Terms & Conditions – ITFreelances.com (ITF)
These are our Terms & Conditions. Please read carefully before accepting. They may change as our site develops.
1. Word explanation
- A 'Company' is someone buying services from a Freelance on ITF.
- A 'Freelance' is someone selling services to a Company on ITF.
- A 'Proposal' is an offer for a service made by a Freelance to a Company, with a quotation. The quotation may be for a fixed price, a Per Hour fee or a Monthly fee.
- A 'Job' is a piece of work that a Freelance does for a Company, which the Company Posts or allocates via our site, Jobs which Freelances send a Proposal for, or Jobs where Companies directly approach Freelances on the site.
All communication between Company and Freelance should be via ITF Mail system which is conducted in private. Via the ITF Mail system, the two parties can exchange information including attachments, send a Proposal, agree on interviews and sign off for a project. All direct communication between Company and Freelance should go via the ITF Mail system to keep you protected in case of a Dispute.
Payments between Company and Freelance must be processed directly; both for work sourced on ITF and for any follow on work between the Company and Freelance, either for the same Job or another Job.
To use the site, you will have to register for an account, provide accurate and complete information, and keep your account information updated. Both Companies and Freelances have to agree to the terms of ITF which may be different between the Company and Freelance. This Terms and Condition includes Terms and Condition for both Freelancers and Companies.
You may use your company names or company logos / imagery in your Profile or promote contact details anywhere on your profile. Each account must be a personal account, but you may trade as a sole trader, company or any other permitted legal entity (incorporated or unincorporated).
3. Jobs and Payment
Company and Freelance agrees directly on payment, start date, end date and create a direct service contract between them. ITF is not party to that contract. Ownership in and to any materials and or deliverables arising from a Job and any intellectual property rights therein, belong to and / or will be assigned to the Company upon successful payment for the Job. If the Company and Freelance wish to include any special terms of the contract (for example, in relation to the ownership of the work produced, ownership of intellectual property rights or special rights of termination), the Company and Freelance should negotiate and document these terms.
When the Job is completed and paid by the Company, the Company is asked to review the Freelance and provide both qualitative feedback and a rating from 1- 5. This rating is used to calculate your ranking on ITF. Please be honest in these appraisals as they can affect Freelances and Companies.
4. ITF Fees
ITF does not charge a fee to the Company. The standard service provided on itfreelance.eu portal is free..
Companies has the option to mark a Job Posted as ‘Urgent’ with a prominent background that will make it stand out. Also Freelancers will be able to search for especially urgent job postings. This has a one time fee of 10 Euro.
4.2.1 "Standard account"
ITF does not charge a fee to the freelancer. The standard service provided on itfreelance.eu portal is free.
4.2.2 "Premium account"
- 1. Pay 4.95 Euro per month (1 year subscription)
- 2. Or pay 9.95 (6 month subscription)
- 3. Invoicing is directly between the freelancer and companies.
5. Dispute Resolution
A Company can raise a Dispute for an Invoice within 7 days from the day it was raised by a Freelance by contacting ITF instead of paying the Invoice. If you are a Freelance you must first raise an Invoice before a Dispute is raised.
We advise that if you suspect that a Dispute may occur you contact us at support (at) ITFreelances.com the soonest to help prevent it.
Once a Dispute is raised ITF will mediate it subject to the following conditions being met:
a. there is evidence of communication in the ITF Mail system. This is the only communication which can be submitted as evidence for the Dispute;
b. here is evidence that both parties have good intent and tried to resolve the issue between themselves before contacting ITF;
c. both parties have given a second attempt to complete / rectify the Job;
d. the Dispute has been raised no more than 7 days of the Invoice being raised;
e. the party raising the Dispute can demonstrate that their set expectations were reasonable and have not been met within the defined timescale;
f. both Company and Freelance are not in violation of these Terms & Conditions.
ITF's involvement with the Dispute ends when all evidence has been handed out to both parties.
6. Intellectual Property and Ownership
6.1 What is Content?
‘Content’ includes, such things as data, text, photographs, videos, audio clips, written posts and comments, graphics, User content (defined below) and interactive features generated, provided, or otherwise made accessible on or through the services.
6.2 What is User Content?
All Content uploaded, submitted, distributed, or posted to the services by Users, including without limitation, Proposals and communication via the ITF Mail system. User Content does not include any materials or deliverables, or intellectual property therein arising from a Job, which belong to the Company pursuant to section 2. Collectively "User Content", is the sole responsibility of the person who originated it. All Content, including User Content, accessed by you using the services is entirely at your own risk.
6.3 Licenses We Grant You
We grant each User of our services a license to use Content solely for purposes of using the services.
6.4 Licenses You Grant Us and Others in User Content
In order to allow us to run the service, you grant us a license to use your User Content as described in greater detail above. Specifically, by submitting User Content through the services, you grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with our site, the services and our (and our successors’ and assigns’) businesses, in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of Your account or the services. You also grant each User of the site and/or the services a non-exclusive, perpetual license to access your User Content through the site and/or the services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of Your account or the services. You represent and warrant that You have all rights to grant such licenses to us without infringement or violation of any third party rights. The grant of licenses above does not confer on Us any rights of ownership to Your User Content. We do not own any intellectual property rights or have any rights in any work, materials or deliverables developed and created by You under a Job.
6.5 Availability of Content
We reserve the right, but do not have any obligation, to remove, edit, modify or block any Content in our sole discretion, at any time, without notice to you and for any reason or for no reason at all.
7. About ITFreelances.com and legal obligations
We are ITFreelances.com owned by Asystem Espana S.L in Spain under company number CIF: B93019891.
7.1 Our Status:
We are solely a marketplace for Companies and Freelances to interact. We may help Companies to find Freelancers via our Website, but it is solely the Companies themselves that decides if they want to Contract a Freelancer or not. As a result, we are not regulated under Employment Law in Spain or other employment agency laws do not apply to us.
If you are under the age of 18, you may not use the services on our website. We reserve the right to refuse to offer the services to any person or entity and change eligibility criteria at any time. Where these terms or use of the services is prohibited or conflicts with any applicable law, rule or regulation, the right to access the services is revoked.
7.3 Termination / Suspension
Termination of a Job occurs:
a. If both parties mutually agree to terminate;
b. If an Invoice that was raised has not been paid within 30 days and is either retracted or put in dispute; or
c. In case the Company or Freelance requests to terminate a Job, the other person must be notified via the ITF Mail system.
d. ITF can terminate any Company and / or Freelance account on written notice to the Company or Freelance. However, we will provide the Company and / or Freelance with reasonable notification of the proposed termination and we will allow the Company and / or Freelance reasonable opportunity to rectify any breach of these terms and conditions before terminating.
We may remove you, warn other Companies and Freelances of your actions, issue a warning, temporarily or indefinitely suspend or terminate your access to the marketplace if:
a. You breach these terms and conditions;
b. We are unable to verify or authenticate any information you provide to us;
c. We believe that your actions may cause any loss or liability to our Companies and Freelances or us; or
d. If you do not perform your Jobs.
7.3.1 Our obligation to You
We try to keep our site running at all times, but we cannot guarantee this. We also try to make sure that all the information that we place on the marketplace is accurate, but we cannot guarantee this as well.
We will try to:
a. Verify the identities of Companies and Freelances by performing checks.
b. Investigate any alleged breach of these terms and conditions and take appropriate action; and
c. Process all personal data in accordance with our obligations under data protection legislation.
We cannot guarantee continuous, uninterrupted or secure access to the marketplace as it may be interfered with by factors outside of our control.
We do not control any information provided by Companies and Freelances that is placed in the ITF Website.
We take reasonable steps to monitor information which is posted in the ITF Website, including but not limited to any Proposal, Job Posting or ITF Mail system and may require the removal of any information which breaches our Rules of Conduct.
7.4 Rules of Conduct
If you are a Company and / or Freelance you promise that:
a. You are able to pay for the services if you are a Company and perform the services if you are a Freelance;
b. You are not in breach of any applicable laws, rules or regulations or obligations to any other person; and
c. You have made and will make all required legal and tax filings. If relevant, you will file all necessary legal documentation relating to your self-employment required by any governmental body, and pay all applicable taxes including without limitation PAYE or other income tax and national insurance.
You shall not (and shall not permit) any third party to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, Job, or Proposal on or through the services we provide, including without limitation any User Content, that:
a. Infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty
b. You know is false, misleading, untruthful or inaccurate;
c. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, obscene, vulgar, pornographic, d. offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
d. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
e. Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
f. Impersonates any person or entity, including any of our employees or representatives; or
g. Includes anyone's identification documents or sensitive financial information.
You shall not:
a. Take any action that imposes an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
b. Interfere with the proper working of the services we provide or any activities conducted on the services;
c. Attempt to bypass or circumvent any measures we may use to prevent or restrict access to the services;
d. Run any form of auto-responder or ‘spam’ on the services;
e. Use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the site;
f. Harvest or scrape any Content from the services; or
g. Otherwise take any action in violation of our guidelines and policies.
It is also not allowed to:
a. Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the services, except to the limited extent applicable laws specifically prohibit such restriction;
b. Modify, translate, or otherwise create derivative works of any part of the services; or
c. Copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all applicable local, national and international laws and regulations.
7.5 Data Protection
Trust and Safety is very important to ITF and is enforced vigorously as outlined in our Trust & Safety Policy. Violation of our Trust & Safety rules can lead to permanent closure of your account.
7.6 Governing Law
These Terms & Conditions and any Dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Spain.
The courts of Spain shall have non-exclusive jurisdiction to settle any Dispute or claim that arises out of or in connection with these Terms & Conditions or their subject matter or formation (including non-contractual disputes or claims).
8. Privacy Statement
This website ("ITFreelances.com") is operated by Asystem Espana S.L, a company incorporated in Spain, registered company number CIF: B93019891, whose registered address is Avenida Alcalde Clemente Díaz Ruíz, 14, 29640 Fuengirola (Málaga), Spain, The terms "ITF" "ITFreelances.com " , "we", "us", "our" and "ours" when used in this Privacy Statement mean Asystem Espana S.L which includes both subsidiaries, divisions, branches, affiliates or companies under the control of Asystem Espana S.L. The terms "you", "your" and "yours" when used in this Privacy Statement mean any user of this website. IMPORTANT: BY SUBMITTING PERSONAL DATA TO US AND/OR BY USING OUR WEBSITE YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW.
8.1 Scope of Privacy Statement
We are committed to the privacy and confidentiality of information provided by you to us. This Privacy Statement describes our current policies and practices with regard to Personal Data collected by us from you directly and/or through the website to the extent that such Personal Data is protected by applicable European data protection laws. The term "Personal Data" refers to personally identifiable information about you, such as your name, Job description, health related data, birthday, e-mail address or mailing address.
8.2 Notification of changes to Privacy Statement
We are continually improving our methods of communication and adding new functionality and features to this website and to our existing services. Because of these ongoing changes, changes in the law and the changing nature of technology, our data practices will change from time to time. If and when our data practices change, we will notify you and the local data authority where required by law of the changes. We encourage you to check this page frequently.
8.3 Collection of Personal Data including e-mail Addresses
You may choose to buy products or services using the website or receive additional information or services from us. When you purchase our products or request additional information, we request personal information about you such as your name, postal address, e-mail address, telephone number and payment details. We may also ask for demographic information to enable us to provide a personalized service to you. The information you provide is either manually or electronically stored in our databases. We sometimes supplement the information that you provide with information that is received from third parties. For instance, if inaccurate postcodes are received, we may use third party software to fix them.
8.4 Use of Personal Data
We will use your Personal Data to fulfill your requests and we will ask only for data that is adequate, relevant and not excessive for those purposes. Where we send you information for any purpose, it may be sent by e-mail or post. When we ask you for Personal Data it may include the following purposes:
- We may contact you occasionally to inform you of new products and services we will be providing;
- We may send you regular updates on issues we think will be of interest to you;
- We may send you requested information on our products and services;
- We may use your Personal Data for marketing purposes and market research; and
- We may use your Personal Data internally to administer this website and help us improve our services.
We hope you will be delighted with our products and services. However, if you do not wish to receive e-mails from us and want to be removed from our electronic mailing list, please e-mail us at the address given below with "Email Unsubscribe" in the subject heading.
If you also wish to be removed from our post marketing database, please let us know by e-mailing us at the address given below with "Mail Unsubscribe" in the subject heading or writing to us at the address given below.
8.6 Anonymous Data Collected Through this Website
In addition to the information we collect as described above, we use technology to collect anonymous information about the use of our website. For example, our web server automatically logs which pages of our website our visitors view, their IP addresses and which web browsers our visitors use. This technology does not identify you personally; it simply enables us to compile statistics about our visitors and their use of our website.
Our website contains Hyperlinks to other pages on our website. We may use technology to track how often these links are used and which pages on our website our visitors choose to view. Again this technology does not identify you personally - it simply enables us to compile statistics about the use of these Hyperlinks.
In order to collect the anonymous data described in the preceding paragraph, we may use temporary "cookies" that remain in the cookies file of your browser until the browser is closed. Cookies by themselves cannot be used to discover the identity of the user. A cookie is a small piece of information which is sent to your browser and stored on your computer's hard drive. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. We also use your IP address to help diagnose problems with our server and to administer our website. An IP address is a numeric code that identifies your computer on a network, or in this case, the Internet. Your IP address is also used to gather broad demographic information. We may also perform IP lookups to determine which domain you are coming from to more accurately gauge our users' demographics.
8.8 Disclosure of your Personal Data
We do not share, sell or distribute your Personal Data with unrelated third parties, except as otherwise provided for in this Privacy Statement and under these limited circumstances:
- In order to provide you with the information or products which you have requested, Personal Data may occasionally be transferred or shared with other companies within our group of companies or third parties who act for us for further processing in accordance with the purposes for which the data was originally collected or for purposes to which you have subsequently consented. For example, sometimes a third party may have access to your Personal Data in order to support our information technology or to handle mailings on our behalf.
- We will keep your contact details on our database and may, from time to time, e-mail or post you information to make you aware of our other similar products and services which may be of interest to you. If you do not wish to receive e-mails or post from us for these purposes, please let us know by following the "unsubscribe" procedure set out above.
- Where you have consented, we may also share your Personal Data with other companies within our group of companies or disclose your Personal Data to other businesses who may contact you about their products or services that may interest you.
- We may share, transfer or disclose the information in our databases and server logs to comply with a legal requirement, for the administration of justice, interacting with anti-fraud databases, to protect your vital interests, to protect the security or integrity of our databases or this website, to take precautions against legal liability, or in the event of our sale, merger, reorganization, dissolution or similar event. We will inform you of any such transfer or disclosure as required by law.
Where appropriate, before disclosing Personal Data to a third party, we contractually require the third party to take adequate precautions to protect that data and to comply with applicable law.
8.9 Data Access and Corrections
Upon receipt of your written request and enough information to permit us to identify your Personal Data, we will disclose to you the Personal Data we hold about you, for which we may make a charge up to the maximum as allowed by applicable law. We will also correct, amend or delete any Personal Data that is inaccurate and notify any third party recipients of the necessary changes. You may update any information you have given to us by contacting us at the addresses given below.
Requests to delete Personal Data are subject to any applicable legal and ethical reporting or document retention obligations imposed on us.
8.10 Links to Other Websites
8.11 Transfer of Data Abroad
If you are visiting this website from a country other than the country in which our servers are located (currently in Spain), the various communications will necessarily result in the transfer of information across international boundaries.
We may also transfer your Personal Data between our offices and third party processors which may be located worldwide. Where your Personal Data is transferred to a country outside the European Economic Area, we will ensure that recipients of your Personal Data agree to keep your Personal Data confidential and hold it securely in accordance with applicable data protection laws.
8.12 Governing Law
This Privacy Statement forms part of our website Terms of Business and the substantive laws of Spain govern any controversy or claim of whatever nature arising out of or relating to the use of this website, without regard to any conflict of law’s provisions. All actions or proceedings arising out of or relating to this Privacy Statement, its validity, performance, enforcement or breach, or the subject matter of this Privacy Statement may be heard in the courts of Spain and you hereby irrevocably consent and submit yourself to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of this agreement is taking place or originating.
We welcome comments about this Privacy Statement. If you have any questions about this Statement or any part of our service, you may contact us by e-mailing, Phone or visit us at our office at the address shown on our Site under the 'Contact Us' section.