Equipe Technique, LLC Terms of Service
Last Updated: September 15, 2023
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOUAND EQUIPE TECHNIQUE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THANIN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
1) USER'S AGREEMENT
By accessing the website a you are agreeing to be bound by these Terms and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. If you are accessing and using the Platform on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case, "you" and "your" will refer to that entity.
2) WHO MAY USE THE PLATFORM?
You may use the Platform only if you are 18 years or older or of the age of majority in your country and capable of forming binding contracts , and not otherwise barred from using the Platform under applicable law. You may use the Platform for business purposes only and not for personal or consumer use. By registering an account on ETQ’s Platform, ("Profile Account"), you represent that you:
- (a) are doing business under your own name as a self-employed individual or sole proprietor or are an employee or agent of an independent business (such as a corporation, limited liability company, or other entity;
- (b) will use our Platform for business purposes only;
- (c) will comply with any licensing, registration, or any other requirements with respect to your business or the business for which you are acting; and
- (d) will comply with any licensing, registration, or any requirements with respect to your provision of services to Clients.
The Platform is not intended for the sale of physical, non-digital products.
4) CHANGES TO THESE TERMS OR THE PLATFORM
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Platform. If you continue to use the after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Platform anymore. Because our Platform is evolving overtime we may change or discontinue all or any part of the Platform, at any time and without notice, at our sole discretion.
5) THIRD-PARTY TERMS OF THE SERVICE
If you opt to sign a contract with another User using Equipe Technique’s optional service agreement terms, you are agreeing to Deel’s Terms and Conditions https://deel.com/terms-of-service by using Deel’s digital signature capability. Users are also agreeing to Stripe’s Services Agreement https://stripe.com/legal/ssa by processing payments on the Equipe TechniquePlatform. You may not create a profile, visit Equipe Technique’s Platform or use Equipe Technique’s Platform if you do not read, understand, and agree to Equipe Technique’s and these third parties’ Terms of Service.
6) RELATIONSHIP BETWEEN THE PARTIES
Equipe Technique offers a platform that enablesUsers to find one another, enter into service relationships and agreements, receive and provide services and make and receive payments through a third-party payment processor. Equipe Technique does not employ or contract with individuals to perform Makers services. Users acknowledge and agree that Equipe Technique does not supervise, direct, control or monitor Users in the performance of any contractual obligations Users have under a Service Contractor other agreement and agree that:
- (a) Equipe Technique is not responsible for ensuring the accuracy or legality of any User Content
- (b) Equipe Technique is not responsible for the offering, performance, or procurement of Makers services
- (c) Equipe Technique does not represent or guarantee any Makers services and
- (d) use of the Platform will not create an employment, agency, or joint venture relationship between Equipe Technique and any Makers who is offering services using Equipe Technique's marketplace platform.
Makers will be the seller of record for Client purchases using Equipe Technique’s Platform. Equipe Technique is not a buyer of any services related to the transaction between Maker and Client. Equipe Technique does not obtain or transfer legal ownership of any work product from Makers to Client. All transactions related to the sale of services are made directly between Makers and Client. EquipeTechnique is merely a marketplace connecting Makers with Clients and takes no responsibility for the actions or omissions of Users of Equipe Technique’sPlatform, or quality of services provided by Makers, and does not guarantee that a Client can or will pay for services. Equipe Technique may terminate or suspend any Makers or Client for any reason, including for breach of these Terms. Equipe Technique may also try to facilitate a resolution between Maker and Client relating to an alleged breach of these Terms but is under no obligation to do so. In the event of any breach of these Terms by another User, you agree that you will look solely to such User or such third party for a remedy and in no event shall Equipe Technique have any responsibility, obligation, or liability with respect to such breach or any other acts or omissions by any such User. You acknowledge that Equipe Technique has no responsibility or control over Makers and does not endorse any Makers in any way.
7) SUITABILITY OF PROJECT AND PROJECT TERMS
You agree that Users (and not Equipe Technique) are responsible for:
- (a) evaluating and determining the suitability of any project, Client or Makers,
- (b) assessing whether to enter into a service contract or other agreement with another User, and
- (c) verifying any information about another User, and
- (d) negotiating and signing any terms or conditions of a services agreement, and
- (e) performing and monitoring performance of the terms of any agreement between Users.
All agreements between Users are directly between the Users. Equipe Technique is not a direct party to these agreements and has no obligation under the terms of any agreement between Users. However, Users agree that Equipe Technique shall be considered a third party beneficiary of any agreement between Users and may enforce its rights as such.
8) WORKERS CLASSIFICATION
Client is solely responsible for and assumes all liability for determining whether an Makers may be engaged as an independent contractor through the Platform. Client warrants its decisions regarding worker classification are correct and its manner of engaging Makers complies with applicable laws, regulations and rules. Nothing in this agreement is intended to or should be construed to create a partnership, joint venture, franchise or franchisee, or employer-employee relationship between Equipe Technique and a User.
9) USER ACCOUNTS
10) VERIFICATION OF IDENTITY
You consent to your information being sent to and used by Equipe Technique and third parties to verify location, identity, e-mail address, financial accounts, and ownership of your business. This section does not create any obligation for Equipe Technique to verify User information.
11) TYPES OF ACCOUNTS
Users may initially create an account profile as a Client or a Maker. A Client profile is for hiring Makers. A Maker profile is for seeking freelancer work. A user may switch from Client (hiring) to Maker (seeking work) mode at any time within the application.
We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Platform. If you choose to submit feedback, you agree that we are free to use it without any restriction or compensation to you.
13) USER LICENSE
Reservation of rights.
Equipe Technique and its licensors exclusively own all right, title and interest in and to the Platform, including all associated intellectual property rights. You acknowledge that the Platform is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.
Subject to your compliance with these Terms and Equipe Technique’s third party service provider user license agreements, EquipeTechnique grants you a non-exclusive, not-transferable license to use the Platform. Under this limited use license, you may not:
- modify or copy the Platform content or software ;
- use the Platform content and software for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Equipe Technique's website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other servers.
General prohibitions and Equipe Technique’s enforcement rights
- You agree not to do any of the following: Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive;(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii)promotes illegal or harmful activities or substances; (viii) uses, displays, mirrors or frames the Platform or any individual element within the Platform,ETQ’s name, any ETQ trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without EquipeTechnique’s express written consent;
- Access, tamper with, or use non-public areas of the Platform, Equipe Technique’s computer systems, or the technical delivery systems of Makers;
- Attempt to probe, scan or test the vulnerability of any Equipe Technique system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Equipe Technique or any of the Makers or any other third party (including another user) to protect the Platform;
- Attempt to access or search the Platform or download content from the Platform using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Equipe Technique or other generally available third-party web search engines or web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing an ETQ trademark, logo URL or product name without ETQ’s express written consent;
- Use the Platform, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform;
- Collect or store any personally identifiable information from the Platform from other users of the Platform without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
Equipe Technique is not obligated to monitor access to or use of the Platform or to review or edit any content. However, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Fraud or suspicious activity
Without limiting any other provision of theseTerms, or our rights or remedies under these Terms or applicable law, if a User attempts to defraud any other User or Equipe Technique, or attempts to interfere with the fair operation of the Platform (such as, by way of example only, by providing artificial, false or misleading information), we reserve the right to do any or all of the following, in our sole discretion: (i) remove any or all of the User Content from the Platform; (ii) cancel any or all of theUser’s pending transactions on the Platform, and cancel, reverse or charge back any other purchases or sales by the User that we determine, in our sole discretion, to be fraudulent or in violation of these Terms; (iii) withhold any payments due to the User; (iv) place limits on the User’s buying and selling privileges; (v) charge the User for costs, expenses and fees incurred by EquipeTechnique as a result of the User’s action or inaction, including refunds to any Client; and (vi) shadowban, suspend or terminate the User’s account. For clarity, if we cancel or reverse a purchase by a Client pursuant to this Section 13), the Client will have no rights to the work product and/or services concerning the canceled or reversed Transaction. If you receive services that you believe to be fraudulent in nature or otherwise in violation of these Terms or applicable law, please contact us as soon as possible. You agree to cooperate with us in any investigation conducted by us, as reasonably requested of you.
Termination of license
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Equipe Technique at any time.
Paid premium subscriptions
If you buy any of our paid subscription services, you agree to pay us the applicable payment processing fees and taxes, and agree to additional terms specific to the paid services. Failure to pay these fees will result in the termination of your paid subscription. Also, you agree that:
- Your purchase may be subject to foreign exchange fees, or differences in prices based on location, such as exchange rates.
- We may, through our third party payment processor, store and continue billing your payment method even after it has expired in order to avoid interruptions in your services, and use it to pay for other services you may buy.
- If you purchase a subscription, your payment method will automatically be charged applicable fees and taxes at the start of each subscription. To avoid future charges, cancel before the renewal date.
- You may cancel or suspend your premium services following the cancellation process on the Platform. The termination of your monthly subscription will be effective at the end of the last month you paid your subscription fee.
- Annual and monthly subscriptions are non refundable. Termination of your subscription will give you access through the end of your paid term and will cancel the auto renewal of your subscription.
- We will calculate taxes, payable by you based on the billing location information that you provide us at the time of purchase.
14) CLIENT SPECIFIC TERMS
Equipe Technique retains the right in its sole discretion to prohibit the display of and to remove any job postings, project invites and inquiries. Equipe Technique also retains the right to block Client’s purchase of any service(s), or suspend or terminate a Client’s account, in order to ensure Equipe Technique and/orClient’s compliance with:
- applicable law,
- any third party terms to which Equipe Technique is subject, including distribution platform terms,
- any policies and procedures established by Equipe Technique (the "EquipeTechnique Policies"),
- these Terms;
- or if any transaction or activity is harmful to its business in Equipe Technique's sole discretion.
Client hereby represents, warrants, and covenants that it will comply with all applicable laws, including data protection laws. Client will be fully responsible for any data (including personal data) provided by Client to EquipeTechnique ("Client Data"), including all necessary consents, permissions, and clearances in order for Equipe Technique to use the Client Data. EquipeTechnique will have the right to use Client Data in connection with the provision of the Platform.
When you purchase services, our third-party payment processor will charge you a payment processing fee. Our third party payment processor may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "PaymentInformation").
Legal right to use payment method
You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information.
When you initiate a Transaction, you provide your Payment Information to our third party payment processors so we can complete your Transaction and charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms.
15) MAKER SPECIFIC TERMS
Equipe Technique retains the right in its sole discretion to prohibit the display of and to remove any services, to block sales of any service(s), or suspend or terminate the Maker account, in order to ensure Equipe Technique's compliance with: (i) applicable law or (ii) any third party terms to which Equipe Technique is subject, including distribution platform terms or Maker's compliance with (iii) any policies and procedures established by Equipe Technique(the "Equipe Technique Policies"); (iv) these Terms; or (iv) if any transaction or activity is harmful to its business in Equipe Technique’s sole discretion.
Maker hereby represents, warrants, and covenants that it will comply with all applicable laws, including data protection laws. Maker will be fully responsible for any data (including personal data) provided by Maker to Equipe Technique ("Maker Data"), including all necessary consents, permissions, and clearances in order for Equipe Technique to use the Maker Data. Equipe Technique will have the right to use Maker Data in connection with the provision of the Platform. Maker Data may be retained by Equipe Technique. Some data may be retained by Equipe Technique after termination of a User Account, subject to the ordinary course of business electronic backups or any applicable legal requirements for maintaining such data.
Required benefits and insurance
Maker acknowledges that Maker is solely responsible for obtaining any liability, health, workers compensation, disability, unemployment, or other insurance needed or required by law, and that Maker are not covered by or eligible for any insurance from Equipe Technique.
16) YOUR CONTENT
Our Platform may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, software, audio and video, artwork, product and/or services information and specifications, and other information, and trademarks, trade names, service marks, logos, and other indicia ("User Content"). Equipe Technique does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
Permissions to your User Content
By making any User Content available through the Platform you hereby grant to Equipe Technique a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your UserContent in connection with operating and providing the Platform and promoting Equipe Technique, its products or services.
Your responsibility for User Content
You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent that allUser Content is accurate, substantiated, and otherwise compliant with all applicable laws, including but not limited to FTC and FEC rules and guidelines.You represent and warrant that your use and provision of your User Content that is made available through the Platform and ETQ's use of your User Content on or through the Platform will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, nor result in the violation of any applicable law or regulation. In the event of any claim of intellectual property infringement from a third party in connection with your User Content, or if you are a Maker, your products and/or services, you acknowledge and agree that such third party claimant will look solely to you for remedy. If any claims are brought against Equipe Technique regarding your User content, you agree to pay Equipe Technique’s legal fees and expenses.
Removal of User Content
You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Platform. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Equipe Technique’s intellectual property
We may make content available through the Platform that is subject to intellectual property rights. We retain all rights to that content.
Any content you post that includes your feedback, ratings or reviews, suggestions or other feedback will be owned by Equipe Technique and you will be deemed to have granted Equipe Technique an exclusive, royalty free, fully paid up, perpetual, irrevocable, worldwide ownership rights to the Feedback. Information based on data that Clients and Makers voluntarily submit to Equipe Technique does not constitute an introduction, endorsement or recommendation of any User by Equipe Technique. You agree that Equipe Technique is not responsible for verifying such information and provides it solely for the convenience of Users.You acknowledge providing false or misleading information violates this Agreement and may result in termination of use of Equipe Technique’s Platform.You agree that User feedback benefits Clients and Makers and you expressly agree your feedback may be made available to the public.
17) USER PAYMENT TERMS
Users have several payment options including: Flat Fee, Monthly or Weekly Recurring, Milestone Deliverable Projects, Variable Hourly Projects
a) Flat Fee
Client will pay Maker the entire amount due under the contract, in US dollars upon signing the contract. Any upfront payment will be immediately released to Maker's account wallet, however, Maker will receive payment after the payment is processed by the third party payment processor. The remaining balance is blocked from the Maker's Equipe Technique's account wallet until Client accepts Deliverables or Client does not accept nor request revisions to Deliverables within seventy two (72) hours after Maker provides Deliverables to Client. If Maker bills hourly, Client will receive any residual amount (for example, if the Maker billed for less than the maximum number of hours) or the full amount (if the transaction is canceled) back to the Client’s Equipe Technique's account wallet.
b) Monthly or Weekly Recurring
Monthly and Weekly Recurring projects not based on hours worked nor acceptance of Deliverables will be released one month or one week from the initial deposit of payment until the completion of the Project.
c) Milestone Deliverable projects
If the Project includes Milestone Payments, Client will have (72) seventy-two hours to accept each Milestone Deliverable. If Client does not accept or request revisions to a Milestone Deliverable within seventy-two (72) hours, the amount for that Milestone Deliverable will be released into Maker's Equipe Technique account wallet.
d) Variable Hourly Projects
This option applies to projects that require flexibility in the amount of hours billed and timing of when such hours are billed. Client and Maker, determine the maximum amount of hours that can be billed by Maker on each invoice. Maker may work and submit hours up to the mutually agreed upon maximum of hours per invoice. Maker will use the Equipe Technique platform to submit invoices to Client on a weekly, bi-weekly, or monthly basis, or other frequency agreed upon by Client and Maker. Client will pay the Maker the full amount due in the invoice upon receipt or promptly request a revision of Maker's submitted hours. Once paid by Client, the full amount paid, less third-party payment processing fees, will go to the Maker's account wallet. Maker may not work and bill Client for additional hours until Client approves and pays any outstanding invoice. It is important to note that Variable Hourly projects hold no upfront funds in escrow and carry a risk of non-payment.
For Flat Fee and Milestone Deliverable projects, Client may agree to pay Maker a negotiated upfront payment before any work is commenced by Maker.
Equipe Technique shall not be responsible for any expenses incurred by Makers in connection with any Projects. If a Client agrees to reimburse Makers for expenses incurred in connection with the Project ("Expenses"), such reimbursement will be handled directly between Client and Maker in accordance with the terms set forth in the applicable Maker Contract; provided that Expenses shall only include amounts actually paid by Makers to third parties for products and services required for Client provision of the Deliverables. All other amounts paid to Makers shall be considered Project Fees and must be paid through the Services. Equipe Technique reserves the right to require Maker and/or Client to provide receipts and other documentation for any Expenses.
We use a third-party payment processor, Stripe Connect, to facilitate Transaction payments. Your use of Stripe Connect’s services are governed by StripeConnect’s Account Agreement and other such terms available at www.stripe.com (“Stripe Terms”). You agree to comply with these Stripe Terms.
Third-party payment processing and foreign exchange fees
Clients are responsible for paying third-party payment processing fees. Any foreign exchange fees are paid by the Party incurring the fees.
Taxes, other government agency payments information
Maker acknowledges that Maker is solely responsible for all taxes related to payments received from Clients through Equipe Technique's Platform, and also acknowledges Equipe Technique will not withhold any taxes from payments to Maker unless required by applicable law. Maker agrees Maker is solely responsible for determining and fulfilling Maker's obligations under applicable laws and regulations with respect to invoicing and reporting, collecting or remitting any applicable taxes or charges, and if outside of the United States, determining if EquipeTechnique is required by applicable law to withhold any amount of the Maker's fees and notifying Equipe Technique of any such requirement and indemnifying Equipe Technique for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Equipe Technique, Maker agrees to cooperate with Equipe Technique and provide copies of Maker's tax returns and other documents that may be reasonably requested for purposes of such audit, including but not limited to records showing Maker is engaging in an independent business as represented to Equipe Technique.
Consent to receive electronic communications and tax documentation
User agrees to receive electronic communications, including 1099 tax forms from the third-party payment processor. User acknowledges this agreement to receive electronic communications means User will not be mailed any 1099 tax forms or any other payment-related communications.
18) AVOIDING DIRECT TRANSACTIONS
Exclusive Payment Method Duration
Equipe Technique's strength lies in its vibrant marketplace connecting Clients and Makers. Users recognize and concur that a significant part of the remuneration Equipe Technique obtains for its Services is acquired via the Service Fee detailed in these Terms. Equipe Technique only earns this Service Fee when a Client and Maker(s) transact through our platform. Thus, for a span of 18 months from the moment Users agree to these Terms (the "Exclusive Payment Method Duration"), Users commit to exclusively utilize our Services for all transactions, either directly or indirectly, with any Client introduced or paired via Equipe Technique's Platform (the "Equipe Technique Connection"). To clarify, if a Maker and a Client had a prior association before using our Services, then the Exclusive Payment Method Duration doesn't pertain to such interactions. If a Maker or a Client is representing another entity while using our Services, this duration applies to the Maker and/or the Client.
Direct Transaction Limitations
Unless the Connection Fee is settled, Users pledge not to bypass Equipe Technique's payment procedures related to our Services. To be more explicit, Users commit not to:
- (a) approach or send offers to Makers discovered via our Services to engage or transact outside of our platform;
- (b) entertain offers or approach Makers found through our Services to bill or get compensated outside our platform;
- (c) report a payment value on our Services, or in a Connection Fee request, that's less than the actual agreed amount between Users; or
- (d) introduce a User from our platform to a non-user for any reason, especially for transactions where Equipe Technique doesn't earn its Service Fee.
Users must promptly inform Equipe Technique if Users become aware of any violations or potential violations of this direct transaction clause.
Connection Fee Details
The obligations in this Section 18 won't be applicable concerning an Equipe Technique Connection if either the relevant Client or Maker compensates Equipe Technique with a fee for such a connection (the "Connection Fee"). This includes scenarios where Maker wish to initiate or maintain a relationship with any Client linked via Equipe Technique post this Term's conclusion. The Connection Fee is calculated as: the higher of (a) twenty thousand dollars ($30,000); or (b) a sum equivalent to thrice (3x) the expected monthly remuneration paid to Maker, along with (c) ten percent (10%) of any singular signing bonus or similar extra compensation.
19) CANCELLATION OF PROJECTS
Client agrees that once Equipe Technique charges Client’s designated payment method, the charge cannot be refunded except upon mutual written agreement of the Client and Maker, or otherwise pursuant to these Terms. The Platform provides a process for Users who have mutually agreed to cancel their Project. When transacting on the Platform, Client agrees that Equipe Technique may charge Client’s designated payment method for the Maker's fees as agreed on between Client and Maker in the service contract. Clients also agree that these Terms provide a dispute resolution process. Users may commence a dispute resolution process by following instructions on the Platform. Client therefore agrees not to ask its credit card company, bank, or other payment method to charge back any Maker fees or other fees charged. A chargeback is a material breach of these Terms. Client agrees that Equipe Technique may dispute or appeal the chargeback and initiate collection actions against the Client, close Client’s account, and take any other action it deems appropriate. In addition to the amount Client charged back, Client will be responsible for any damages and costs incurred by Equipe Technique including but not limited to, EquipeTechnique's legal fees and any fees or fines assessed by third-party payment processors.
20) DISPUTES AMONG USERS
In the event of a dispute between a Client andMaker, Client and Maker agree to follow the following dispute resolution procedure:
Request revisions/contact other user
Users agree to first contact each other to attempt to amicably resolve the dispute. If Deliverables have been submitted by Maker, Client must continue to request revisions as described in the following paragraph to prevent the release of funds to Maker.
Flat fee, Weekly/Monthly Recurring, or Milestone Deliverable Project Disputes
During any attempt to resolve disputes with Maker, prior to submitting a request for dispute resolution assistance on the platform, Client must continue to request revisions on the Equipe Technique platform within 72 hours of receipt ofDeliverables to provide additional 72 hour time period(s) and prevent payment from being released to Maker. If Client does not submit a request revision on the Equipe Technique platform within 72 hours of receipt of Maker'sDeliverables, payment will be released to Maker and the Project or ApplicableMilestone will be closed. Non-action by Client within 72 hours of receipt ofDeliverables will be considered to be an approval and resolution of the dispute. If Users cannot amicably resolve their dispute in this manner, EquipeTechnique provides dispute resolution assistance.
EquipeTechnique's resolution assistance
Users may opt to submit a request for dispute assistance no later than 72 hours of Client’s receipt of the Deliverable by logging into their respective EquipeTechnique account and submitting a Dispute. Submitting a Dispute places a hold on release of Project payment until :
- the Users resolve their dispute, or
- fail to file a Request for Arbitration in which case project funds will automatically be released to the Maker at the end of the 35 day dispute resolution period, or
- reach a resolution through third-party binding arbitration.
For Variable Hourly Projects, holds on payments do not apply because no funds are held in escrow and an undisputed invoice is paid by Client after it is submitted by Maker. After a User submits a Dispute, EquipeTechnique will contact the Users in an attempt to facilitate an amicable resolution. Equipe Technique will attempt to assist the Users to reach a mutually satisfactory resolution, however, if the Users remain unable to resolve the dispute within 14 days from the day the Dispute was submitted on the platform, Equipe Technique will end its dispute resolution assistance. As a final option, the Users may then submit the dispute, at their own cost, for third-party binding arbitration. Users who agreed to alternative dispute resolution terms contained in their own uploaded contract terms are not required to arbitrate their dispute with another user. Users must provide Equipe Technique with their written agreement regarding alternative dispute resolution procedures in order to maint the hold on release of Project Payment until the parties both notify Equipe Technique that their dispute has been mutually resolved or provide Equipe Technique a written confirmation of a binding decision pursuant to the terms of their written agreement.
Variable Hourly Project Disputes
If Maker and Client are unable to amicably resolve their dispute, Client may, at any time, submit a Project Dispute Request. Maker will then, within forty-eight(48) hours of receiving the Project Dispute Request, submit an invoice for any hours worked up until the Project Dispute Request. Users may opt to use Equipe Technique's resolution assistance service described in the paragraph above. The Maker Contract will be considered terminated upon Client's payment of Maker's invoice or if applicable, resolution of the dispute.
If Users are unable to resolve their dispute within 14 days after submitting a dispute on the Equipe Technique's Platform, as a final option, the Users may then submit the dispute, at their own cost, for binding arbitration to the American Arbitration Association under its applicable rules. If Users reside outside of the United States, Users agree to have the International Arbitration Rules of the International Centre for Dispute Resolution govern the arbitration. A judgment on the award of the arbitrator may be entered in any court having jurisdiction. For Flat Fee, Monthly/Weekly Recurring, or MilestoneDelivery Projects where Client pre-paid through the platform, if neither User provides Equipe Technique with the Request for Arbitration, (confirmation that the dispute was submitted for arbitration) within forty-five (45) days of the submission of the Dispute, the dispute will be considered resolved, the project will be closed and payment will be released to the Maker. If the dispute is submitted to arbitration, Client’s payment will not be released until theArbitrator’s final resolution of the Dispute that shall include payment release instructions including amounts to be released to Maker or refunded to Client. As described in paragraph 20. above, Parties who included an alternative to arbitration in their uploaded contract terms are not required to arbitrate their claims against each other where their agreed-upon contract terms provide for an alternative dispute resolution mechanism.
21) WARRANTY DISCLAIMERS
THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ORNON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS ORBE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS,COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE PLATFORM.
THE PARTIES UNDERSTAND THAT WHILE PAYMENTS MAY BE MADE BY USERS USING EQUIPE TECHNIQUE’S THIRD PARTY PAYMENT PROCESSOR’S SERVICES,EQUIPE TECHNIQUE IS NOT RESPONSIBLE FOR EITHER PARTY’S PAYMENT OBLIGATIONS OR THAT EITHER PARTY WILL GET PAID.
WE MAKE NO WARRANTY AS TO THE IDENTITY, CHARACTER OR CONDUCT OF USERS AND ASSUME NO RESPONSIBILITY FOR A USER’S COMPLIANCE WITH THESE TERMS OR ANY APPLICABLE LAWS. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER.
WE WILL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN OUR PERFORMANCE UNDER THESE TERMS TO THE EXTENT THE FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, LABOR DISPUTES, STRIKES,LOCKOUTS, SHORTAGES OF OR INABILITY TO OBTAIN LABOR, ENERGY, RAW MATERIALS OR SUPPLIES, WAR, TERRORISM, RIOT, ACTS OF GOD OR GOVERNMENTAL ACTION.
You will indemnify, defend and hold Equipe Technique and its officers, directors, employees, representatives and agents (each an "Indemnified Party"), harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Platform, (b) your User Content or any Work Product related to your use of the Platform, (c) any Service Contract you enter into using Equipe Technique’s online platform including but not limited to your classification as a freelancer or independent contractor, any employment related claims or breach of your Services Contract, (d) your violation of these Terms, (e) your failure to comply with applicable law, (f) your negligence, willful misconduct or fraud, or (g) your violation of any third party right, including but not limited to publicity, intellectual property or privacy rights.
23) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER EQUIPE TECHNIQUE NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES,OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR FOR THE COST OF SUBSTITUTE PLATFORM OF ANY KIND ARISING OUTOF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EQUIPE TECHNIQUE OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.NOTWITHSTANDING THE ABOVE DISCLAIMER, IF A COURT FINDS SUCH DISCLAIMER TO BE INVALID, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL EQUIPE TECHNIQUE’STOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THEUSE OF OR INABILITY TO USE THE PLATFORM EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY USER TO EQUIPE TECHNIQUE FOR USER SUBSCRIPTION SERVICES OVER THE PAST SIX MONTHS OR ONE DOLLAR.THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EQUIPE TECHNIQUE AND YOU. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
24) ACCURACY OF MATERIALS
The materials appearing on Equipe Technique's website could include technical, typographical, or photographic errors. EquipeTechnique does not warrant that any of the materials on its website are accurate, complete or current. Equipe Technique may make changes to the materials contained on its website at any time without notice, however, EquipeTechnique does not make any commitment to update the materials.
Equipe Technique does not review all of the sites linked to and from its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Equipe Technique of the site. Use of any such linked website is at the User's own risk.
Equipe Technique may revise these Terms for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms.
27) BINDING ARBITRATION OF DISPUTES AND CLASS ACTION WAIVER
a) United States Users.
The terms in this Section concerning binding arbitration and a class action waiver do not apply to Users outside of the United States and its Territories.
You and Equipe Technique agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform (collectively,“Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Equipe Technique agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Equipe Technique are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of theseTerms. The Dodd-Frank Wall Street Reform and Consumer Protection Act (PublicLaw 111-203), Ending Forced Arbitration of Sexual Assault and Sexual HarassmentAct (Public Law 117-90) and other applicable laws prohibit mandatory arbitration of certain claims. These mandatory arbitration terms will not apply if prohibited by applicable law.
As limited exceptions to the mandatory arbitration terms above: (i) You or EquipeTechnique may seek to resolve a Dispute in small claims court if it qualifies; and (ii) You or Equipe Technique each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
d) Conducting arbitration and arbitration rules
The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, exceptas modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
e) Arbitration costs
Payment of all filing, administration and arbitrator fees will be governed by the AAARules, and Equipe Technique won’t seek to recover the administration and arbitrator fees Equipe Technique is responsible for paying, unless the arbitrator finds your Dispute frivolous. If Equipe Technique prevails in arbitration, Equipe Technique will pay all of Equipe Technique’s attorneys’ fee and costs and will only seek to recover from you the total amount you would have paid if you filed and litigated your claim in court. If you prevail in arbitration you will be responsible for paying the total amount you would have paid if you filed and litigated your claim in court unless an arbitrator finds you are entitled to an award of attorneys’ fees and expenses.
f) Injunctive and declaratory relief
Except as provided in Section 27(c) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
g) Right to opt out of arbitration
You may opt out of the arbitration provision contained in this section by notifying Equipe Technique in writing within 30 days of the date you first created a profile on Equipe Technique’s platform. To opt out of the arbitration provision, send a written notification to Equipe Technique at email@example.com that includes your name, your address, your telephone number, your e-mail address and a statement indicating that you wish to opt out of the arbitration provision. Opting out of this arbitration provision will not affect any other terms of this agreement. If you do not opt out as provided in this section, continuing to use the Equipe Technique platform constitutes mutual acceptance of the terms of this arbitration provision by you and Equipe Technique. You have the right to consult with an attorney of your choice concerning this agreement and the arbitration provision.
h) Class action waiver
YOU AND EQUIPE TECHNIQUE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
28) RESERVATION OF RIGHTS
Equipe Technique and its licensors exclusively own all right, title and interest in and to the Platform, including all associated intellectual property rights. You acknowledge that the Platform is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.
29) ENTIRE AGREEMENT
These Terms constitute the entire and exclusive understanding and agreement between Equipe Technique and you regarding the Platform, and these Terms supersede and replace all prior oral or written understandings or agreements between EquipeTechnique and you regarding the Platform. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Equipe Technique’s prior written consent. Any attempt by you to assignor transfer these Terms, without such consent, will be null. Equipe Technique may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Equipe Technique under these Terms will be given via email or via messages sent to your Profile account on the Platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
We may suspend or terminate your access to and use of the Platform, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. Termination of your User Account does not terminate any payment or other obligations pursuant to an active Project or Services Contract you entered into with another User.
32) WAIVER OF RIGHTS
Equipe Technique’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Equipe Technique. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
33) CONTACT FOR QUESTIONS
If you have any questions regarding this website or these Terms of Service, please contact our Customer Support Team at firstname.lastname@example.org.