This agreement sets out the terms and conditions ('Terms and Conditions') applicable to members of the service operated by Phpworkplace.com. Clients and Freelancers(referred to as 'members') must agree to the following Terms and Conditions. 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 Phpworkplace, Phpworkplace 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 Phpworkplace.
Phpworkplace.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
Phpworkplace.com reserves the right to terminate the participation of any member or site without reason but expressly including any member site that Phpworkplace judges to be in violation of the Terms and Conditions.
Members in violation of Phpworkplace' Terms and Conditions will be immediately deactivated. Phpworkplace may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from Phpworkplace. Members that are terminated by Phpworkplace on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from Phpworkplace.
PAYMENTS Revised on 25th Dec 2012
Phpworkplace will typically print and mail cheques if the member requests it AND their account balance is equal to or greater than US$10. This also applies to payments made through the PayPal service. 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. Phpworkplace 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 Phpworkplace account or face account termination.
As previously stated, any member site that Phpworkplace removes from the service due to violation of the Terms and Conditions will receive no credit or payment.
Phpworkplace offers members with an advanced, non-compulsory, free of charge work-phase payment method to help projects get completed smoothly.
Phpworkplace operate an Milestone service. The work-phase payment just gives facilities for an advance payment through which Clients can set aside a specific amount of money on Phpworkplace for a Provider who shall or is undertaking buyer’s project posted on the marketplace. Upon completion of work (or work phase), it is at buyer's whole responsibility to verify that he has received what he has asked for, and release these funds at his discretion. If the project is cancelled amicably, the Provider can deny the work-phase payment and the money will return to the Buyer's account. If there are any disputes over a project, the Phpworkplace staff must be contacted before any money can be moved from the work-phase account.
Full refund to the sender with regard to work-phase payment shall be made if:
(i) Phpworkplace fails to receive any instruction from the sender with regard to such work-phase Payment within 365 days from the date the Work-phase Payment is made, or
(ii) The sender does not log in during that time period.
After coding is completed, Provider agrees to send the entire and complete deliverables at the time of work completion (or each milestone's completion) to a location specified by both Buyer and Provider in the Project Agreement. Buyer assumes complete and sole responsibility for timely and adequate testing to determine whether or not the deliverables are 100% accepted or partially satisfactory (if Buyer and Provider pre-agreed upon partial milestones). Buyer agrees that any advance payment (if any) before final deliverables acceptance is regarded as high risk activity and can result in a loss of funds for the Buyer. Should the Buyer not approve 100% deliverables, then Buyer agrees to notify the Provider the problem in a timely basis so that it can be resolved. Should any dispute arise from either Buyer and Provider regarding acceptance, both Provider and Buyer agree to abide by the Phpworkplace rules in dispute resolution.
A deadline for delivery of the deliverables is set in the bid submitted by provider or otherwise stipulated in Project Agreement which is agreed by both Buyer and Provider. If the delivery schedule indicates "due in # of days", then the delivery date is deemed to be the # of days (24 hours periods) from the time Project Agreement is accepted by Buyer and Provider. Buyer and Provider agree to fulfill all terms and conditions specified in Project Agreement so that work can begin. The Freelancer agrees to deliver 100% of agreed upon deliverables to the Buyer on or before the delivery deadline. In certain cases, delivery deadline might be negotiated via Private Message system. If so, then the deadline must be mutually agreed upon by both Buyer and Provider. Should there be any dispute over anything regarding the deadline, the final determination will be given at Phpworkplace's sole discretion per the rules of dispute resolution.
Should the Provider expect additional time for completing agreed upon deliverables and feels that the extension might be accepted, then the Provider should negotiate the change with the Buyer as soon as possible. If the Provider fails to receive Buyer's acceptance, then the original deadline remains unchanged.
CHARGEBACK (RETURN POLICY)
Phpworkplace reserves the right to require for reimbursement from you as a Provider/Buyer if Phpworkplace detects erroneous or duplicate transactions, or Phpworkplace receives a charge-back from any Provider/Buyer's credit card issuer or PayPal for any reason. Phpworkplace may seek reimbursement by charging Provider/Buyer's account, deducting amounts from future payments owed to the Freelancer/Buyer, charging such Provider/Buyer's credit card, or by pursuing whatever lawful means become necessary to secure repayment. Failure to pay for reimbursements of charge-backs is cause for termination of Service.
COPYRIGHTS No copyright material can be posted on Phpworkplace. This includes scripts which are sold by the author. Only posting sections of these scripts, as examples, will be permitted. A "section" being no more than 10% of the script's contents. This is meant to protect the author's rights..