Section 6 discusses your agreement to pay Freelancer Service Fees on Service Contracts, what happens if an Employer doesn’t pay, and related topics, as detailed below.
Faith in Freelancers provide a service on this Website which allows controlled payments to be made with respect to a service, called Milestone Payments.
Subject to the User Contract, the Employer can make a Milestone Payment subject, which will be locked from the Buyer’s Account and cannot be claimed by the Freelancer until:
- the Employer and Freelancer agree that the funds can be claimed by the Freelancer ;
- if there is a dispute, the Employer and Freelancer have concluded the Dispute Resolution Process and the Dispute is resolved in the Freelancers favour;
- the Employer instructs us to pay a Freelancer for services performed by the Freelancer in respect of a Project or Contest; or
- the Employer acknowledges that the Freelancer has completed the services fully and satisfactory.
- If an Employer does not approve of the Freelancers work product, the parties may elect to resolve the issue under the Dispute Resolution Process.
If we have not received any instructions or dispute from an Employer or Freelancer in respect of a Milestone Payment within six months or any other reasonable length of time after the day that the Milestone Payment was paid and the Employer has not logged into their Account during that time, the Milestone Payment will be unlocked and released back to the Employer.
If Employer is in “default”, meaning the Employer fails to pay the Freelancer Fees or any other amounts when due under the Terms of Service, or a written agreement for payment terms incorporating the Terms of Service (signed by an authorized representative of Faith In Freelancers), Faith In Freelancers will be entitled to the remedies described in this Section 6.4 in addition to such other remedies that may be available under applicable law or in such written agreement. For the avoidance of doubt, Employer will be deemed to be in default on the earliest occurrence of any of the following: (a) Employer fails to pay the Freelancer Fees when due, (b) Employer fails to pay a balance that is due or to bring, within a reasonable period of time but no more than 30 days, an account current after a credit or debit card is declined or expires, (c) Employer fails to pay an invoice issued to the Employer by Faith In Freelancers within the time period agreed or, if none, within 30 days, (d) Employer initiates a chargeback with a bank or other financial institution resulting in a charge made by Faith In Freelancers for Freelancer Fees or such other amount due being reversed to the Employer, or (e) Employer takes other actions or fails to take any action that results in a negative or past-due balance on the Employers account.
If Employer is in default, we may, without notice, temporarily or permanently close Employers Account and revoke Employers access to the Site and Site Services, including Employers authority to use the Site to process any additional payments, enter into Service Contracts, or obtain any additional Freelancer Services from other Users through the Site. However, Employer will remain responsible for any amounts that accrue on any open Projects at the time a limitation is put on the Employers Account as a result of the default. Without limiting other available remedies, Employer must pay Faith In Freelancers upon demand for any amounts owed, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
At our discretion and to the extent permitted by applicable law, Faith In Freelancers or its Affiliates, may, without notice, charge all or a portion of the amount that is owed to any Payment Method on file on the Employers Account; set off amounts due against other amounts received from Employer or held by for Employer by Faith In Freelancers, Faith In Freelancers or another Affiliate; make appropriate reports to credit reporting agencies and law enforcement authorities; and cooperate with credit reporting agencies and law enforcement authorities in any investigation or prosecution.
6.3 NO RETURN OF FUNDS
Employer acknowledges and agrees that Faith In Freelancers or its Affiliates will charge Employers designated Payment Method for the Freelancer Fees incurred as described in the applicable Instructions and the Fee and ACH Authorization Agreement and that once Faith In Freelancers or its Affiliates charges or debits the Employers designated Payment Method for the Freelancer Fees, the charge or debit is non-refundable, except as otherwise required by applicable law. Employer also acknowledges and agrees that the Terms of Service provide a dispute resolution process as a way for Employer resolve disputes. To the extent permitted by applicable law, Employer therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any Freelancer Fees or other fees charged pursuant to the Terms of Service for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Terms of Service. If Employer initiates a chargeback in violation of this Agreement, the Employer agrees that Faith In Freelancers or its Affiliates may dispute or appeal the chargeback and institute collection action against Employer and take such other action it deems appropriate.
6.4 PAYMENT METHODS
In order to use certain Site Services, Employer must provide account information for at least one valid Payment Method.
By providing Payment Method information through the Site and authorizing payments with the Payment Method, Employer represents, warrants, and covenants that: (a) Employer is legally authorized to provide such information; (b) Employer is legally authorized to make payments using the Payment Method(s); (c) if Employer is an employee or agent of a company or person that owns the Payment Method, that Employer is authorized by the company or person to use the Payment Method to make payments on Faith In Freelancers; and (d) such actions do not violate the terms and conditions applicable to Employers use of such Payment Method(s) or applicable law. When Employer authorizes a payment using a Payment Method via the Site, Employer represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Employers Payment Method(s), Employer is solely responsible for paying such amounts by other means.
Because the use of any Payment Method may be limited by applicable law or by written agreement with your financial institution, Faith In Freelancers is not liable to any User if Faith In Freelancers does not complete a transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Faith In Freelancers will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with this Agreement and any applicable Escrow Instructions.
6.5 U.S. DOLLARS AND FOREIGN CURRENCY CONVERSION
The Site and the Site Services operate in U.S. Dollars. If a User’s Payment Method is denominated in a currency other than U.S. Dollars and requires currency conversion to make or receive payments in U.S. Dollars, the Site may display foreign currency conversion rates that Faith In Freelancers or our Affiliates currently make available to convert supported foreign currencies to U.S. Dollars. These foreign currency conversion rates adjust regularly based on market conditions. Please note that the wholesale currency conversion rates at which we or our Affiliates obtain foreign currency will usually be different than the foreign currency conversion rates offered on the Site. Each User, at its sole discretion and risk, may authorize the charge, debit, or credit of its Payment Method in a supported foreign currency and the conversion of the payment to U.S. Dollars at the foreign currency conversion rate displayed on the Site. A list of supported foreign currencies is available on the Site. If foreign currency conversion is required to make a payment in U.S. Dollars and Faith In Freelancers or its Affiliates as applicable, does not support the foreign currency or the User does not authorize the conversion of such payment at the foreign currency conversion rate displayed on the Site, Faith In Freelancers or one of our Affiliates will charge, debit, or credit the User’s Payment Method in U.S. Dollars and the User’s Payment Method provider will convert the payment at a foreign currency conversion rate selected by the User’s Payment Method provider. The User’s Payment Method provider may also charge fees directly to the Payment Method even when no currency conversion is involved. The User’s authorization of a payment using a foreign currency conversion rate displayed on the Site is at the User’s sole risk. Faith In Freelancers and our Affiliates are not responsible for currency fluctuations that occur when billing or crediting a Payment Method denominated in a currency other than U.S. Dollars. Faith In Freelancers and our Affiliates are not responsible for currency fluctuations that occur when receiving or sending payments to and from your Account.