If a Client and a Freelancer (defined below) enter into a Service Contract on the Nanojob site, these Service Contract Payment Instructions (“Payment Instructions”) apply. These Payment Instructions govern all Accounts. To the extent permitted by applicable law, we may modify these Payment Instructions without prior notice to you, and any revisions to these Payment Instructions will take effect when posted on the Site unless otherwise stated. The version of these Payment Instructions in effect on the date any Service Contract is entered into apply to that contract. Please check the Site often for updates. These Payment Instructions hereby incorporate by reference the Terms of Service (“Terms of Service”). Capitalized terms not defined in these Payment Instructions are defined in the User Agreement or elsewhere in the Terms of Service, or have the meanings given such terms on the Site. For purposes of these Payment Instructions, the term “Freelancer” means a User with an Account. Payment services are provided by Stripe, Inc.
By clicking to send Job Offer or to accept a Job Offer, Client and Freelancer are deemed to have executed these Payment Instructions electronically, effective on the date Freelancer clicks to accept the engagement, pursuant to California Civil Code Section 1633.8 and the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001, et seq., as may be amended from time to time (the "E-Sign Act"). Doing so constitutes an acknowledgement that Client and Freelancer agree to conduct the transaction electronically, and are able to electronically receive, download, and print these Payment Instructions. All references to the Payment in these Payment Instructions will include the initial Funding Approval and any additional Funding Approval for a Service Contract. Client and Freelancer agree that any written communications required herein may be provided electronically, including by email or support ticket, if applicable. Any communication sent to Nanojob via U.S. mail or similar service will be deemed timely if received by Nanojob by the applicable deadline.
Once a Client and Freelancer have agreed to a Service Contract, and the Client and Freelancer have selected “Agree” on the send offer, accept offer, or pages relating to the Service Contract to accept the Terms of Service (including these Payment Instructions), these Payment Instructions constitute a binding agreement between Client, Freelancer, and Nanojob (collectively, the “Parties”). Client and Freelancer must execute (by digital signature or by a method mutually agreed upon by both parties), and Nanojob must agree to, any supplemental instruction or addition, deletion or alteration thereto in writing (collectively the “Supplemental Payment Instruction”). Nanojob reserves the right to reject any Supplemental Payment Instruction.
By sending a contract offer to Freelancer or accepting a contract offer from Freelancer, Client agrees to pay the Freelancer the funds for the full amount of the Service Contract upon fulfillment of the Service Contract.
Nanojob has a procedure for Service Contracts that appear to be Dormant Engagements (as defined below). For purposes of determining dormant status, “activity” means a change to the Service Contract, or requests to close the Service Contract.
A “Dormant Engagement” is a Service Contract that has had no activity for 90 consecutive calendar days contained in the Service Contract terms (“Dormant Date”). Dormant Engagements are subject to the following rules:
Client and Freelancer are deemed to and hereby agree that the instruction to Nanojob and its wholly owned subsidiaries to transfer funds is irrevocable, except as explicitly provided in these Payment Instructions. Without limiting the foregoing, Client’s instruction to Nanojob and its wholly owned subsidiaries to transfer payment to Freelancer is irrevocable. Such instruction is Client’s authorization to transfer funds to the Freelancer Account from the Client Account or authorization to charge Client’s Payment Method. Such instruction is also Client’s representation that Client has received, inspected, and accepted the subject work or expense. Client acknowledges and agrees that upon receipt of Client’s instruction to transfer payment to the Freelancer Account, Nanojob will transfer funds to the Freelancer Account and that Nanojob, and other Affiliates have no responsibility to and may not be able to recover such funds. Therefore, and in consideration of the services described in these Payment Instructions and the Terms of Service, Client agrees that once Nanojob or its subsidiaries or Affiliates have charged Client’s Payment Method, the charge is non-refundable. Client and Freelancer further agree that the only manner in which an instruction to Nanojob is revocable is if Client and Freelancer have jointly submitted Supplemental Payment Instructions in writing and signed by both Client and Freelancer to Nanojob at [email protected] requesting that Nanojob take specific action with respect to the funds in its possession, and Nanojob has agreed to the Supplemental Payment Instructions.
If Freelancer wants to cancel a Service Contract, Freelancer must select “Stop Job” on the Nanojob platform. When Freelancer ends the Service Contract on the Nanojob platform, Freelancer and Client agree that the Service Contract will be terminated and no further action will be required from either the Client or Freelancer.
If Client wants to cancel a Service Contract, Client must select “Stop Job” on the Nanojob platform. When Client ends the Service Contract on the Nanojob platform, Freelancer and Client agree that the Service Contract will be terminated and no further action will be required from either the Client or Freelancer.
Freelancer and Client acknowledge and agree that if, in Nanojob’s sole discretion, Nanojob believes that fraud, illegal activity, or a violation of the Terms of Service has been committed or is being committed or attempted, then Client and Freelancer irrevocably authorize and instruct Nanojob to take such actions as deemed appropriate, in Nanojob’s sole discretion and in accordance with applicable law, in order to prevent or remedy such acts, including without limitation, to terminate a Service Contract.
If Client and Freelancer fail to come to a mutual resolution, Nanojob will not provide dispute assistance as a mechanism to resolve the dispute.
All notices to a User required by these Payment Instructions will be made via email sent by Nanojob to the User’s registered email address. Users are solely responsible for maintaining a current, active email address registered with Nanojob, for checking their registered email address and for responding to notices sent by Nanojob to the User’s registered email address.
Nanojob and Affiliates merely provide a platform for Internet payment services. Nanojob and Affiliates do not have any responsibility or control over the Freelancer Services that Client purchases. Nothing in this Agreement deems or will be interpreted to deem Nanojob or any Affiliate as Client’s or Freelancer’s agent with respect to any Freelancer Services, or expand or modify any warranty, liability or indemnity stated in the Terms of Service. For example, Nanojob does not guarantee the performance, functionality, quality, or timeliness of Freelancer Services or that a Client can or will make payments.