Section 2 discusses what Faith In Freelancers does and does not do when providing the Site and Site Services and some of your responsibilities when using the Site to find or enter into a Service Contract with a Freelancer or Employer, as detailed below.
The Site is a marketplace where Employers and Christian Freelancers can identify each other and advertise, buy, and sell Freelancer Services online. Subject to the Terms of Service, Faith In Freelancers provides the Site Services to Users, including hosting and maintaining the Site, facilitating the formation of Service Contracts, and assisting Users in resolving disputes which may arise in connection with those Service Contracts. When a User enters a Service Contract, the User uses the Site to invoice and pay any amounts owed under the Service Contract.
2.1 OVERALL PURPOSE OF THE SITE
The purpose of the website is to ultimately further the Kingdom of God. How do we do this? To create economic potential for freelancers and for employers to get a good service and not get ripped off. Maybe you are part of a church plant in a country of economic strain, you can generate wage to tithe into your local church – this can help to pay for staff and ultimately provide more resources for the church to spread the good news of Jesus.
2.2 RELATIONSHIP WITH FAITH IN FREELANCERS
Faith In Freelancers merely makes the Site and Site Services available to enable Freelancers and Employers to find and transact directly with each other. Faith In Freelancers does not introduce Freelancers to Employers, find Projects for Freelancers, or find Freelancers for Employers. Through the Site and Site Services, Freelancers may be notified of Employers that may be seeking the services they offer, and Employers may be notified of Freelancers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Project, Employer or Freelancer on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and Faith In Freelancers is not a party to that Service Contract.
You acknowledge, agree, and understand that Faith In Freelancers is not a party to the relationship or any dealings between the Employer and Freelancer. Without limitation, Users are solely responsible for (a) ensuring the accuracy and legality of any User Content, (b) determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions), (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts, (d) performing Freelancer Services, or (e) paying for Service Contracts or Freelancer Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User, including Composite Information (defined below). Faith In Freelancers does not make any representations about or guarantee the truth or accuracy of any Freelancer’s or Employer’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Freelancers or Employers; and does not vet or otherwise perform background checks on Freelancers or Employers. You acknowledge, agree, and understand that Faith In Freelancers does not, in any way, supervise, direct, control, or evaluate Freelancers or their work and is not responsible for any Project, Project terms or Work Product. Faith In Freelancers makes no representations about and does not guarantee, and you agree not to hold Faith In Freelancers responsible for, the quality, safety, or legality of Freelancer Services; the qualifications, background, or identities of Users; the ability of Freelancers to deliver Freelancer Services; the ability of Employers to pay for Freelancer Services; User Content, statements or posts made by Users; or the ability or willingness of an Employer or Freelancer to actually complete a transaction.
You also acknowledge, agree, and understand that Freelancers are solely responsible for determining, and have the sole right to determine, which Projects to accept; the time, place, manner, and means of providing any Freelancer Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of Faith In Freelancers, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) Faith In Freelancers will not have any liability or obligations under or related to Service Contracts and/or Freelancer Services for any acts or omissions by you or other Users; (iii) Faith In Freelancers does not, in any way, supervise, direct, or control any Freelancer or Freelancer Services; does not impose quality standards or a deadline for completion of any Freelancer Services; and does not dictate the performance, methods or process Freelancer uses to perform services; (iv) Freelancer is free to determine when and if to perform Freelancer Services, including the days worked and time periods of work, and Faith In Freelancers does not set or have any control over Freelancer’s pricing, work hours, work schedules, or work location, nor is Faith In Freelancers involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Freelancer for a Project; (v) Freelancer will be paid at such times and amounts as agreed with an Employer in a given Service Contract, and Faith In Freelancers does not, in any way, provide or guarantee Freelancer a regular salary or any minimum, regular payment; (vi) Faith In Freelancers does not provide Freelancers with training or any equipment, labor, tools, or materials related to any Service Contract; and (vii) Faith In Freelancers does not provide the premises at which Freelancers will perform the work. Freelancers are free to use subcontractors or employees to perform Freelancer Services and may delegate work on fixed-price contracts or by agreeing with their Employers to have hourly contracts for Freelancer’s subcontractor(s) or employee(s). If a Freelancer uses subcontractors or employees, Freelancer further agrees and acknowledges that this paragraph applies to Faith In Freelancers relationship, if any, with Freelancer’s subcontractors and employees as well and Freelancer is solely responsible for Freelancer’s subcontractors and employees.
Without limiting the foregoing paragraph, if you are an Agency or Agency Member, you expressly acknowledge, agree, and understand that: (1) the Agency is solely responsible for paying its Agency Members for work performed on behalf of the Agency and that such payments will not be made through the Site; (2) Faith In Freelancers is not a party to any agreement between the Agency and its Agency Members and does not have any liability or obligations under or related to any such agreement, even if the Agency or Agency Member defaults; (3) neither Agencies nor Agency Members are employees or agents of Faith In Freelancers; (4) Faith In Freelancers does not, in any way, supervise, direct, or control the Agency or Agency Members; (5) Faith In Freelancers does not set Agencies’ or Agency Members’ contract terms amongst themselves or with Employers (including determining whether the contract will be hourly or fixed price), fees, pricing, work hours, work schedules, or location of work; (6) Faith In Freelancers does not provide Agencies or Agency Members with training or any equipment, labor, tools, or materials needed for any Service Contract; (7) Faith In Freelancers does not provide the premises at which the Agency or Agency Members will perform the work; and (8) Faith In Freelancers makes no representations as to the reliability, capability, or qualifications of any Agency or Agency Member or the ability or willingness of any Agency to make payments to or fulfill any other obligations to Agency Members, and Faith In Freelancers disclaims any and all liability relating thereto.
Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose, provided, if applicable, Users comply with the Opt Out provisions described in Section 7. Users are free at all times to engage in such other business activities and services and are encouraged to do so.
2.3 TAXES AND BENEFITS
Freelancer acknowledges and agrees that Freelancer is solely responsible (a) for all tax liability associated with payments received from Freelancer’s Employers and through Faith In Freelancers, and that Faith In Freelancers will not withhold any taxes from payments to Freelancer; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Freelancer is not covered by or eligible for any insurance from Faith In Freelancers; (c) for determining whether Freelancer is required by applicable law to issue any particular invoices for the Freelancer Fees and for issuing any invoices so required; (d) for determining whether Freelancer is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Freelancer Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if Faith In Freelancers is required by applicable law to withhold any amount of the Freelancer Fees and for notifying Faith In Freelancers of any such requirement and indemnifying Faith In Freelancers for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Faith In Freelancers, Freelancer agrees to promptly cooperate with Faith In Freelancers and provide copies of Freelancer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Freelancer is engaging in an independent business as represented to Faith In Freelancers.
2.4 MARKETPLACE FEEDBACK AND USER CONTENT
You hereby acknowledge and agree that Users publish and request Faith In Freelancers to publish on their behalf information on the Site about the User, such as feedback, composite feedback, geographical location, or verification of identity or credentials. However, such information is based solely on unverified data that Freelancers or Employers voluntarily submit to Faith In Freelancers and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Faith In Freelancers; Faith In Freelancers provides such information solely for the convenience of Users.
You acknowledge and agree that User feedback benefits the marketplace, all Users, and the efficiency of the Site and you specifically request that Faith In Freelancers post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you, including your Job Success Score, wherever referenced, and other User Content highlighted by Faith In Freelancers on the Site or otherwise (“Composite Information”), if any, will include User comments, User ratings, indicators of User satisfaction, and other feedback left exclusively by other Users. You further acknowledge and agree that Faith In Freelancers will make Composite Information available to other Users, including composite or compiled feedback. Faith In Freelancers provides its feedback system as a means through which Users can share their opinions of other Users publicly, and Faith In Freelancers does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the business advertised in the Profile and not to any individual person. You agree not to use the Composite Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
Faith In Freelancers does not generally investigate any remarks posted by Users or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory. Faith In Freelancers is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Faith In Freelancers reserves the right (but is under no obligation) to remove posted feedback or information that, in Faith In Freelancers sole judgment, violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Faith In Freelancers. You acknowledge and agree that you will notify Faith In Freelancers of any error or inaccurate statement in your feedback results, including the Composite Information, and that if you do not do so, Faith In Freelancers may rely on the accuracy of such information.