With effect from today, the Freelancer is appointed as a self-employed contractor to the Client to carry out the Services, such services to be provided using reasonable skill and care, through the XpertFinder website (part of Eleos Group Ltd).
How does it work?
1) The client creates an advert, complete with requirements and budget.
2) Freelancers submit a proposal including their bid.
3) The client navigates to ‘Customer Area’ in their account and selects the ‘active quotes’ tab. This provides a list of all proposals.
4) The client has the option to choose from the best proposal by clicking the ‘Choose Winner’ button.
5) The client submits secure payment via Escrow (this will be held with Eleos Group Ltd until both parties agree the job has been completed satisfactorily).
6) Freelancer accesses their account and selects ‘Freelancer’. Selecting the pending projects tab allows secure communication and file sharing between freelancer and client to commence using ‘Workspace’.
7) Freelancer completes the project as per client instructions.
8) Once work is completed, the Freelancer is to select ‘Mark Delivered’ in the ‘Pending Project’ section
9) Client accesses ‘Customer Area’ in their account, selecting the ‘Delivered’ tab shows the completed work. Client can:
a).If Client is happy with the work, the Client can select the ‘Options’ button to click on ‘Mark Complete’.
b). If dissatisfied with the work, the Client can select the ‘Open Dispute’ button, which will allow the Admin to determine how well the work has been completed. Eleos Group Ltd do encourage the Client to give the Freelancer the opportunity to improve their work before contacting Admin.
10) Once marked as complete the client needs to go into the completed tab and select ‘Release Escrow’ next to the project, allowing the funds to be released to the Freelancer.
11) The funds will appear in the Freelancers account minus the commission fee of 12.5%.
12) Client has the option to leave a review under the ‘Reviews’ tab.
13) Tell your friends and family about XpertFinder.co.uk!
During their appointment, the Freelancer agrees:
While the Freelancer’s method of working is entirely their own and they are not subject to the control of the Client, they shall nevertheless comply with any reasonable requests of the Client. If for any reason additional services, or an extension of services, are required additional payment must be reasonably agreed upon between Freelancer and Client.
Fees and Charges
The Freelancer and Client will agree upon a quote for the services to be completed by the Contractor. This quote must include Eleos Group Limited’s fee of 12.5% The process of payments is as follows:
Client will pay through the platform the agreed amount for the work. Eleos Group Limited will hold the funds until the services are complete. Once the Client is satisfied with the work, Eleos Group Limited will release the requested funds, minus the 12.5% fee, to the Contractor.
The funds are payable only in respect of Services actually provided.
Delegation of work
If the Freelancer is unable at any time to perform the services due to circumstances beyond their control, the Freelancer may delegate performance of the services to such suitably qualified and experienced personnel as they may from time to time deem appropriate. This delegation will be subject to the Client’s consent, which will not be unreasonably withheld. The Freelancer must notify the Client if this power to delegate is exercised and provide details of the name and appropriate qualifications of the delegate.
The Contractor must promptly notify the Client in the case of illness or accident that prevents the performance of the services.
Compliance and Safeguarding
Freelancers are required to hold and retain all the educational, vocational, professional and other qualifications. The Company reserves the right, depending on the particular circumstances, to terminate your profile if at any time it is discovered that you do not have any of the claimed qualifications, grades or experience.
The Freelancer is entitled to be reimbursed by the Client for expenses which will be added to the quote provided by the Freelancer prior to payment release from the Client. This must be agreed between both parties. Eleos Group Ltd will not be entitled to reimburse any expenses.
The Freelancer should have all the necessary equipment to perform the services, and is expected to provide and pay for their own tools, machinery, equipment, materials and support staff.
The Freelancer hereby agrees that during the course of their appointment under these terms and conditions they are likely to obtain knowledge of confidential information with regard to the business and financial affairs of the Client and those of the Client’s clients, customers and suppliers, details of which are not in the public domain (“Confidential Information”), and accordingly the Freelancer hereby undertakes to and covenants with the Client that:
The restrictions set out above shall cease to apply to information or knowledge that comes into the public domain otherwise than by reason of the default of the Contractor.
Either party shall have the right at any time to cancel their profile on XpertFinder.co.uk
In addition, Xpertfinder.co.uk, and Eleos Group Ltd, shall have the right to terminate profiles at any time by summary notice without any payment in lieu in the event of the Freelancer or client:
and the Contractor or Client shall have no claim against Eleos Group Ltd in respect of the termination of their appointment for any of the reasons specified above.
The Client and the Freelancer declare and confirm that it is the intention of the parties that the Freelancer shall have the status of a self-employed person and shall be responsible for all income tax liabilities and national insurance or similar contributions in respect of their fees and accordingly the Freelancer hereby agrees to indemnify the Client in respect of any claims that may be made by the relevant authorities against the Client in respect of income tax and national insurance or similar contributions relating to the Freelancer’s services under this contract.
The Freelancer and Client warrants to Eleos Group Ltd that:
Nothing in these terms and conditions shall render or be deemed to render the Freelancer an employee or agent of Eleos Group Ltd and the Freelancer hereby agrees that they are a self-employed independent contractor and not an employee or agent of Eleos Group Ltd. These terms and conditions do not create any mutuality of obligation between the Contractor, Client and Eleos Group Ltd.
The Freelancer does not qualify for any company benefits from Eleos Group Ltd.
If either party to this contract is prevented or delayed in the performance of any of their respective obligations under this contract by “force majeure”, then such party shall be excused from performance for so long as such cause or delay shall continue.
For the purposes of this contract, “force majeure” shall be deemed to be any cause affecting the performance of these terms and conditions arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of either party and shall include, but not be limited to:
The terms and conditions contain the entire agreement and understanding of the parties relating to the subject matter of the terms and conditions and extinguishes all previous agreements between the parties relating to the subject matter hereof.
Survival of causes of action
The termination of profiles howsoever occurring shall not affect the rights and liabilities of the parties already accrued at such time nor affect the continuance in force of such of its provisions as are expressed as or capable of having effect after such termination.
If any provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of these terms and conditions shall continue in full force and effect as if this agreement had been signed with the invalid, illegal or unenforceable provision eliminated.
Law and jurisdiction
The terms and conditions are governed by the laws of England and Wales/Scotland/Northern Ireland and the parties submit to the jurisdiction of the courts of England and Wales/Scotland/Northern Ireland.