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).
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.
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).
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 :
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:
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.
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.
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.
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 (email@example.com).
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.
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.
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.
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 :
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.
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:
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.
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.
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.
The User consents to the use of:
Notices shall not be valid unless made in writing and delivered :
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.
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.
The present general conditions of use are governed by the common law of the Tunisian Republic.
That’s it! If you have any questions or comments regarding these terms and conditions, please contact Freelancy at firstname.lastname@example.org.
If you want to download the terms and conditions of Freelancy, click here.