buyer.

Handling Orders

When a Buyer orders a Job, the Seller is notified by email as well as notifications on the site while logged into the account.

Sellers are required to meet the delivery time they specified when creating their Jobs. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s status.

Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.

Users are responsible for scanning all transferred files for viruses and malware. FocusOnFreelance will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Buyers may use the “Request Revisions” feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller’s description on their Job page or they do not match the requirements sent to the Seller at the beginning of the order process.

Reviews

Feedback reviews provided by Buyers while completing an Order are an essential part of FocusOnFreelance’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regard to the service provided by the Seller.

Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.

To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the FocusOnFreelance platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the FocusOnFreelance platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.

Feedback comments given by Buyers are publicly displayed on a Seller’s Job page.

Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Job page if the Buyer chooses to publish the Work Sample while providing a public feedback review.

Withholding the delivery of services, files, or information required to complete the Job’s service with the intent to gain favorable reviews or additional services is prohibited.

Responding and posting a review: Once work is delivered; the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.

Users can leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.

Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Feedback reviews are unavailable for orders made through the Logo Maker.

Your Information

All the information we collect on the website is subject to our Privacy Policy (insert hyperlink). By using the website, you consent to all actions taken by us with respect to your information in compliance with the privacy policy.

FOF assumes no responsibility and disclaims all liability for the information you post, send or receive through the site.

By using FocusOnFreelance (FOF), you agree that we are not responsible for the content of the messages, screener questions, skills assessments or their format or method of delivery.

FOF does not guarantee the identity of any individuals and cautions clients when seeking services. FOF does not guarantee the validity of a service offer and cautions clients to verify the validity of all offers. Clients are solely responsible for verifying the accuracy of any freelancer or service offer.

You understand and acknowledge that you have no ownership rights in your FocusOnFreelance (FOF) account and that if you cancel your FOF account, all your account information from FOF will be marked as deleted in our databases and will be removed from any public area of the FocusOnFreelance site. In addition, third parties may retain cached copies of your information.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms & conditions. All users agree not to do any of the following: (a) Using the site in any way that violates any applicable federal, state, local or international law or regulation; or (b) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (d) delete or revise any material posted by any other person or entity; (e) aggregate, copy, or duplicate in any manner any of the FocusOnFreelance content or information available from FocusOnFreelance, without express written consent from FocusOnFreelance; (f) Impersonate or attempt to impersonate FocusOnFreelance, a FocusOnFreelance employee, another user or any other person or entity ; or (g) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website.

FocusOnFreelance does not necessarily monitor materials posted, transmitted, or communicated to or within the site. If you believe that something on the site violates these Terms, please contact us (insert hyperlink).

You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your FocusOnFreelance registrations and passwords, whether authorized by you or not. You agree to immediately notify FocusOnFreelance of any unauthorized use of your account, profile, or passwords. You are responsible for maintaining the confidentiality of your account, profile, and passwords, as applicable.

Copyright Infringement

Copyright Infringement is serious. The Digital Millennium Copyright Act of 1998 (the “DMCA “) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe any materials accessible on/from this website infringes your copyright, you may request removal of those materials (or access to them) from the website by submitting written notification to (insert email and PO Box).

Please be aware that if you knowingly materially misrepresent that material or activity on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

We reserve the right to disable and/or terminate the accounts of users who are repeat infringers.

Warranty Disclaimer

WE WILL NOT BE LIABLE FOF ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, RELATED CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FOCUSONFREELANCE NOR ANY PERSON ASSOCIATED WITH FOCUSONFREELANCE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOFEGOING, NEITHER FOCUSONFREELANCE NOR ANYONE ASSOCIATED WITH FOCUSONFREELANCE REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

FOCUSONFREELANCE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOF PARTICULAR PURPOSE.

Limitations of Liability

IN NO EVENT WILL FOCUSONFREELANCE OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF FOCUSONFREELANCE OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFOFMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFOFMANCE OR NON-PERFOFMANCE OF THE SITE OR ANY INFOFMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF FOCUSONFREELANCE AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOF ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID INDEED TO USE THE SITE.

THE FOFEGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Filed Claims Limitations

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, AND WILL NOT EXCEED $50, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify and hold harmless FocusOnFreelance, its affiliates, and their respective officers, directors, employees, and agents from and against any damages, losses, or expenses, including without limitation reasonable legal and accounting fees, resulting from any user content or other material you provide to us, your use of any FocusOnFreelance content, or your breach or alleged breach of these Terms. If FocusOnFreelance wants you to defend it in any such action, we shall provide prompt notice to you of any related claim or demand.

Term Agreement

These terms will remain in full force and effect whenever you are a user of FocusOnFreelance (FOF) at any time. FocusOnFreelance reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your user content from FOF and immediate termination of your registration or ability to access FOF, and/or any other services provided by FOF, upon any breach by you of these terms or if FOF is unable to verify or authenticate any information you submit to FOF or pursuant to other FOF site registration. These terms constitute a binding agreement between you and FocusOnFreelance and is accepted by you upon your use of FocusOnFreelance.