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Freelance Programmers For Hire

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Terms and Conditions

	Please review carefully the terms and conditions set forth below before using the RENTACODER.CA web site. The terms "You", "Your", "User", or "Users" refer to anyone accessing our services or web site for any reason. The terms "We", "Us", or "Our" refer to RENTACODER.CA (or Rentacoder). The RENTACODER.CA web site is offered to you conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein. RENTACODER.CA may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your use of the RENTACODER.CA web site constitutes your agreement to all such terms, conditions, restrictions and notices. Note: For purposes of this agreement, Users are classified as Service Buyers or Service Providers, or Hirers or Freelancers, respectively or jointly as the "Parties" and individually as a "Party". These terms and conditions constitute the entire agreement between you and RENTACODER.CA as to its subject matter. If you do not agree to any of these terms and conditions you should immediately cease to use RENTACODER.CA's website. ELIGIBILITY FOR REQUIREMENTS RENTACODER.CA shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service. RENTACODER.CA's web site is available only to individuals or entities who can form legally binding contracts under applicable law. The services of this web site are not available to minors. If Users do not qualify, they cannot legally use any of RENTACODER.CA's services including, but not limited to, those that require the User's ability to form legally binding contracts. REMOVAL FROM NETWORK RENTACODER.CA reserves the right to terminate the participation of any member or site without reason but expressly including any member site that RENTACODER.CA judges to be in violation of the Terms and Conditions. Members in violation of RENTACODER.CA's Terms and Conditions will be immediately deactivated. RENTACODER.CA may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from RENTACODER.CA. Members that are terminated by RENTACODER.CA on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from RENTACODER.CA. DESCRIPTION OF SERVICES RENTACODER.CA offers a wide range of tools, content, products, services, benefits, and other resources on its RENTACODER.CA web site of particular interest to freelancers and to enable freelancers to efficiently and cost effectively manage their careers, professions, and businesses. These services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services or content (in whole or in part), access to this service or use of this service. Some of the services offered at RENTACODER.CA may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and RENTACODER.CA and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content. User understands and agrees to the following: Some of the content provided at RENTACODER.CA may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that RENTACODER.CA provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice. RENTACODER.CA is a dynamic time-sensitive web site. As such, the information on RENTACODER.CA will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by RENTACODER.CA or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose. RENTACODER.CA provides unmonitored access to third-party content. RENTACODER.CA is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. RENTACODER.CA does not control nor always review the web sites to which we link from RENTACODER.CA. RENTACODER.CA, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from RENTACODER.CA, and Users should not treat any link as such an endorsement or acceptance of veracity or value. RENTACODER.CA does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. RENTACODER.CA does expect that the User will undertake necessary activities and practices and will use caution and common sense when using RENTACODER.CA for User's account. MILESTONE PAYMENTS RENTACODER.CA is not an escrow service. RENTACODER.CA does have, however, a special, non-compulsory feature, which allows controlled payments to be made with a project to a Freelancer. At your request, RENTACODER.CA will accept an advance payment from a Hirer for a project. We will hold such funds ("Milestone Payments") until the Hirer and the Freelancer agree that the funds should be released to the Freelancer or until the Hirer and the Freelancer have concluded the process of the Dispute Resolution Services (as defined below) Once a Hirer instructs RENTACODER.CA to pay a Freelancer that performed a service for him/her, the Hirer acknowledges that the Freelancer has completed the service fully and satisfactory. RENTACODER.CA will then disburse the Milestone Payment to the Freelancer. If a Hirer does not approve of the Freelancers work product, the Parties agree to be bound by the terms of Dispute Resolution Services below. PAYMENTS RENTACODER.CA will typically print and mail cheques if the member requests it AND their account balance is equal to or greater than $30. This also applies to payments made through the PayPal service. All amounts are stated in and all payments will be made in US funds. RENTACODER.CA reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen creditcard) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your RENTACODER.CA account or face account termination and any other remedies available to RENTACODER.CA to recover its funds. As previously stated, any member site that RENTACODER.CA removes from the service due to violation of the Terms and Conditions will receive no credit or payment. RENTACODER.CA requires you to make all payments to RENTACODER.CA and to make payments to and accept payments from other Users in the purchase and sale of Services for RENTACODER.CA Projects directly through the mechanisms available on the RENTACODER.CA site. You understand and agree that RENTACODER.CA will not hold funds (including Milestone Payments) delivered to RENTACODER.CA from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of RENTACODER.CA in any account, at any institution, or in any other manner RENTACODER.CA may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by RENTACODER.CA for general corporate purposes or otherwise, provided that RENTACODER.CA will remain contractually obligated to make payment to you, as a Freelancer or Hirer, for any purchases and sales of Services provided by you through RENTACODER.CA. To the extent RENTACODER.CA is obligated to make payment to you, you will be an unsecured creditor of RENTACODER.CA. Any interest earned on funds held by RENTACODER.CA will belong to RENTACODER.CA. Users will not be paid interest on funds held by RENTACODER.CA, and RENTACODER.CA will not be liable for any lost interest on such funds. You acknowledge that: (1) RENTACODER.CA is not a bank or other licensed financial institution; (2) the amounts shown as on deposit, including Milestone Payments, in a User account are not segregated into a separate account but represent unsecured obligations of RENTACODER.CA to the User with respect to the purchase and sale of Services through RENTACODER.CA; (3) RENTACODER.CA is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED OR GUARANTEED DEPOSITS. Your account will not constitute an escrow. By initiating and sending payments through RENTACODER.CA, you appoint RENTACODER.CA as your agent to obtain the funds and hold and to transfer such funds to the Freelancer or Hirer for Services, subject to these terms and conditions. TAXES You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by RENTACODER.CA. These taxes will be added to fees billed to you, if applicable. E-MAIL ADDRESSES Members agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by RENTACODER.CA at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Service Provider (or you are the Service Provider chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, etc... See "Avoiding Commissions" below for the reason. PROVIDING CONTACT INFORMATION You are prohibited from making direct contact with another member, unless it's for a project you (a Service Provider) have been picked for, or you (a Service Buyer) have picked a Service Provider for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. RENTACODER.CA provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Fulltime" projects. If a project has the "Fulltime" graphic on it, that means the Service Buyer has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board. AVOIDING COMMISSIONS You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of RENTACODER.CA) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without a Service Provider being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying RENTACODER.CA if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying RENTACODER.CA, will be considered an attempt to avoid the commissions. When a Service Provider requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the Service Provider has failed to notify RENTACODER.CA staff of a payment received above the amount of his bid (a total payment above US$100), RENTACODER.CA reserves the right to deduct double the fee for the amount that should have been reported. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on RENTACODER.CA. COPYRIGHTS No copyrighted material can be posted on RENTACODER.CA. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights. USER CONTENT User is solely responsible for content or any other information User provides to RENTACODER.CA. User understands and agrees to the following: RENTACODER.CA is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. RENTACODER.CA has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for RENTACODER.CA, harm its business operation or reputation, or cause RENTACODER.CA to lose the services of its suppliers. User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. By submitting User content to RENTACODER.CA (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a Project; sending messages through or to RENTACODER.CA). You hereby grant to RENTACODER.CA a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of RENTACODER.CA (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant. User Restrictions ADVERTISING Users are prohibited from advertising their website on RENTACODER.CA. Any URL posted in a bid, project description, or the message board, must relate to a project on RENTACODER.CA. An example of a permissible URL: User's portfolio or resume' page. BIDDING Service Providers can only place bids that equal the total amount of money or less that the Hirer is requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This also applies to Service Buyers. Service Buyers cannot create projects that directly or indirectly require Service Providers to place hourly or other abnormal bids. HIRER AGREES THAT: Hirer will not redistribute any of the content on RENTACODER.CA. Hirer will not use Hirer's Account to post false or misleading project descriptions. Hirer will not post project descriptions that, in the judgement and discretion of RENTACODER.CA, are inappropriate to RENTACODER.CA's audience, viewers, or visitors in the judgment and discretion of RENTACODER.CA. Hirer agree to pay featured project fee if project posted should have been posted as featured. Hirer agree to pay fulltime project fee if project posted should have been posted as fulltime. Hirer will not falsify Hirer's own or any other identity. Hirer will comply with all RENTACODER.CA's policies. FREELANCER AGREES THAT: Freelancers are strictly forbidden to redistribute any of the content (information) on RENTACODER.CA, including but not necessary limited to private messages, documents,support tickets. Freelancer will not falsify Freelancer's own or any other identity. Freelancer will comply with all RENTACODER.CA policies. GENERAL RESTRICTIONS Users (Hirers and Freelancers) will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the RENTACODER.CA web site or the content contained therein without the prior written permission of RENTACODER.CA. Users (Hirers and Freelancers) will not distribute unsolicited commercial messages ("spam") through User's account. Users (Hirers and Freelancers) will not contact employers or freelancers through our site or through information gained from our site with the intent of subverting them from using our services. Users (Hirers and Freelancers) will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices. Users (Hirers and Freelancers) will not create multiple user accounts to avoid fees, suspension or bad ratings on RENTACODER.CA. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA Your personal information will be processed by RENTACODER.CA in order to fulfil the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between RENTACODER.CA and any associated entity within the RENTACODER.CA organisation. At such transfer, personal data may be transferred outside the EEC-area. The consent hereby given can in whole or in part be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below. RENTACODER.CA discloses sensitive personal information only if required to comply with legal obligations or with your consent. LIMITATION OF LIABILITY LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT POSSIBLE UNDER THE RELEVANT LAWS RENTACODER.CA EXPRESSLY DISCLAIMS ALL LIABILITIES FOR ANY LOSS, CLAIM, DAMAGE OR PENALTY A USER SUFFERS DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USE OF THE RENTACODER.CA WEBSITE. RENTACODER.CA MAKES NO GUARANTEE, INDEMNITY OR WARRANTY, EXPRESS OR IMPLIED IN RESPECT OF THE USE OF THE RENTACODER.CA WEBSITE APPLICABLE LAW Any dispute arising out of or in connection with these User Terms shall be governed by the laws of Canada.
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