General Terms and Conditions of Use of the Free The Freela platform
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By using Free The Freela (also referred to as the “Platform”), you automatically agree to these Terms and Conditions of Use of the Platform (“Free the Freela T&C”), being fully responsible for any and all acts performed during the use of the Platform or related services.
If you do not agree with any condition set forth in the Free the Freela T&C, you must not use the Platform.
- Customer or Customers:
- registered users who use the Platform to contract services.
- Freelancer, Freela o Freelas:
- users registered on the Platform to provide services or act as freelancers.
- payment request created by Freelas.
- a document that contains the description of the Project, created and sent through messages exchanged within the Platform chat. When the Freela and the Client accept the Agreement, the Platform system automatically generates a payment request for the Client.
- refers to a specific project, which has a beginning and end date and will not be repeated. The Project can be Public (available on the search page so that all Freelancers on the Platform can apply) or Private (Project not available on the search page and only the Freelancers selected by the Client can have access).
- Fixed Project, Repeated Project, or Long-term Project:
- refers to a project that has a fixed monthly recurrence, fulfilling the same conditions of the Contract. The Fixed Project can be public or private, and generates, every month, a new payment request for the Client.
- Active Project:
- refers to a project that has already had the payment confirmed and is in progress. All information for an Active Project will appear on the Project Page.
- amount available in Freela’s account referring to the work performed by them.
- sending the balance available in Freela’s account to his personal account on Free the Freela's partner platform.
- collaborative capital, maintained through the contribution of Customers and unregistered users (through payment of Invoices) and managed by the Platform for granting benefits to Freelas that comply with the minimum requirements established in this Free the Freela T&C.
- Rest or Rest Benefit:
- may be granted, up to 2 (two) times a year, to Freelas that meet the minimum requirements established by the Platform.
- Care or Care Benefit:
- may be granted, for up to 1 (one) time a year, to Freelas that comply with the minimum requirements established by the Platform.
- a system for dividing the services offered by the Platform
- Freelas skills, aptitudes, or talents.
- Service Fee:
- 15% (fifteen percent) fee charged to Freelas to cover Platform service and management costs.
- Request for review of the cancellation appeal of an Active Project opened from the non-acceptance of the cancellation request by one of the parties.
1. GENERAL REQUIREMENTS
1.2 All registered users on the Platform undertake to keep their personal information up to date. Registered users also agree and undertake to keep their login and access passwords safe and out of reach of third parties, and are responsible for any and all actions taken in their personal account on the Platform.
1.3 For security reasons, Free The Freela may block user financial activities on the Platform to prevent fraudulent or illegal activities. This may result from security issues, inappropriate behavior reported by other users, or the association of multiple Free The Freela accounts with a single user.
1.4 Free the Freela is a platform that aims to mediate the contact between Freelas and Customers, so that they can directly negotiate with each other, the conditions, values, and terms of services, without any interference from the Platform in this process. This means that, as a mere business intermediary, Free the Freela does not guarantee the quality of the Services contracted between registered users.
1.5 Payments made by users not registered with Free the Freela, through Invoice issued by a Freela, do not result from a Contract generated within the Platform. In this way, Free The Freela is not responsible for what was negotiated between the parties, nor will it be able to return amounts paid through this billing method.
1.6 Freelas cannot ask Customers for payments arising from Contracts to be made through methods other than those offered by Free the Freela.
2. CONDITIONS FOR FREELAS
2.2 The Freela user profile must have a filling rate equal to or greater than 80% (eighty percent) to enable your profile to appear in searches performed by Clients and your candidacy in proposals published on the Platform.
2.3 To use the billing method (Invoice), Freela will pay a Service Fee of 15% (fifteen percent) of the value of each Invoice issued. The transfer of Invoice payments to Freela will be made within 10 (ten) business days, counted from the receipt of the Invoice payment confirmation. Payments received by Freela, through the Invoices issued by it, will also be considered for the Benefits.
2.4 When passing on the payment resulting from the conclusion of a Project or a Fixed Project, Free the Freela will deduct the Service Fee in the amount of 15% (fifteen percent) of the amount paid by the Customer. This means that Freela will receive 85% (eighty-five percent) of the amount negotiated with the Client in the Contract.
2.5 Freela may withdraw the Balance available in its account at no extra cost or use it to make payments to other Freelas, through the use of the Platform as a Client.
2.6 Free the Freela is not responsible for any tax obligations arising from the activities of users within the Platform. Delivery of invoices for services provided and Invoices issued is the sole responsibility of Freela.
2.7 The cancellation of an Active Project by Freela may adversely affect its reputation and its respective status within the Platform. In case of repeated cancellations of Active Projects by Freela, Free The Freela may at its sole discretion and without the need for prior consent, suspend Freela's registration indefinitely.
3. REQUIREMENTS FOR USE OF BENEFITS BY FREELAS
3.2 Contributions to the Benefits are made by the Client and/or payers of the Invoices issued through the Platform, upon the additional payment of 10% (ten percent) of the total amount charged by Freela in the Contract or in the Invoice issued to the unregistered user (" Contributions”).
3.3 The Contributions, added to the conditions established for receiving the benefits by Freela, ensure the proper functioning of the Platform and, consequently, the sustainability of these Benefits.
3.4.1 The rules and conditions to enable the withdrawal of the Rest Benefit by Freela are as follows:
3.4.2 Each Freela may request up to 2 (two) withdrawals of the Rest Benefit per calendar year, with a maximum amount of BRL 5,000 (five thousand reais) each. To be entitled to request the second annual withdrawal, the Freela must comply, again, with the Grace Period of item “b” of item 3.4.1, within the same calendar year in which the first withdrawal was made.
3.4.3 Once the request to receive the Rest Benefit is made and the minimum conditions for receipt are met, Free the Freela will have up to 10 (ten) days to send the respective payment to Freela's account on the Platform.
3.4.4 The grace period provided for in item “b” of item 3.4.1 does not have a maximum period to be acquired by Freela.
3.5.1 The Care Benefit corresponds to an economic aid, which the pregnant or adopting Freela, regardless of gender, may enjoy, subject to the rules and conditions below:
3.5.2 Each Freela may request up to 1 (one) withdrawal of the Care Benefit per calendar year, with a maximum amount of BRL 5,000 (five thousand reais) each.
3.5.3 Once the request to receive the Care Benefit is made and the minimum conditions for receipt are met, Free the Freela will have up to 30 (thirty) days to send the respective payment to Freela's account on the Platform.
3.5.4 The grace period provided for in item “b” of item 3.5.1 does not have a maximum period to be acquired by Freela.
4. CONDITIONS FOR CUSTOMERS
4.2 Through our Platform, the Client can carry out with Freela various types of contracting, one-off (Project) or continuous (Fixed Project). When generating the Contract for a Project, the payment of the amount agreed between Freela and the Client will be carried out only once, and the project will remain active until its conclusion is indicated. Upon completion of an Active Project, the amount paid by the Client will be released to Freela.
4.3 The Fixed Project concerns a long-term relationship between Freela and the Client, in which the project will remain active for the period established in the Contract (which may even be for an indefinite period). When generating the Contract for a Fixed Project, the collection of the amount agreed between Freela and the Client will be carried out and the project will be active for 1 calendar month. At the end of this period, the amount paid by the Client will be released to Freela.
4.4 Freela is responsible for issuing the second invoice and subsequent invoices, according to the duration of the Fixed Project. Freela may issue the invoice five days before the expiration of the 1 calendar month period. On the other hand, the Customer must pay the invoice within five days after the expiration of the 1 calendar month period. [Example: The Fixed Project is activated on 11/01/2021, upon payment by the Customer. Freela will be able to issue the second invoice from 11/25/2021, while the Client will have until 12/05/2021 to make the payment and keep the project active. Freela will be paid for the month worked on the same day the project was first activated].
4.5 Free The Freela is not responsible for any service provided by Freela during the period of 5 (five) days offered to the Client for the payment of the invoice and renewal of the project. We recommend that Freela provide services until the exact day of compliance with the 1 calendar month period and resume activities immediately after the Customer pays the corresponding invoice, renewing the contract period.
4.6 If, for any reason, the payment and renewal of the Fixed Project are not carried out, it will be finalized by the Platform, upon communication from both parties. The Client may terminate the Fixed Project at any time, and the last charge will refer to the last period worked by Freela and which has not yet been paid by the Client.
5. CANCELLATION TERMS AND PAYMENT REFUNDS
5.2 If, for any reason, the request for cancellation of the Active Project is not accepted by one of the parties, the person can open a Dispute on the Platform and our support team will evaluate the case based on the information provided by both parties.
5.3 Free the Freela does not provide partial refunds. Therefore, in the event that the Active Project is canceled or the Dispute is concluded, the full payment, minus the Service Fee, or refund, minus the 6% + 2 USD payment processing fee, will be released to the corresponding party.
5.4 As soon as the Client considers a project as “completed” or “finished” on the Platform, the payment will be released to Freela and is no longer subject to return.
5.5 If the delivery period agreed between the parties to the Contract has not been met by Freela, the Client will have up to 2 (two) business days, counting from the expected date for delivery of the work, to request the Platform to return the payment (“Customer Complaint Deadline”).
5.6 After registering the payment return request made by the Customer, the Platform will notify Freela so that it can present its defense within 2 (two) business days (“Freela Defense Term”).
5.7 After the Freela Defense Period has expired, whether or not it has presented its defense, the Platform will have up to 7 (seven) business days to complete the analysis procedure. If the conclusion is in favor of the Customer, Free the Freela will refund the full amount paid by the Customer immediately, using the same payment method used at the time of purchase. On the other hand, if the conclusion is in favor of Freela, the Platform will consider the Active Project as “completed” or “finished” and will release the respective payment to Freela, no longer subject to return.
5.8 If the Customer does not submit any request during the Customer Claim Period, Free the Freela will consider the Active Project as “completed” or “finished” and will release the respective payment to Freela, no longer subject to return.
6. COEXISTENCE RULES
6.2 Free the Freela may, at its sole discretion and without the need for prior consent, warn, temporarily suspend or cancel the registration of users who violate the rules of coexistence defined herein.
8. COPYRIGHT AND INTELLECTUAL PROPERTY
9. GENERAL PROVISIONS
9.2 Free the Freela's T&C are governed by the laws of the Federative Republic of Brazil. The forum of São Paulo/SP is elected to settle any conflicts arising from the use of the Platform, whether by the Client or by Freela.