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3. CONTRACTUAL RELATIONSHIP BETWEEN EMPLOYER AND FREELANCER

Section 3 discusses the relationship you may decide to enter into with another User, including Service Contracts between Users, as detailed below.

3.1 SERVICE CONTRACTS

If an Employer and Freelancer decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Employer and Freelancer. Employer and Freelancer have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. You acknowledge, agree, and understand that Faith In Freelancers is not a party to any Service Contract, that the formation of a Service Contract between Users will not, under any circumstances, create an employment or other service relationship between Faith In Freelancers and any Freelancer or a partnership or joint venture between Faith In Freelancers and any User.

With respect to any Service Contract, Employers and Freelancers may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand Faith In Freelancers rights and obligations under the Terms of Service, including this Agreement. The parties to a Service Contract can, if the parties prefer, agree to the Optional Service Contract Terms in whole or in part, in addition to or instead of other such agreements.

The Optional Service Contract Terms are provided as a sample only and may not be appropriate for all jurisdictions or all contracts. Users are responsible for complying with any local requirements. Faith In Freelancers does not assume any responsibility for any consequence of using the Optional Service Contract Terms. The Optional Service Contract Terms are not intended to and do not (a) constitute legal advice, (b) create an attorney-client relationship, or (c) constitute advertising or a solicitation of any type. Each situation is highly fact-specific and requirements vary by situation and jurisdiction and therefore any party should seek legal advice from a licensed attorney in the relevant jurisdictions. Faith In Freelancers expressly disclaims any and all liability with respect to actions or omissions based on the Optional Service Contract Terms.

Please refer to the Faith In Freelancers Payroll Agreement for Service Contracts using Faith In Freelancers Payroll.

3.2 DISPUTES AMONG USERS

For disputes arising between Employers and Freelancers, you agree to abide by the dispute process that apply to your particular Service Contract. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Faith In Freelancers will not and is not obligated to provide any dispute assistance beyond what is provided in the our iInstructions. (Section 3.3)

If Freelancer or Employer intends to obtain an order from any arbitrator or any court that might direct Faith In Freelancers to take or refrain from taking any action, that party will (a) give us at least five business days’ prior notice of the hearing; (b) include in any such order a provision that, as a precondition to obligation affecting Faith In Freelancers, we be paid in full for any amounts to which we would otherwise be entitled; and (c) be paid for the reasonable value of the services to be rendered pursuant to such order.

3.3 DISPUTE PROCESS

We have the ability for both Employer and Freelancer to lodge a dispute. If you feel you have been treated unfairly or cheated out of a project, simply lodge a new dispute on your account dashboard. The steps taken are as follows and follow what the bible says in Matthew 18:15-17 

  1. Talk to each other, please approach the other party and speak about the issue. Make sure you approach with respect and honour. If this does not work, go to step 2
  2. Lodge an official dispute on our platform. We will read it and speak to both parties. If at this point one does not get back to us within 30 days, their side of the story will not be taken into account as evidence. 

3.4 CONFIDENTIAL INFORMATION

Users may agree to any terms they deem appropriate with respect to confidentiality, including those set forth in the Optional Service Contract Terms. If and to the extent that the Users do not articulate any different agreement, then they agree that this Section 3.3 (Confidentiality) applies.

To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.

3.5 THIRD-PARTY BENEFICIARIES

It is the intent of the Parties to this Agreement that Users who have entered into Service Contracts or disclosed or received Confidential Information to another User are third-party beneficiaries of this Agreement with respect to this Section 3 only.