Terms Of Use

   

  1. TERMS.

By accessing TMgottalent.com, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

  1. REGISTRATION

A. Eligibility. 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 Job Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. Tmgottalent.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.

B. Registration. 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.

C.  Accounts and Profiles. Once you have registered with the Website as a Registered User, the Website will create your Account with Tmgottalent.com and associate it with an account number.

3.       Username and Password. During registration, you will be asked to choose a username, password and security questions and answers for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username, password and security questions and answers you use to access this Website. You authorize TMgottalent.com to assume that any person using the Website with your username, password and/or security questions and answers is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.

  1. RELATIONSHIPS

A.  Employer and Freelancer.

  • Job Agreement. The engagement, contracting and management of a job are between an Employer and a Freelancer. Upon acceptance of a quote, the Employer agrees to purchase, and the Freelancer agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Employer and Freelancer including the Quote, Job Description, and other terms and conditions as communicated between Employer and Freelancer on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by Tmgottalent.com (collectively, the “Job Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Job Agreement in conflict with these Terms of Service is void. Employer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Job Agreement in a timely manner.
  • Independence. 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 Tmgottlent.com and any Employer or Freelancer.
  • TM GOT TALENT BILLING AND PAYMENT SERVICES

A. Payment Methods. In order to use certain Services, Registered Users must provide and verify at least one valid Payment Method. You hereby authorize Tmgottalent.com to store, or contract with a third-party to store, Payment Method information for future use as provided in these Terms of Service and our Privacy Policy. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.

·         Credit Card, PayPal and other Payment Methods. You hereby authorize Tmgottalent.com to store credit card or other Payment Method details as a method of payment for Services, and to charge your credit card (or any other Payment Method authorized by Tmgottalent.com or mutually agreed to between you and Tmgottalent.com.

  1. Agreement to Pay. If, for any reason, Tmgottalent.com does not receive payment for any amounts that you have authorized to be paid through your use of the Tm Got Talent Billing and Payment Services, you agree to pay such amount immediately upon demand by Fiverro.com. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Tmgottalent.com in collecting from you the authorized but unpaid amount. In such case,Tmgottalent.com may, at its option, stop processing any further payments made by you and apply any amounts then held by Tmgottalent.com on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Tmgottalent Billing and Payment Services.
  2. DISPUTE SERVICES
  3. Eligibility. Tmgottalent.com offers the Dispute Resolution Service to those Registered Users that have requested Tmgottlent.com to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Job that is (i) pursuant to a job posting by an Employer through the Website, (ii) pursuant to a bid for by a Freelancer through the Website for such job posting and (iii) pursuant to an acceptance through the Website by the Employer for such bid.
  4. REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS

A. Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:

·         not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.

·         to be fully responsible and liable for any action of any user who uses your Account.

·         not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.

·         not to allow any third party who is not authorized to do so to use your Account at any time.

·         not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.

·         not to intercept or expropriate any system, data or personal information from the Website.

·         not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.

·         that it has the right and authority to enter into the Terms of Service and to transact business hereunder.

·          that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.

9. Warranty Disclaimer. THE SERVICES PROVIDED BY TMGOTTALENT.COM OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, 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 QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability. IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER 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 WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE TIME IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

11. Indemnity. You agree to defend, hold harmless and indemnify Tmgottalent.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by Tmgottalent.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Tmgottalent.com: (1) in connection with your use of the Services including any payment obligations incurred through use of the Tm Got Talent Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User.

  1. MISCELLANEOUS TERMS AND CONDITIONS

A. Compliance with Law. You are responsible for compliance with applicable U.S. state, U.S. federal and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.

B. Modification and Waiver. Tmgottalent.com  will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Tmgottalent.com. No delay or omission by tmgottalent.com 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.

 

C. Severability. If any part of these 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.

D. Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of Tmgottalent.com, and any attempt to do so will be null and void. Tmgottalent.com may assign these Terms of Service in its sole discretion.

E. Force Majeure. Except for the payment of fees to Tmgottalent.com, neither of the parties to these Terms of Service 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.

 

For sellers:

The process of creating a new job is much easier than building any other freelancer profile. All you need to do is advertise the job or service that you sell and then share your job online. Tm GOT Talent will provide ongoing advertising resources to make sure that your job is visible across multiple search engines and you can share your job and profile link to increase engagement and book more sales.
You can receive notifications when ever someone is interested in your order and then deliver the work when it's completed collecting 80% of your earnings to paypal on delivery. This is the easiest way that you can start to make extra money online or share your freelance services with another network!
 

For Buyers:

The process of registering for a buyers account just takes an active e-mail and a few minutes. Once you've signed up for an account you can browse the catalogue to place an order for the freelance services and pay for the services using your PayPal or credit card. After that you can track the progress as well as communicate and exchange information with the freelancer. On delivery of the work you can request revisions as well as leave a review for the particular seller to help them increase their future orders or to warn other potential buyers about service difficulties.
Tmgottalent.com really is the ultimate resource for freelancers and businesses. As this marketplace continues to expand more features will be added and greater levels of support will be provided for freelancers and businesses. Check out the offerings on Tmgottalent and don't be afraid to sign up and offer your services if you are a qualified freelancer. The site is free to join and the best marketplace for online freelance services.
 
Each order you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.  TM Got Talent accredits sellers once an order is completed. See our order section for a definition of a completed order.
Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 10 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.Withdrawals from your account may become disabled upon review of our Trust & Safety team.
This may be done for security concerns in order to prevent fraudulent transactions, reported poor performance or violations to our Terms of Service from buyers to our Customer Support team, or if another TM Got Talent profile is associated to the same withdrawal providers.
Enabling withdrawals will be evaluated by our Trust & Safety team following a review of your account.
If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
Sellers may withdraw their revenues using one of TM Got Talent withdrawal options.
The seller’s rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain advanced seller levels.
 
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You understand that all posting of ads, video, data transfer, images, messages, text, files, sounds, or other materials ("Content") posted on Tmgottalent.com, whether publicly or privately transmitted services are the sole responsibility of the individual/group from whom such Content originated. You are completely responsible for each individual product or services you post, email or other services made accessible to the public. You understand that under no circumstances would Tmgottalent.com control, or be held responsible for any postings made available through the Service we provide, and that by using our site, you may be exposed to Content that is unpleasant, offensive, imprecise, ambiguous, or otherwise intolerable.