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Terms of Service Agreement
This agreement sets out the terms and conditions, which include the Site Policies, collectively referred to as the “Service Agreement” and as the 'Terms and Conditions', applicable to members of the service operated by OutsourcingRoom (CyberBionic Systematics Corp.).
By visiting or using the services available from the domain and sub-domains of www.outsourcingroom.com (the “Site”) applicants (referred to as 'Members') must agree to the following Terms and Conditions.
We suggest that you consult the Terms of Service and the linked information regularly for updates.
We reserve the right to revise the Terms and Conditions and all linked information from time to time in our sole discretion by updating this posting or any linked information.
Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
In the event a member breaches or otherwise fails to comply with any provision of these Terms and Conditions then in addition to any other remedy available to OutsourcingRoom, OutsourcingRoom may terminate the participation of such member in the service and/or may withhold any payments relating to participation in the service due to such member from OutsourcingRoom.
ELIGIBILITY REQUIREMENTS
OutsourcingRoom.com shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service.
REMOVAL FROM NETWORK
Our Services are available only to legal entities and individuals in business who are 18 years or older and can form legally binding contracts.
To register for an Account with OutsourcingRoom and become a Member, you must accept all of the terms and conditions in, and linked to, the Terms of Service.
OutsourcingRoom.com reserves the right to terminate the participation of any member or site without reason but expressly including any member site that OutsourcingRoom judges to be in violation of the Terms and Conditions.
Members in violation of OutsourcingRoom's Terms and Conditions will be immediately deactivated.
OutsourcingRoom may deactivate members with no prior notification.
Members found in violation of the Terms and Conditions will not receive any credit or payment from OutsourcingRoom.
Members that are terminated by OutsourcingRoom on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from OutsourcingRoom.
FEES
When a Client makes a payment to a Provider, OutsourcingRoom deducts a Service Fee earned for providing the OutsourcingRoom Services, plus a Payment Processing Fee to cover expenses incurred with third-party payment processors such as credit card companies, PayPal, and banks.
OutsourcingRoom transfers the remaining payment amount to the Provider.
The total amount of the Service Fee plus the Payment Processing Fee varies according to the Provider’s volume.
Clients:
By visiting or using the Site you agree to use OutsourcingRoom to make all payments to Providers you identify on the Site, so that OutsourcingRoom can collect its Service Fee.
You also acknowledge and agree that OutsourcingRoom earns its Service Fee on all payments to a Provider you identify on OutsourcingRoom in the first 12 months after you identify the Provider through the Site, regardless of whether you make the payments through OutsourcingRoom or not.
You agree not to take any action directly or indirectly to circumvent these fees. After 12 months, our Service Fee for payments to the Provider applies only if the payment is made through the Payment Service.
Providers:
By visiting or using the Site, or by communicating with Clients identified through the Site, you agree to use OutsourcingRoom to receive all payments you receive from Clients you identify on the Site, so that OutsourcingRoom can collect its Service Fee.
You also acknowledge and agree that OutsourcingRoom earns its Service Fee on all payments from a Client you identify on OutsourcingRoom in the first 12 months after you identify the Client through the Site, regardless whether you receive the payments through OutsourcingRoom or not.
You agree not to take any action directly or indirectly to circumvent these fees, and to pay additional fees that apply as described on the Site and in the Site Policies. After 12 months, our Service Fee for payments from the Client applies only if the payment is made through the Payment Service.
YOUR ACCOUNT
To become a Member and use the Services available from the Site 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 Site, and to update such information to maintain its truth, accuracy and completeness.
You cannot register for more than one Client Account and one Provider Account.
Passwords and Use of Account
When a Member registers an Account, the Member will be asked to choose a Sign In name and password for the Account.
The Member will also be asked to choose the initial Sign In name and password.
PAYMENTS
OutsourcingRoom will typically make payments/withdrawals if the member requests it AND their account balance is equal to or greater than $30.
All amounts are stated in and all payments will be made in US funds.
We verify all deposits and might ask you to verify yours; If you refuse to send verification information via E-mail, Fax or Phone, we reserve the right to refund the deposit and terminate your account.
New members cannot withdraw funds within 30 days of their first project payment.
OutsourcingRoom reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent.
Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately.
If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your OutsourcingRoom account or face account termination.
OutsourcingRoom cannot be held liable for deposits reversed without its authorization due to reasons, including, but not limited to, fraud, chargebacks or complaints.
CyberBionic Systematics Corp. reserves the right to earn interest from its service provider banks or others arising from the processing of payments.
CyberBionic Systematics Corp. is prohibited by law from paying interest to members in respect of any balance held in member's account.
OutsourcingRoom may request proof of programming services performed at any time before authorizing a withdrawal of funds received for that project.
As previously stated, any member site that OutsourcingRoom removes from the service due to violation of the Terms and Conditions will receive no credit or payment.
<%--ESCROW
OutsourcingRoom provides escrow as a free, bonus, and automated service only as a tool to help members transact more securely.
We do not act as an arbitrator between parties, should a dispute arise, except in limited situations.
Financial disputes should be resolved between members, or via another third party, and without OutsourcingRoom whenever possible.
We do, however, reserve the right to cancel an escrow payment, at any time, if we believe we are left with no other option.
We also reserve the right to complete an escrow payment if no response is received from the payer, after repeated attempts at contact, for 30 continuous days.
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DEPOSIT DISPUTES
Members may not file a complaint with one of our payment processors, including PayPal or 2checkout, regarding the funds deposited into their account. OutsourcingRoom staff will do its best to resolve any problem a member may have.
Refunds will be processed, if deemed necessary, at a time of OutsourcingRoom staff's choosing.
Due to the incompatible communication systems between our payment processors and OutsourcingRoom staff members, payment disputes logged directly with those processors cannot be properly managed and will cause further delays.
Due to this, members who make a complaint to our payment processor will face account termination without notice.
COPYRIGHTS
No copyright material can be posted on OutsourcingRoom.
Only posting sections of articles or scripts, as examples, will be permitted.
A "section" being no more than 10% of the contents. This is meant to protect the author's rights.
We also do not tolerate projects requesting unauthorized reproduction of copyrighted or patented material.
MODIFICATIONS
OutsourcingRoom reserves the right to change the member Terms and Conditions at any time.
It is the member's responsibility to check these Terms and Conditions from time to time for such changes.
In the event OutsourcingRoom offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.
OWNERSHIP
Members agree that all information contained on a website operated by OutsourcingRoom, and all information compiled by OutsourcingRoom through operation of the affiliate program, is the proprietary information of OutsourcingRoom.
Personal information provided by members to OutsourcingRoom will be kept confidential and will not be distributed to any third party.
E-MAIL ADDRESSES
Members agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by OutsourcingRoom at any other time.
There should be no need to give anyone your e-mail address.
It is automatically provided if you choose a programmer (or you are the programmer chosen for) a project, and before that time you can use the message board to communicate.
This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, etc...
See "Avoiding Commissions" below for the reason.
PROVIDING CONTACT INFORMATION
You are prohibited from making direct contact with another member, unless it's for a project you (a programmer) have been picked for, or you (a buyer) have picked a programmer for.
This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. OutsourcingRoom provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Featured" projects.
If a project has the "Featured" graphic on it, that means the buyer has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board.
Note that the OutsourcingRoom system does not distinguish between featured and non-featured message board posts, so you will still get a warning when submitting an e-mail address, even if the project is featured.
AVOIDING COMMISSIONS
You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of OutsourcingRoom) after that project has been created/opened and before that project has been closed (basically, during an ongoing project).
But this also applies to any project that was closed without a programmer being chosen, and then contacting them about the project anyway.
Both parties are responsible for notifying OutsourcingRoom if the payment amount increases (above the bid amount) after the project is closed.
Receiving a larger amount than the original project bid, without notifying us, will be considered an attempt to avoid the commissions.
When a programmer requests a withdrawal, we always review all payments received for each project to verify that they match the bid.
If at the time of a withdrawal request the programmer has failed to notify OutsourcingRoom staff of a payment received above the amount of his bid (a total payment above US$100), OutsourcingRoom reserves the right to deduct double the fee for the amount that should have been reported.
We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on OutsourcingRoom.
BIDDING
Programmers can only place bids that equal the total amount of money they are requesting for the project.
You cannot post an hourly bid or any other abnormal type of bid.
This applies to buyers too.
Buyers cannot create projects that directly or indirectly require programmers to place hourly or other abnormal bids.
The only exception, for both buyers and programmers, is when the project is featured.
See featured project information at http://www.OutsourcingRoom.com/featured.
POSTING PROJECTS
New users are limited to the posting of only 3 projects before being asked to make a deposit.
This is meant to protect other users and prevent fraudulent activity.
A user is required to deposit any amount of funds before they gain the right to post unlimited projects.
A user may request higher posting limits, under special circumstances, by simply contacting OutsourcingRoom support.
ADVERTISING
You are prohibited from advertising your website on OutsourcingRoom.
Any URL posted in a bid, project description, or the message board, must relate to a project on OutsourcingRoom.
An example of a permissible URL: your portfolio or resume page.
ACCOUNTS
An individual may not possess more than one Buyer account and one Programmer account, unless they have contacted and received authorization from OutsourcingRoom staff.
Users found with unauthorized multiple accounts, or found to be using multiple accounts to avoid bad reviews, fees, suspensions or other limitations, will face suspension of all their accounts.
It is prohibited under all circumstances to transfer ownership of an account, without authorization from OutsourcingRoom staff.
Accounts that are inactive (have no login activity) for more than 12 months may be deactivated and have their remaining funds deducted by OutsourcingRoom.
THE ROLE OF OUTSOURCINGROOM
OutsourcingRoom functions as a venue to connect buyers and programmers in a virtual marketplace.
As a neutral facilitator, OutsourcingRoom is not directly involved in the actual transactions between users of the Site.
As a result, OutsourcingRoom has no control over the truth, accuracy, quality, legality, or safety of postings made by users.
Because verifying the identity of a user on the Internet is difficult, OutsourcingRoom cannot and does not confirm the identity of users.
OutsourcingRoom also does not confirm nor verify the qualifications, background, or abilities of users.
Therefore, We recommend that You be careful and exercise common sense and good judgment when dealing with any member on the Site.
You are encouraged to review our Project Guidlines before taking part in a project.
If you are unsatisfied with another member, the most OutsourcingRoom can do is refund the project commission you have been charged by us.
We cannot refund the money you have sent to someone, we are not responsible for your transactions.
OutsourcingRoom is not responsible for fraudulent payments made by users and cannot be held liable for financial loss incurred from fraudulent transactions.
It is the receiver's responsibility to verify the identity and background of the sender.
LEGAL ISSUES
OutsourcingRoom Provides the Online Workplace
OutsourcingRoom makes the Site available as an online marketplace and online workplace where Clients and Providers of professional services locate and connect with each other and take advantage of the Services.
OutsourcingRoom is not involved in the dealing and contracting between Clients and Providers, or in the Providers’ delivery of Provider Services to Clients.
OutsourcingRoom has no control over and does not guarantee the quality, safety or legality of Provider Services advertised, the truth or accuracy of listings, the qualifications, background, or abilities of Members, the ability of Providers to deliver Provider Services, the ability of Clients to pay for Provider Services, or that a Client or Provider can or will actually complete a transaction.
Performance of Member Contracts
Upon acceptance of a proposal, the Client agrees to purchase, and the Provider agrees to deliver, the Provider Services in accordance with the proposal, the Terms of Service, and any other contract uploaded to the Site by the parties (collectively, the “Member Contract”).
You agree not to enter into any contractual provisions in conflict with the Terms of Service.
Any provision of a Member Contract in conflict with the Terms of Service is void.
The Client and Provider each covenants and agrees to act with good faith and fair dealing in performance of the Member Contract.
Furthermore, the Client and Provider each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of the foregoing covenants and agreements.
The Client and the Provider therefore agree that OutsourcingRoom has the right to take such actions with respect to the Member Contract, including without limitation suspension, еermination, or legal actions, as OutsourcingRoom in its sole discretion deems necessary to protect the мalue, reputation, and goodwill of the Site.
Jobs
By registering as a Member, you acknowledge and agree that whenever you use our Marketplace Services you locate, choose, connect with and hire or are hired directly by other Members of the Site to receive or deliver Jobs in accordance with the Terms of Service.
OutsourcingRoom is not involved in the dealing or contracting between Clients and Providers for Jobs, or in the Providers’ delivery of Jobs to Clients.
OutsourcingRoom is not a party to any contract for any purchase and sale of Jobs or any other Provider Services on the Site.
All rights and obligations for the purchase and sale of any Jobs are solely between Clients and Providers.
Each Client and Provider must look solely to the other for enforcement and performance of all the rights and obligations arising from Jobs in accordance with the Terms of Service and any other terms, conditions, representations, or warranties associated with such dealings.
Relationship between Clients and Providers
Each Client and Provider acknowledges and agrees that their relationship is that of independent contractors.
The Services performed by the Service Provider, its employees, agents or sub-contractors shall be as an independent contractor and nothing in the Terms of Service shall be deemed to create a partnership, joint venture, agency, employer-employee relationship or otherwise.
Taxes, Reporting and Legal Responsibilities
Each Member is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.
Directory of Providers
The Site contains a directory of Providers.
The directory is populated with information from third party sources, from Providers themselves and from other Members.
OutsourcingRoom provides this directory as a convenience and does not confirm or verify the information contained in it.
Third Party Content, Verification and Monitoring
OutsourcingRoom makes available to Members on the Site various Services provided by third parties to verify a Member’s identity or credentials (“Verification Providers”) or provide testing services (“Testing Providers”).
OutsourcingRoom has no editorial control over such content. OutsourcingRoom is not responsible for and does not monitor content for accuracy or reliability.
Any opinions, advice, statements, Services, offers or other information or content express or made available by third parties, including information providers, Testing Providers, Members and Verification Providers, are those of the respective author(s) or distributor(s) and not of OutsourcingRoom.
OutsourcingRoom neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on this Site by anyone other than authorized OutsourcingRoom employees acting in their official capacities.
OutsourcingRoom does not confirm or verify if a Provider claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the Services or advice being requested.
Links
This Site may contain links to other Web sites or resources and access and use of certain services offered by third parties, including online communication services such as chat, email and calls and your access and use of those Web sites, resources or services, including the online communication services, will be governed by the terms and policies of the Web site or resource or Provider.
These services are owned and operated by the third party Providers and their licensors.
You acknowledge and agree that OutsourcingRoom is not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such Sites or resources.
The inclusion of any link on the Site does not imply that we endorse the linked site.
You use the links and these services at your own risk.
No Agency
The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and OutsourcingRoom, except and solely to the extent expressly stated.
Access and Interference
The Site contains robot exclusion headers.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of OutsourcingRoom and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site.
Data
You are responsible for creation, storage, and backup of your business records.
The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating any responsibility on OutsourcingRoom’s part to store, backup, retain, or grant access to any information or data for any period.
WARRANTY DISCLAIMER
The services provided by OutsourcingRoom or any of our licensors or providers are provided as “as is”, “as available, and without any warranties or conditions (express or implies, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).
We make no representations or warranties, of any kind, either express or implied, as to the postings, made on the web site by any third party, or as to the accuracy off the postings made on the web site by any third party.
Some states and jurisdictions do not allow limitations on how long an implied warranty lasts, so some of the above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall we or our licensors or providers be liable to you or any other member for any special, indirect, consequential, incidental or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages.
Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the services provided under this agreement, whether based on contract, tort, negligence or any other theory of liability, exceed in the greater of: (a) $100 or (b) the aggregate amount of service charges actually collected by us from you for the services to which the liability relates during the six (6) month period immediately preceding the determination of such liability.
Some states and jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion not apply to you.
CUSTOMER SERVICE
If you have any questions, suggestions, reports of problems or complaints regarding any OutsourcingRoom Services, your use of the Site, the conduct of or purchase, sale, delivery, or payment of or for Services by or from any Member, please contact Customer Service.
NOTICES AND COMMUNICATIONS
Unless you otherwise indicate in writing to Customer Service, OutsourcingRoom will communicate with you by email or by posting communications on this Site.
You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing.
You will be considered to have received a communication when OutsourcingRoom sends it to the email address you have provided to OutsourcingRoom on this Site, or when OutsourcingRoom posts such communication on this Site.
You must keep your email address updated on this Site, and you must regularly check this Site for postings.
If you fail to respond to an email message from OutsourcingRoom regarding violation, dispute or complaint within two business days, OutsourcingRoom will have the right to terminate or suspend your Job or your Account.
TERMINATION AND SUSPENSION
This Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by OutsourcingRoom or you as provided for under the terms of this Section.
Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party.
In such event, (i) OutsourcingRoom shall continue to perform those OutsourcingRoom Services necessary to complete any open transaction between you and another Member; and (ii) you shall continue to be obligated to pay OutsourcingRoom and any Providers for any Services for which you have hired such Providers in order to complete any such transactions.
Without limiting OutsourcingRoom’s other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all Services to you if: (a) you breach any terms and conditions of the Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for OutsourcingRoom or are contrary to the interests of the Site or the OutsourcingRoom user community. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Site under the same Account, a different Account or reregister under a new Account.
GENERAL
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries.
OutsourcingRoom will not be considered to have modified or waived any of our rights or remedies under the Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of OutsourcingRoom.
No delay or omission by OutsourcingRoom in exercising its rights or remedies will impair its rights or be construed as a waiver.
Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
If any part of the Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
You will not transfer, assign or delegate your rights or obligations (including your Account) under the Terms of Service to anyone without the express written permission of OutsourcingRoom, and any attempt to do so will be null and void.
OutsourcingRoom may assign this Agreement in its discretion.
Except for the payment of fees to OutsourcingRoom, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.
The time for performance of such party shall be extended by the period of such delay.
The boldface paragraph headings in the Terms of Service are included for ease of reference only and have no binding effect.
The Terms of Service and all documents referenced in the Terms of Service (including the Site Policies listed and available by hyperlink below) comprise the entire agreement between you and OutsourcingRoom with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site.
AND FINALLY...
We thank you for choosing the OutsourcingRoom.com service and we look forward to a mutually successful business relationship.
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