Termes des services

1. Purpose of this document

These general terms of use govern access to and use of the web page located on the domain https://www.freelancy.co (hereinafter, the “Website“), the sub-domains of Freelancy https://freelancy.tn, and https://freelancy.co, and the corresponding software and services (hereinafter, together with the Website, the “Freelancy Platform“).

The Freelancy Platform belongs to Freelancy développement SARL, a company duly incorporated under Tunisian law (hereinafter, “Freelancy”), whose domicile is located at 6 Rue Du Lac Toba, Les Berges Du Lac, Tunis (Tunisia).

Access to and use of the Platform will also be governed by the information, guidelines and policies made available on the Site, including, but not limited to, Freelancy’s Privacy Policy, Legal Notice and/or Cookie Policies, which can be viewed in the Privacy Policy section of the Site. In the event of any conflict between these Terms of Use and the Site, the former shall prevail.

2. User, Clients and Service Providers

Any person who accesses the Freelancy Platform (hereinafter, the “User“) accepts and agrees that by using it he is bound by these general conditions of use. If the User does not accept these terms of use in their entirety, he/she will not be able to access or use the Freelancy Platform. The mere use of the web page confers the status of User and implies full acceptance of these conditions. If these general conditions of use are concluded on behalf of a legal entity, the user declares and guarantees that he has the capacity to bind this legal entity by this subscription or acceptance. In this case, the term “User” refers to this legal entity.

Users may include persons (natural or legal) wishing to promote the development of mobile applications, software, web platforms or any other project related to information technology and the digital world in general (hereinafter, the “Digital Project“) who, insofar as they sign the corresponding service contract with Freelancy, will be considered as “Clients” according to these general conditions of use. Under this condition, in addition to these general terms and conditions of use, the rights and obligations provided for in the service contract to be signed with Freelancy will apply to the Clients.

Similarly, there may be professionals wishing to provide the services necessary for the development of these Digital Projects on behalf of Clients who, after passing Freelancy’s validation and certification process and signing the corresponding service provision contract with Freelancy, will be considered “Service Providers“. In this condition, in addition to these general terms of use, the rights and obligations provided for in the general terms of the contract and in the relevant special agreements, which are available in the space of the Freelancy Platform specifically empowered for this purpose in the “Professionals” section, will be applicable to Service Providers.

3. The Freelancy Platform

Freelancy has created a digital marketplace to connect potential Clients and potential Service Providers, channeling the demand for professionals and projects from both, as the case may be, through the certification, mediation, exchange, coordination and follow-up services provided by Freelancy throughout the process through the Freelancy Platform.

In accordance with the provisions of paragraph 2 above, once the Service Provider who will develop the Digital Project on behalf of a given Client has been defined, the business relationship of Clients and Service Providers with Freelancy will be governed by the provisions of the respective service provision agreements that Clients and Service Providers sign with Freelancy (in which, inter alia, aspects such as the scope of the services provided, the obligations of the parties, payments, acceptance of the Digital Project, possible liabilities, performance, intellectual property, jurisdiction etc. will be regulated, without prejudice to the present general conditions of use that may apply).

4. Basic rules for using the Freelancy Platform

4.1 Misuse

Freelancy expects all Users to exercise courtesy, respect and professionalism, and common sense when posting information, comments or other content referring to other Users, Freelancy or third parties anywhere on the Freelancy Platform.

Users may be held liable for damages and prejudice suffered by other Users, Freelancy or third parties as a result of comments, statements or other information or content published on the Platform that constitute an insult or may give rise to legal proceedings.

All Users must comply fully with the regulations that apply to their activities, as well as with all Freelancy policies published and included in these terms and conditions of use by reference or cross-reference, without prejudice to any changes that may be made in Freelancy’s opinion.

It is prohibited to use the Freelancy Platform to publish :

  1. any material that is or may be unlawful, false, subversive, threatening, libelous, invasive of privacy, abusive, defamatory, obscene, pornographic, hateful, ethnically or racially offensive, or that in any way constitutes or encourages conduct that would be considered a criminal offense, violate the rights of any party or give rise to liability of any kind;
  2. any material or content that infringes, misappropriates or violates the rights of third parties, including, but not limited to, copyrights, trademarks, patent rights or other proprietary rights of third parties;
  3. any content consisting of promoting, advertising or publicizing any type of commercial activity (obviously different from that performed by Freelancy through the Freelancy Platform);
  4. any prevarication or misrepresentation that could cause damage and harm to Freelancy, Users or third parties;
  5. any private information about another person or entity that is disseminated without the permission of that person or entity;
  6. any form of impersonation of another natural or legal person, or the representation of oneself as a natural or legal person associated with Freelancy, Freelancy staff or other professionals in the sector;
  7. any form of request for a user’s password or other account information;
  8. any form of collection of User names, physical addresses or e-mail addresses for any purpose; or
  9. any virus, computer program or technological means whose purpose is to interrupt, damage or disrupt the use of computers or similar systems.

Therefore, the User undertakes to use the Freelancy Platform only for purposes permitted by law and not for activities of an immoral or harmful nature.

In this sense, the User also agrees to:

  1. not to access (or attempt to access) the Freelancy Platform by any means other than the interface provided;
  2. not to use the information on the Freelancy Platform for purposes other than those for which it was made available;
  3. not to engage in activities that interfere with or disrupt the operation of the Freelancy Platform;
  4. Do not upload or attach an invalid, malicious or unknown file;
  5. not to insert any external link that could be, in its opinion, malicious or unrecognized, or whose purpose is to offer goods or services unrelated to the services of Freelancy.
  6. not attempt to access or search the Platform or download content from the Platform using any engine, software, tool, agent, device or mechanism (such as, but not limited to: spiders, bots, trackers, data mining tools or the like) other than the software and/or search agents provided by Freelancy or other commonly used third party web browsers;
  7. not to access, manipulate or use non-public parts of the Freelancy Platform, Freelancy’s computer systems or the technical delivery systems of Freelancy’s suppliers;
  8. not to collect or use information such as, for example, usernames and real names of other users or e-mail addresses, available through the Freelancy Platform, to send any type of unsolicited advertising, junk mail, spam or other forms of promotion;
  9. not to use the Freelancy Platform for commercial purposes, for the benefit of third parties or in any way that is not provided for in these general terms of use;
  10. not violate any applicable laws or regulations; or
  11.  not advocate, encourage or assist any other person to do any of the above. Freelancy reserves the right to investigate and take legal action in the event of a breach of any of the above obligations and/or to seek the assistance of and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.

4.2 Exemption from liability in case of misuse of the Freelancy Platform

In accordance with the provisions of paragraph 4.2 above, Freelancy shall not be liable for any comments, information or other content published or made available on the Freelancy Platform by a User or a third party.

Similarly, Freelancy is not responsible for the accuracy or reliability of the content, nor is it responsible for censoring or monitoring the content to ensure its accuracy or reliability.

However, Freelancy reserves the right to cease or restrict access to any information or content published or made available on the Freelancy Platform, if required to do so by the competent public authority or if Freelancy considers that such information or content does not comply with these General Terms of Use.

5. First steps

5.1 Eligibility

The Freelancy Platform is only accessible to legal entities and natural persons of legal age who, in both cases, have the right to enter into legally binding contracts under the applicable law.

Users agree that they are not (a) citizens or residents of any country in which the use of or participation in Platforms such as the Freelancy Platform is prohibited by law, decree, regulation, treaty or administrative act; nor (b) citizens or residents of any country or territory subject to sanctions or embargoes by Tunisia, or located in such country or territory.

Without prejudice to the foregoing, Freelancy states, for the avoidance of doubt, that Users who intend to become Service Providers for a given Digital Project must successfully complete Freelancy’s validation or certification process.

5.2 Account and Identity Security

All identity information associated with a Freelancy User account must be true and verifiable. Each such account must be used by a single individual or entity, and each individual or entity may use only one Client and/or Service Provider account.

Freelancy reserves the right to verify the information of Users, to the extent that they may be Clients and/or Service Providers, at any time. This verification process includes, but is not limited to, checking against third party databases or verifying one or more official or legal documents from the government confirming the identity of the potential Client or Service Provider.

By means of these general terms of use the User authorizes Freelancy to make the necessary inquiries, directly or through third parties, to verify the identity of the User and to confirm that the User is the owner of the e-mail address or the financial instruments. If the User does not provide information about himself and his business when requested to do so, these terms and conditions will be deemed not to have been complied with.

Users are solely responsible for ensuring and maintaining the secrecy and security of their respective Freelancy account passwords. Users agree not to disclose this password to any third party and are solely responsible for any use or action taken through the use of this password on Freelancy. If the User suspects that his password has been lost or stolen, he should immediately inform the Freelancy support team (hello@freelancy.co).

By using his Freelancy User account, the User acknowledges and accepts that the security procedures for the account opened on Freelancy comply with industry standards. Similarly, the User undertakes not to allow his password to be used by third parties to carry out any action in relation to the Freelancy Platform.

6. Working with Freelancy

The publication of any project on the Freelancy Platform must be in English, French or Arabic, and must not contain information allowing or requesting contact or payments outside the Freelancy Platform.

The nature of project publications must be professional and accurately describe the services requested. These publications must not contain offensive language or advertisements for other products or services. Project publications may not solicit any services that are illegal or violate the intellectual property rights, copyrights or terms of use of another service, product or website.

7. Disintermediation

All payments to be made by Clients in connection with the development of the Digital Project shall be made to Freelancy, either directly in accordance with the provisions of the service contract to be entered into between Client and Freelancy, or via the Freelancy Platform. Any action that induces, encourages or demands payment in whole or in part to a third party other than Freelancy or outside the Freelancy Platform constitutes a violation of these terms of use.

Violation of this paragraph by a Client may result in termination of his Freelancy account and payment of corresponding damages for such violation.

In the event that a Service Provider requests a Client to make a payment directly or through any other channel other than those provided or specified by Freelancy, such Client shall notify Freelancy immediately.

Accordingly, Service Providers shall not accept any payment relating to a Digital Project made directly by a Client or by any other means of payment other than those provided or specified by Freelancy or made available on the Freelancy Platform. In the event that a Client attempts to make a payment to a Professional directly or by any other means of payment other than those provided or specified by Freelancy, such Service Provider shall notify Freelancy immediately.

8. Measures to ensure compliance with Freelancy policies

Freelancy has the right, but not the obligation, to suspend or terminate a User’s access to the Freelancy Platform if it believes that User has violated these Terms and Conditions or if User has violated Freelancy’s rights or the rights of any other party. Without prejudice to any other remedies available to Freelancy, Freelancy may suspend or cancel User’s account on Freelancy (in which case User may no longer have access to certain data, messages, files or other materials on Freelancy), or refuse to extend User’s access to the Freelancy Platform in the following cases :

  1. if the User violates any of these Terms of Use or any other policy or procedure that has been published in writing on the Site;
  2. if Freelancy cannot verify or authenticate the information provided by the User; or
  3.  if Freelancy believes that User’s actions may result in legal liability for such User, Clients, Service Providers or Freelancy.

Once the Freelancy account has been suspended or cancelled, the User cannot continue to use the Freelancy Platform via another account or register again via a new account. If the User tries to use the Freelancy Platform via a different account, Freelancy reserves the right to claim any damage that may have been caused, as well as any additional sanctions that may be appropriate.

9. Responsibility

Without prejudice to any other statement made by a representative of Freelancy or contained on the Freelancy Platform (such as, for example, any statement contained on the Site), Freelancy shall not be liable or make any representation or warranty as to the suitability, availability, security, truthfulness or integrity of the Freelancy Platform, or concerning the ability, solvency or capacity of the Client and/or the Service Provider, or the suitability of the Freelancy Platform for a specific purpose or the non-infringement of third party rights.

Specifically, and for informational purposes only, Freelancy is not responsible for and makes no warranty as to the following:

  1. the use of the Freelancy Platform is secure, timely, uninterrupted or error-free, or can work in combination with any other hardware, application, system or data;
  2. Excluded items meet the user’s requirements or expectations;
  3. All stored data is accurate or reliable;
  4. The information or other materials obtained by the User through the Freelancy Platform are in accordance with the User’s requirements or expectations;
  5. Any errors or defects that excluded items may have are corrected;
  6. The Freelancy Platform is free of viruses or other harmful components; or
  7. Any damage, loss and/or injury suffered by Users as a result of User’s reliance on the integrity, accuracy or existence of any advertisement or as a result of any relationship or transaction between a Client and a Service Provider, advertiser or third party sponsor whose advertisement appears on the Freelancy Platform, or to which reference is made in said platform;

The Freelancy Platform may be subject to limitations, delays or other problems inherent in the use of the Internet and electronic communications. Freelancy cannot be held responsible for any delay, failure to deliver or other damage of any kind resulting from such problems.

10. Compensation

Clients and Service Providers shall hold Freelancy, its affiliates, partners, directors, officers, employees or agents harmless from and against any and all claims, damages, costs and expenses arising out of any breach, act or omission attributable to Clients and/or Service Providers, as the case may be (and in no event to Freelancy).

Any indemnification and/or waiver of liability in favor of Freelancy under this paragraph shall also be construed as an indemnification and/or waiver of liability, if any, in favor of each of the other Released Parties referred to above.

11. Validity and Termination

11.1 Period of validity

The term of these Terms of Use shall extend from the effective date until termination in accordance with the provisions of Section 11.2 below.

11.2 End of the contract

Either party may terminate the legal relationship under these Terms of Use at any time, with or without cause, and immediately upon written notice to the other party or upon cancellation or suspension of User’s account, without such termination affecting the validity of any prior service contract between Freelancy and Client or between Freelancy and Service Provider, so that these Terms and Conditions shall continue to apply to such service contracts until terminated.

11.3 Consequences of termination of the contract

Termination of these Terms of Use will not affect any terms that by their nature extend beyond the contractual termination, so those terms will survive termination of these Terms of Use (including, without limitation, certain provisions relating to Freelancy’s release from liability or indemnification).

Miscellaneous

12.1 Regulatory Compliance

Clients and Service Providers shall not violate the law or infringe the rights of third parties on or in connection with the Freelancy Platform. In particular, such Users undertake to comply with all applicable import and export control laws and not to infringe the proprietary rights of third parties that may be applicable.

12.2 Communications between the parties and consent to electronic notifications

The User consents to the use of:

  1. electronic means for subscribing to these terms and conditions of use and sending any notices made thereunder; and
  2.  electronic records to store information relating to these general terms of use or the use of the Freelancy Platform by the User.

Notices shall not be valid unless made in writing and delivered :

  1. by Freelancy by e-mail (to the address provided by the User);
  2. through a publication on the Freelancy Site; or
  3. by the User at the following e-mail address hello@freelancy.co or at other addresses indicated, in writing, by Freelancy. The date of receipt is deemed to be the date of transmission of the notification.

12.3 Modifications

Freelancy reserves the right to revise these terms and conditions at any time. Changes will be effective on the earlier of: (i) thirty (30) calendar days from notification by Freelancy via the user interface of the Site or by sending it to the email address associated with the account or by any other means; or (ii) when User expressly approves such changes by any other means or accepts a version of these Terms and Conditions incorporating such changes.

12.4 Non-Waiver of Rights

The failure or delay of either party to exercise any right or claim under these Terms of Use shall not constitute a waiver of such right or claim and shall in no way affect such party’s ability to exercise or enforce such right or claim, unless such party provides express written notice signed by a duly authorized representative

12.5 Nullity

If any part of these terms and conditions is determined to be unlawful or void and therefore unenforceable, the validity and enforceability of the remaining terms and conditions will not be affected, and Freelancy will modify the relevant provisions to ensure that all such terms and conditions comply with applicable regulations and always ensuring that the will of the parties is given maximum effect.

The illegality, invalidity or unenforceability of any such condition in any particular jurisdiction shall not affect the legality, validity or enforceability of any such condition in any other jurisdiction or of any other condition in any jurisdiction.

12.6 Law and jurisdiction

The present general conditions of use are governed by the common law of the Tunisian Republic.

Freelancy and the Users, expressly waiving any personal or territorial jurisdiction that may correspond to them and to the extent that such submission is legally permissible, agree to submit all matters arising from the interpretation, application or enforcement of these Terms of Use to the Courts of the city of Tunis and to their superiors.

That’s it! If you have any questions or comments regarding these terms and conditions, please contact Freelancy at hello@freelancy.co.

If you want to download the terms and conditions of Freelancy, click here.