Terms of Service
Findnerd is a web based platform primarily for information technology professionals. The key audience that it aims to serve is the software development community; both in individual capacity as well as software professionals as part of organizations. It provides various tools for project management, collaboration, jobs and professional search and a rich knowledge center. It aims to be a one stop solution for IT industry professionals.
Access to the Web Application
Limited License. During the Term of this Agreement, Subscriber shall have a limited, revocable and non-transferable license to permit up to the number of Authorized Users set forth on the Subscription Form to access and use the Web Application solely for Subscriber's internal business purposes. FINDNERD retains all ownership rights in and to materials or information contained therein, including, without limitation, trademarks, trade names, logos, service marks, or any other proprietary content of FINDNERD (the "Materials"). Except as expressly provided herein, FINDNERD does not grant any express or implied right to Subscriber or Authorized Users under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Web Application or Materials.
Links to other internet web sites
The Web Application may contain links to third-party Web sites that are not under the control of FINDNERD. FINDNERD makes no representations whatsoever about any other Web site to which Authorized Users have access through the Web Application. FINDNERD is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites; or for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource.
FINDNERD will assign each Authorized User a user code ("User ID") and password ("Password"). Each Authorized User's right to use the User ID and Password shall terminate immediately upon termination of this Agreement or upon termination of Authorized User's employment with Subscriber. Subscriber shall be solely responsible for monitoring and terminating its Authorized Users' access to the Web Application. Neither Subscriber nor its Authorized Users is permitted to access the Web Application using the User ID or Password of any other Authorized User. Subscriber shall be solely and exclusively responsible and liable for any access to the Web Application by any person or entity who gains access to the Web Application through the use of any Authorized User's User ID or Password.
The Web Application is scheduled to be available 24 hours a day, 7 days a week. FINDNERD reserves the right to interrupt, limit or suspend the Web Application from time to time for purposes of maintenance or upgrades. Subscriber agrees that FINDNERD shall not be responsible or liable for any damages arising from any interruption or suspension of the Web Application, regardless of the cause.
Exclusion of Liability
- While we have taken all reasonable steps to ensure the accuracy and completeness of the information on the Site, we give no warranty and make no representation regarding the accuracy or completeness of the content of this website. Consequently, we accept no liability for any losses or damages arising out of errors or omissions contained in the Site.
- No warranty is given that the website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
- We accept no liability in respect of losses or damages arising out of changes made to the content of this website by unauthorized third parties.
- Access to and use of this website is at the user's own risk and we do not warrant that the use of the Site or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.
- Nothing in these terms and conditions shall attempt to exclude liability for death or personal injury, or for fraudulent misrepresentation.
Limitation of Liability
The Web Application and Materials are provided "as is" and "as available" without warranty of any kind, either express or implied, including, without limitation, any warranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Web Application or the Materials. FINDNERD is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of the use of or the inability to use the Web Application. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to certain Subscribers.
Regardless of the previous paragraph, if FINDNERD is found to be liable, the total aggregate liability of FINDNERD under the terms of this Agreement shall not exceed an amount equal to the fees paid by Subscriber during the twelve months immediately preceding the event giving rise to the claim.
Subscriber shall defend, indemnify and hold FINDNERD (and its officers, directors, shareholders, agents, subsidiaries, affiliates, and employees) harmless from and against any and all claims, losses, damages, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of (a) any breach or alleged breach by Subscriber of this Agreement, or (b) any negligence, or willful or reckless actions or misconduct of Subscriber or Subscriber's employees or agents, including Authorized Users.
To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Project Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. FINDNERD reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone. To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
Employer and Freelancer each acknowledges and agrees that their relationship is that of independent contractors. The Freelancer shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Freelancer and Employer or between FINDNERD and any Employer or Freelancer.
Relationship between Client and Freelancer
Freelancer does not have authority to enter into written or oral - whether implied or express - contracts on behalf of Client. Freelancer acknowledges that FINDNERD does not, in any way, supervise, direct, or control Freelancer's work or Services performed in any manner. FINDNERD does not set Freelancer's work hours and location of work, nor is FINDNERD involved in determining if the compensation will be set at an hourly or fixed rate or in setting the particular rate for a service contract. FINDNERD will not provide Freelancer with training or any equipment, labor or materials needed for a particular Contract. FINDNERD will not deduct any amount for withholding, unemployment, Social Security, or other taxes as it would in the case of an employee. Client and Freelancer will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to Freelancer's performance of Services. For Contracts classified as independent contractor relationships, Client may not require an exclusive relationship between Client and Freelancer. A Freelancer classified as independent contractor is free at all times to provide Services to persons or businesses other than Client, including any competitor of Client. Client and Freelancer agree to indemnify, hold harmless and defend FINDNERD from any and all claims arising out of or related to their Service Contract, including but not limited to claims that Freelancer was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that Freelancer was misclassified (including, but not limited to, taxes, penalties, interest and attorney's fees), any claim that FINDNERD was an employer or joint employer of Freelancer, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.
1. Membership Fees:
Freelancers can choose various membership programs to subscribe to different levels of participation on the Website, as detailed on the Website.
2. Services Fees:
FINDNERD deducts one or more of the following fees, as applicable, from payments made by Employers to Freelancers using the FINDNERD Billing and Payment Services:
i. Project Fee :
FINDNERD charges all Freelancers a Project Fee. The fee is based on a Freelancer's profile membership type and is deducted from the total amount paid by an Employer for a Project. Freelancer's with a Basic membership type are charged a 9% Project Fee and Freelancers with a FINDNERD or FINDNERD Vendor membership type are charged a 4.5% Project Fee.
ii. Employer Payment Processing Fees:
If an Employer pays a Freelancer, an Employer Payment Processing Fee of 3.95% will be charged to the Freelancer.
iii. Freelancer Transfer Method Fee:
If, upon a Freelancer's request, funds are to be disbursed via check or a wire transfer, a Freelancer Transfer Method Fee will be charged to the Freelancer as described on the Website. Transfers made through use of automated clearinghouse, Paypal and Payoneer debit card methods will incur no such fee.
iv. Dispute Resolution Service Fee:
For use of Dispute Resolution Service, irrespective of the nature of resolution and any resulting disbursements, FINDNERD charges a Dispute Resolution Service Fee, equal to the greater of twenty-five dollars ($25.00) and five percent (5%) of the total amount paid by an Employer to FINDNERD for the applicable project to which such payment relates.
Billing and Payment Services:
Subscriber shall pay to FINDNERD in full the Subscription Fee. All invoiced amounts are payable in U.S. dollars upon receipt. If any sales, use, value-added, or other tax or charge is imposed or assessed by any governmental entity upon the sale, use or receipt of access to the Web Application, Subscriber agrees to pay such taxes or charges when invoiced by FINDNERD.
Client and Freelancer each shall (i) create and maintain records to document satisfaction of its obligations under this Agreement and any Service Contract, including without limitation its payment obligations and compliance with tax laws, and (ii) provide copies of such records to FINDNERD upon request. FINDNERD shall have the right, but not the obligation, to routinely, but no more frequently than annually, audit Freelancer's operations and records to confirm compliance. Nothing in this provision should be construed as providing FINDNERD with the right or obligation to supervise or monitor the actual Services performed by Freelancer.
FINDNERD and its licensees reserve all Proprietary Rights in and to the FINDNERD Platform. User may not use the FINDNERD Platform except as necessary for the purposes of discharging its obligations under this Agreement and any Service Contract entered into pursuant to this Agreement. FINDNERD reserves the right to withdraw, expand and otherwise change the FINDNERD Platform at any time in FINDNERD's sole discretion. User shall not be entitled to create any "links" to the FINDNERD Platform, or "frame" or "mirror" any content contained on, or accessible through, the FINDNERD Platform, on any other server or internet-based device.
Other than as expressly allowed herein, neither Subscriber nor any of the Authorized Users shall copy, reproduce, distribute, modify, decompile, disassemble, transfer, create derivative works from, sell, rent, lease, sub-license or otherwise exploit the Web Application or Materials. You agree to use the Site for lawful purposes only, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Site. You agree not to attempt to alter the content of FINDNERD Application in any way.
Privacy and Confidentiality
Governing Law and Jurisdiction
You agree that the terms and conditions of use of this website are governed by Indian law and any dispute regarding this website shall be subject to the exclusive jurisdiction of the courts in India.
Evon Technologies Ltd is a company incorporated in Dehradun with its registered address as:Evon Technologies
A-5 IT Park,
Changes to Terms and Conditions
The contents of the Site, including these terms and conditions of use, are subject to change by us without prior notification to you.