www.hivesource.me


Terms Of Service

Last Updated March 2015

The Hivesource.me web site ("Site") contains content that is provided as a service to users who agree to abide by the following acceptable conduct terms. Your right to use the Site is governed by these Terms of Use and our Privacy Policy (collectively, "Terms") and you should take the time to review both carefully before you use the Site. By using the Site in any way, you are agreeing to comply with these Terms.
This document is a legal agreement between you, ("User", "You", "Your") and Hivesource.me also referred to as "Hivesource". These Terms and Conditions ("Agreement") sets forth the provisions under which the Users (Service Providers and Service Buyers) may register and use the web-site for the purpose of offering services or responding to solicitations for the acquisition of software solutions, services, and products, or for seeking the services of a Service Provider. We reserve the right to revise these terms of services and all the linked information from time to time in our sole discretion by updating this postings or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.


DEFINITIONS

Site(s):
Hivesource.me

Hivesourcing:
The process of finding a Service Provider to hire to work on a project AND / OR to order a Hivejob offered by said Service Provider.

Bid Requests:
Users of the site desiring to purchase customer services or solutions via a reverse auction make bid requests on the site to solicit bids from Service Providers.

Bids:
Anyone that places a bid on a project in an attempt to gain the opportunity to be hired for that project.

Hivejobs
: Fixed priced services that can be posted by Service Providers which can then be ordered by Service Buyers.

Service Buyer / Hivesourcer:
Individual (s) or a Company instigating a project in an effort to gain bids for same AND / OR ordering a Hivejob from the marketplace.

Service Provider / Freelancer:
Individual (s) or a Company providing a service for a project or Hivejob.


1. ELIGIBILITY
Hivesource.me offers its services to its Users, and is available only to corporate entities and persons 18 years of age and older who can form legally binding contracts under applicable law. Hivesource.me shall have absolute discretion as to whether or not we accept an applicant for participation in this service. Each User is responsible for what occurs on their account and must report any unauthorized use of their Account to us.


2. SCOPE
Upon completion of the Registration Form and after accepting the site Terms and Conditions, the Service Provider is authorized to respond to Bid Requests and post Hivejobs. Final content of all responses to Bid Request documents and/or Hivejob details are at the complete and sole discretion of the Service Provider. Hivesource reserves the editorial right to censor any responses that it feels are inappropriate. This is a master agreement between Service Provider and Hivesource and shall apply to all transactions and business conducted between the parties.


3. SERVICE PROVIDER’S OBLIGATIONS
Service Provider will provide solutions and/or quotations via Hivesource in response to Bid Requests posted on Hivesource’s website by Service Buyers.
Service Provider will also post Hivejobs for Service Buyers to order in the Marketplace of Hivesource’s website.
This Agreement shall govern the business relationship between Hivesource and Service Provider despite any different or conflicting terms and conditions in Service Provider’s forms or other documents.

Service Provider authorises
Hivesource to treat any person using Service Provider’s password pair (username and password), and any resulting transactions, obligations and liabilities as if Service Provider used the website and/or services itself.

Service Provider’s information
shall be true, accurate and up-to-date at all times. This includes, but is not limited to, information within a response to Bid Request documents, information concerning intellectual property ownership and rights thereto. Service Provider shall determine how intellectual property rights shall be transferred, if any, to Service Buyer. Service Provider is solely responsible for protecting its intellectual property rights, including works made for hire, and for negotiating all rights, title and interests therein with Service Buyers.

Service Provider agrees
to post bids for the entire project. Hourly bids are not allowed. This site is intended for commercial purposes only, therefore offering free services, or redirecting a Service Buyer to a site other than Hivesource to fulfil their needs is prohibited. Posting contact information including but not limited to phone #s, email addresses, Internet URL’s, Google Plus ids, ICQ ids, etc on bids, Hivejobs, private messages or an author’s profile is strictly prohibited. Violators of any of these terms can have all of their Hivesource accounts terminated, at the discretion of Hivesource.

Advance Payments.
Service Provider agrees not to ask for any ‘Advance Payments’ from Service Buyer. An advance payment is a risky transaction where the Service Buyer releases funds from his account prior to the delivery of the work (or percentage of work being accepted), is competed. Doing this completely circumvents and nullifies all the built-in Service Buyer protections of the Hivesource payment system, and may result in the Service Buyer losing part or all of their advance payment. Service Providers who go against the wishes of Hivesource and receive an advanced payment from the Service Buyer may have their credit account debited to facilitate a partial or complete refund of any advanced payment back to the Service Buyer. Additionally, Service Providers in violation of this rule may have their account suspended or terminated.

Third Party Work.
Service Provider is responsible for ensuring that all source codes, algorithms, ideas and/or any other item used to create their deliverables to the Service Buyer are completely of their own making. If the Service Provider wishes to use 3rd party items (including but not limited to 3rd party components, GNU licensed code, etc.), then the Service Provider agrees to first confer with the Service Buyer and:
Explain which items in the bid request the Service Provider wishes to use 3rd party items for, and which 3rd party items would be involved. This must be documented on the site via the site bidding system.
Explain to the Service Buyer the cost, copyright, distribution and licensing issues concerned with the use of such items. (For example, many Service Buyers do not want GNU licensed code in their deliverables once they understand the licensing issues involved therefore it needs to be explained to them what they would be receiving). This must be documented on the site via the site bidding system or Hivejob description page.
Have the Service Buyer confirm agreement, to the use of any 3rd party items which the two parties agree to. This must be documented on the site via the site bidding system or Hivejob description page.

Should arbitration occur
and the Service Provider does not follow these rules, Hivesource may immediately arbitrate in favour of the Service Buyer, as well as consider punitive actions against the Service Provider.

As Hivesource
provides its service in return for a Fee, the Service Provider agrees not to contact any Service Buyer outside of the site (by email, phone, etc.) before payment is made . Doing so can result in immediate account termination and expulsion, at the discretion of Hivesource.

The Service Provider shall not
be responsible for Hivesource’s transaction fees. However, in the event that Hivesource procures, or is the procuring cause of, a solution for Service Buyer’s Bid Request, and Service Buyer and Service Provider do not use Hivesource website or services to transact their business and/or use other means to transact their business, Service Provider shall be considered guilty of ‘fraud’. The Service Provider shall also be considered guilty of fraud should they find a Service Buyer in an ‘open auction’ and attempt to cheat Hivesource out of the ‘open auction’ fee by redirecting the Service Buyer to repost the auction as a cheaper auction such a ‘one-on-one’, even though the Service Buyer made full use of the open auction. In either case the Service Provider shall pay Hivesource a penalty fee in the amount of twenty-five percent (25%) of the amount paid to Service Provider. Such fees may be deducted from the Service Provider’s outstanding credits on the site, at Hivesource’s option. Hivesource reserves the right to terminate any Service Provider who circumvents the site in this manner.

The anonymous nature
of the Internet makes it possible for a Service Provider who has had their account involuntarily terminated (or who received unfavourable ratings on that account) to create another account on the site and resume transacting business on the site, against the will of Hivesource.me. Hivesource regularly monitors site profiles for this sort of action, and should the Service Provider be determined by Hivesource to have done this, they will forfeit the balance of all of their accounts, and all funds will be returned back to the original Service Buyer.

Service Provider understands
and agrees that Hivesource may be called upon by the Service Buyer, a third party, or a self-initiated investigation to audit the work that was performed. Service Provider agrees to make available to Hivesource all work material related to the questioned bid requests. Hivesource agrees not to copy, acquire, sell, barter, trade, or use this work material in any manner other than to verify that work was performed as contracted. If a non-disclosure is required by the Service Buyer to view the work, Hivesource and the Service Buyer will make all reasonable arrangements.

Should a Service Buyer dispute delivery,
Service Provider agrees to upload the entire and complete deliverables at the time of work (or each stage) completion. Should a Service Provider choose not to do so (despite this agreement) and the Service Buyer disputes delivery, Service Provider agrees that they, not Hivesource, will be liable for the entire amount. Hivesource will deduct all such disputed monies from the Service Provider’s account. If the Service Provider’s account is insufficient to cover the funds the Service Provider will be asked to cover the remainder from their personal funds. If Service Provider cannot or will not cover the remainder from their private funds, Hivesource may pursue all and any means at its disposal to collect the funds including prosecution.


4. PROJECT AND HIVEJOB POSTING
All projects and Hivejobs posted must be in English. Project and Hivejob postings must be of a professional nature and accurately describe the Services requested (Project) or offered (Hivejob). They should be free of offensive language. Job postings may not request any service that is illegal or violates intellectual property rights, copyrights or the terms of service of another service, product or website.


5. ACCEPTANCE & PAYMENT
Upon Service Buyer’s receipt and acceptance of Service Provider’s service or product, they will promptly indicate acceptance via the web site. Upon acceptance, Hivesource shall credit the Service Provider’s account with the final amount, minus the Hivesource Hivejob Fee which is a percentage of the amount of the Hivejob. This percentage depends on the membership level chosen. In the case of Projects, no commission fees are charged by Hivesource at any membership level.
Should there be any dispute regarding acceptance, both Service Provider and Service Buyer designate Hivesource as the final binding authority and arbiter of the dispute, and agree to abide by its decision. Payments will be accepted via PayPal.

Accounts and Currency.
All payment amounts are represented in USD currency. Hivesource.me reserves the right to suspend a transaction 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 situation of fraudulent payment a withdrawal has already been processed, you will be expected to return the funds to your Hivesource.me account or face account termination and any other remedies available to Hivesource to recover the funds.


6. TAXES
Hivesource does not collect taxes, duties, fees or other governmentally imposed excises, so Service Provider and Service Buyer agree to assume their respective responsibilities under the law.


7. USER RESTRICTIONS

The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.


Advertising. Users are prohibited from advertising a website on the Site. Any URL posted in a bid, project description, or the message board, must relate to a project on Hivesource.me. An example of a permissible URL would be a User's portfolio or resume page.


Bidding. Service Providers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This also applies to Service Buyers. Service Buyers cannot create projects that directly or indirectly require Service Providers to place hourly or other abnormal bids.


Service Buyer. The Service Buyer agrees that:

  • The Service Buyer is strictly forbidden from redistributing any of the content of the Site, including but not necessary limited to private messages, documents, and support tickets.
  • The Service Buyer will not use the Service Buyer's Account to post false or misleading project descriptions.
  • The Service Buyer will not post project descriptions that, in the judgment and discretion of Hivesource.me, are inappropriate to the Hivesource.me audience, viewers, or visitors in the judgment and discretion of Hivesource.me.
  • The Service Buyer agrees to pay the featured project fee if project posted should have been posted as featured.
  • The Service Buyer agrees to pay the sealed project fee if project posted should have been posted as sealed.
  • The Service Buyer agrees to pay the hidden project fee if project posted should have been posted as hidden.
  • The Service Buyer agrees to pay the urgent project fee if project posted should have been posted as urgent.
  • The Service Buyer will not falsify the Service Buyer's own or any other identity.
  • The Service Buyer will comply with all of Hivesource’s policies as posted on the Site from time to time.

Service Provider. The Service Provider agrees that:

  • The Service Provider will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents, and support tickets.
  • The Service Provider will not falsify Service Provider's own or any other identity.
  • The Service Provider will comply with all Hivesource’s policies as posted on the Site from time to time.

General restrictions. Users agree that:

  • Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of Hivesource.
  • Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
  • Users will not contact Service Buyers or Service Providers through the Site or through information gained from our Site with the intent of subverting them from using our Services.
  • Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
  • Users will not create multiple user Accounts to avoid fees, suspension or bad ratings on the Site.



8. TRADEMARKS AND CONFIDENTIAL INFORMATION

Trademarks.
Hivesource may use Service Buyer’s Trademarks in Bid Requests, or related documentation. Hivesource’s or Service Provider’s use of Trademarks shall be consistent with proper trademark usage. Neither party grants to the other any right, title, or interest in any Trademarks except as provided in this Section.

Access to and Use of Confidential Information.
A party receiving Confidential Information agrees (i) that it is claimed to be a trade secret of the other party, (ii) not to disclose or use any of such Confidential Information for any purpose except as necessary and consistent with the terms of this Agreement, (iii) to limit the use of and access to such Confidential Information to only those employees who have a need to know, and (iv) that it will immediately notify the other party in writing of any unauthorized disclosures and/or use thereof. Such notice shall include a detailed description of the circumstances of the unauthorized disclosure or use and the parties.

Exclusions.
A party shall have no obligation as to Confidential Information that (i) is provided in a tangible form and not labelled as confidential or proprietary, or if provided orally, not designated as confidential or proprietary at the time of disclosure, (ii) is known to the receiving party at the time of disclosure, as evidenced by documentation in the receiving party’s possession at the time of such disclosure, (iii) is independently developed by the receiving party (provided the receiving party can show that such development was accomplished by or for the receiving party without the use of or any reference to Confidential Information), (iv) becomes rightfully known to the receiving party from another source without confidentiality restrictions, (v) is or becomes part of the public domain through no wrongful act of the receiving party, or (vi) is furnished by the disclosing party to a third party without confidentiality restrictions. A receiving party may disclose Confidential Information pursuant to a competently authorized judicial or governmental request, requirement or order, provided that the receiving party takes reasonable steps to give the disclosing party sufficient notice to contest such request, requirement or order and/or to seek a protective order.

Return of Confidential Information.
In any event of termination or expiration of this Agreement, each party will, within five (5) business days return to the other party such party’s Confidential Information.


9. INTELLECTUAL PROPERTY INFRINGEMENT INDEMNITY
Infringement Claims. Service Provider will defend and hold Hivesource harmless in any suit or proceeding based on a claim that any equipment, products or services transacted under this Agreement, constitutes infringement of any copyright, patent or trademark. Service Provider will pay all settlements or damages awarded against Hivesource, provided that Hivesource (i) informs Service Provider of such suit or proceeding in writing and within thirty (30) days of actual notice of a claim, and provides Service Provider with all related information, (ii) grants Service Provider the authority to settle or litigate such suit or proceeding, and (iii) provides all necessary assistance to Service Provider.


10. LIMITATION OF LIABILITY; INDEMNITY
IN NO EVENT SHALL HIVESOURCE BE LIABLE TO SERVICE BUYER’S, SERVICE PROVIDER’S, OR ANY OTHER PERSON FOR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE COST OF COVER, LOSS OF PROFIT, USE, SAVINGS OR REVENUE, OR THE CLAIMS OF THIRD PARTIES, WHETHER OR NOT HIVESOURCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification by Service Provider.
Service Provider shall indemnify, defend (with counsel approved in writing by Hivesource) and hold Hivesource, its officers, directors, shareholders, employees, insurers, attorneys, successors and assigns harmless against any and all claims for cost, damage, expense (including reasonable attorneys’ fees) or liability arising out of or related to the acts or omissions of Service Provider, its employees, representatives or agents.


11. DEFAULT AND TERMINATION

Default.
Should the Service Provider default, their account may be terminated by Hivesource. Service Provider shall be considered to have defaulted under the Agreement for any failure to perform its obligations to Service Buyer under any Bid request awarded to Service Provider and/or if Hivesource discovers any material misrepresentation or omission that Service Provider has made in this Agreement or its Registration. In the case of either party, the failure by such party to observe or perform any material covenant or obligation under this Agreement shall constitute default. Service Provider may also be considered in default if they violate the site terms of service, or if their service to Service Buyers is poor (defined as receiving 2 or more below average ratings and/or complaints).

Consequences of termination. In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from Hivesource.

Without limiting Hivesource’s other remedies, to the extent you are in violation of this User Agreement, you must pay Hivesource for all fees owed to us and reimburse us for all losses and costs (including any and all Hivesource employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You and Hivesource agree that the damages that Hivesource will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then Hivesource may fine you up to US$4,000.00 for each such violation and/or Hivesource may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to US$4,000.00 is presently a reasonable pre-estimate or minimum estimate of Hivesource’s damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to Hivesource that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.

You agree that Hivesource is entitled to deduct such charges directly from any existing balance in the offending Account, or any other Hivesource Account owned by you. Users that are terminated by Hivesource on any basis other than violation of this User Agreement will be entitled to receive any payment due from Hivesource.me.

In the event of termination, you will have no claim whatsoever against Hivesource.me in respect of any such suspension or termination of your membership.

Survival. The parties’ obligations under Sections 7, 8, 9 and 10 shall survive any termination and/or expiration of this Agreement.


12. GENERAL

Relationship of the Parties.
This Agreement does not create a franchise, joint venture or partnership between the parties. Neither party hereunder is the agent, broker, partner, employee, or legal representative of the other for any purpose, except that Hivesource is the agent for Service Provider and Service Buyer in bringing the two, or more, parties together using Hivesource website. Hivesource shall act as a fiduciary for Service Buyer and Service Providers for the limited purpose of collecting and disbursing funds. For all other purposes, the parties are independent contractors.

Excused Performance.
Neither party shall be liable for failure to perform its obligations under this Agreement for causes beyond its reasonable control.

No Waiver.
The failure of either party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party to thereafter enforce any such provision.

Unenforceable Provisions.
If any term of this Agreement is found to be illegal or unenforceable, the remaining portions of this Agreement shall remain in effect, provided that the parties agree to negotiate in good faith substitute enforceable terms.

Modifications; Special Agreements; Entire Agreement.
Note that Hivesource reserves the right from time to time to amend, modify or change this agreement. When this happens, Hivesource shall notate the new information clearly and post a notice in the ‘blog’ section of the site about the update, email notice will not always be given. Additionally, due to the financial costs associated with written notices…written notice will not always be given. If you are interested in keeping abreast of the latest changes to this agreement, then please bookmark this page and review it from time to time, or monitor the ‘blog’ section of the site.

IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY PROVIDING NOTICE TO US. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Should Hivesource and the Service Provider come to a special understanding not outlined in this agreement it will be laid out in writing and signed by both parties.

This Agreement is the entire understanding between Service Provider, Service Buyer and Hivesource with respect to the subject matter of this Agreement, and supersedes all (i) proposals, oral or written, (ii) negotiations, conversations or discussions between the parties and (iii) industry custom or past course of dealing, relating to the subject matter.