Crelancer LLC Terms and Conditions

These Terms and Conditions govern the use of the Crelancer LLC (“Crelancer”) platform, a specialized marketplace connecting clients with commercial real estate freelancers. By using Crelancer, users agree to these terms (“Terms”) and all applicable laws and regulations. “Users” or “parties” shall refer to both freelancers and clients unless otherwise specified.

  • Freelancer Application Process: Freelancers are required to submit a detailed resume and portfolio showcasing their qualifications and experience in the commercial real estate sector through the Crelancer website to apply. Submission of an application does not guarantee acceptance onto the Crelancer platform. Crelancer reserves the right to accept or reject applications at its sole discretion without providing reasons for the decision.
  • Client Registration and Project Posting: Clients must register by providing accurate and complete information regarding their identity and project needs. All project postings by clients should detail the specific requirements, scope, and expectations to enable freelancers to understand and bid on the project accurately. Any changes to project requirements must be communicated to the freelancer through the platform in a timely manner.
  • User Account Responsibility: Freelancers and clients are individually responsible for the security and proper use of their accounts on the Crelancer platform. This includes safeguarding account credentials, monitoring account activity, and promptly reporting any suspected unauthorized use or security breaches to Crelancer. Users must ensure that the information associated with their accounts, including contact details and professional credentials, is kept accurate and up to date. Crelancer is not responsible for any loss, damage, or other liabilities that may arise from unauthorized account access, account misuse, or data theft due to users’ negligence in securing their account credentials.
  • Crelancer's Authority to Suspend or Terminate Services: Crelancer reserves the right to suspend or terminate a user’s account and access to its services at any time and for any reason. This may include, but is not limited to, violations of these Terms, policy breaches, fraudulent activities, or actions that harm the integrity or operational effectiveness of the platform. In the case of suspension or termination, Crelancer will communicate the decision to the affected user, along with the reasons for such action, where appropriate and feasible.
  • Service Contract Formation and Governance: A "Service Contract" between a freelancer and a client is automatically formed when they agree to engage in a project on the Crelancer platform. While a Service Contract is formed by the mutual agreement to engage in a project, Crelancer strongly encourages both freelancers and clients to comprehensively agree on and document all project specifics, including the scope of work, expected deliverables, deadlines, milestones, and any necessary resources. All Service Contracts are subject to these Terms. In the event of any inconsistency or conflict between the terms of a Service Contract and these Terms, these Terms shall prevail. Both parties bear the responsibility for ensuring clarity and completeness in their Service Contracts. Ambiguities or omissions in a Service Contract may lead to disputes, and parties are encouraged to seek clarification within the platform's framework before proceeding with the project. Any amendments to a Service Contract should be agreed upon in writing by both parties. Freelancers and clients must ensure their Service Contracts, including any amendments, comply with the Terms.
  • Payment and Fees: All services rendered through the Crelancer platform involve a payment process managed by Stripe, a third-party payment processing service. Under this system, the client's payment for each milestone is automatically charged as the milestone commences. The process ensures that funds are held securely by Stripe, similar to an escrow arrangement, until the work is acknowledged and approved by the client. In accordance with the Service Contract, clients must fund the total agreed amount, or the initial milestone payment, via Stripe before the freelancer starts work. These funds will be held until the conditions for release are satisfied. Upon the client's approval of a milestone on crelancer.com, the corresponding funds are transferred to the freelancer's connected Stripe account. In the event that Stripe is unable to charge the client, the milestone will not be initiated. Similarly, if Stripe is unable to transfer funds to the freelancer, the milestone is deemed incomplete, prompting the client to address the issue directly with Crelancer. In the case of disputes or necessary revisions, the release of funds may be delayed. Besides the freelancer’s fee, a service fee of five percent (5%) is levied on the client for each transaction. An additional service fee of ten percent (10%) of the total payment amount is deducted from the funds released to the freelancer. Crelancer reserves the right to modify these fees as necessary. All parties, including clients and freelancers, agree to comply with all applicable payment processing requirements, encompassing ACH authorizations, credit card processing rules, and other relevant payment methods on the platform.
  • Project Submission and Approval: Freelancers must submit their completed work through the Crelancer platform. Upon submission, clients have fourteen (14) days to review the work and either approve it or request changes. Upon client approval, or following the review period with no request for revisions by the client, the payment held by Stripe will be released to the freelancer. If the client requests changes, the specifics of the revisions and any impact on the payment release will be negotiated in accordance with the terms of the Service Contract.
  • Tax Responsibilities: Freelancers engaged through the Crelancer platform operate as independent contractors, not as employees of Crelancer. As such, they will be treated as 1099 independent contractors for tax purposes in jurisdictions where this classification is applicable. Each freelancer is solely responsible for determining and fulfilling their own tax obligations, including but not limited to income tax, self-employment tax, and any other applicable federal, state, local, or international taxes. Freelancers are advised to consult with a tax professional to understand and comply with their tax responsibilities. Clients using the Crelancer platform are responsible for any applicable taxes related to the services they receive. Crelancer is not responsible for withholding any taxes on behalf of the freelancers or clients. The platform does not act as an employer with respect to the services provided by freelancers and therefore will not withhold taxes or provide tax forms, except as required by law.
  • Force Majeure: For the purposes of these Terms, a "Force Majeure Event" refers to any event beyond the reasonable control of Crelancer, including but not limited to natural disasters (such as floods, earthquakes, hurricanes), war, terrorism, civil unrest, labor strikes, epidemics, pandemics, governmental actions, and widespread telecommunications, internet, or electrical outages. Upon the occurrence of a Force Majeure Event, Crelancer will endeavor to notify users promptly of any platform interruptions or delays. Additionally, Crelancer will make all reasonable efforts to mitigate the effects of a Force Majeure Event and to resume full performance of its platform as soon as possible after the cessation of the event. Users acknowledge that in the event of a Force Majeure Event, Crelancer’s platform, website, and other services may be interrupted, delayed, or suspended, and agree that Crelancer shall not be liable for any losses or damages arising from such interruptions, delays, or suspensions.
  • Code of Conduct Between Freelancer and Client:
    • a.
      Professional Conduct: All users are expected to maintain professionalism, treat others with respect, and uphold the community standards of Crelancer.
    • b.
      Project Management and Timelines: Freelancers are expected to honor all project deadlines and milestones per the Service Contract. They should proactively manage their workload to prevent delays and communicate promptly with the client if an extension is necessary. Clients must provide detailed instructions, required materials, and realistic deadlines at the project's outset. They should also commit to reviewing deliverables and providing feedback within agreed timelines to avoid project standstills. Both parties should engage in regular, clear communication to ensure mutual understanding and alignment on project progress and any required adjustments to scope or timelines.
    • c.
      Quality Standards: Freelancers must ensure that their work meets or surpasses the quality standards specified in the Service Contract. Clients have a responsibility to provide timely and constructive feedback that aids freelancers in meeting the project's objectives and, where necessary, in enhancing the quality of their output. Both parties should maintain a collaborative approach to revisions and quality improvements, with freelancers being receptive to feedback and clients being clear and fair in their expectations and assessments.
    • d.
      Communication: Freelancer and client are expected to communicate promptly and professionally with each other.
    • e.
      Honesty and Transparency: Freelancers must provide a truthful and accurate representation of their skills, qualifications, experience, and portfolio. This includes any credentials, education, past project examples, or client testimonials presented on the platform. Any misrepresentation by a freelancer regarding their abilities or experience is a breach of these terms and could result in immediate suspension or termination of the freelancer's account. Freelancers are required to engage in honest dialogue with clients regarding their capacity to meet the requirements and expectations of a project before agreeing to undertake the work. Clients are expected to present a clear, factual, and comprehensive description of their project requirements when posting jobs on the platform. This includes project scope, expected deliverables, deadlines, and any necessary background information or resources that a freelancer would reasonably need to complete the task. Clients must not conceal or omit any information that would be material to a freelancer's decision to take on a project, including but not limited to expected hours, complexity, and required expertise. Any misrepresentation by a client regarding project details, intentionally or unintentionally, may result in the removal of the project from the platform and possible account suspension or termination.
    • f.
      Confidentiality: Freelancers and clients are obliged to uphold strict confidentiality regarding all information and documentation exchanged during the Service Contract as well as any project discussions, development, and execution. This encompasses proprietary data, trade secrets, strategic information, and any other details deemed sensitive by either party. All project-related communications and documents are to be treated as confidential and should not be disclosed to any third parties without explicit written consent from the originating party. A confidentiality obligation persists beyond the completion or termination of the Service Contract, and users are expected to securely handle and, when appropriate, dispose of confidential materials in a manner that prevents unauthorized access or dissemination.
    • g.
      Dispute Resolution: In the event of a dispute arising from or related to the Service Contract, both freelancers and clients are encouraged to first attempt to resolve the issue through good-faith negotiations directly between the parties. Both parties should communicate clearly and promptly, providing all necessary information and documentation to facilitate a mutual understanding and resolution of the conflict. If direct negotiations are unsuccessful within a reasonable timeframe, Crelancer may, at its discretion, offer informal mediation services to assist in resolving the dispute. This mediation is a facilitative process, not involving formal legal procedures or binding decisions, and is offered optionally based on the specifics of the dispute. Crelancer's role in this process is solely as a facilitator, and it will not make judgments or binding decisions. Should the dispute remain unresolved after informal mediation, or if Crelancer opts not to provide mediation services, parties are advised to follow the formal dispute resolution process as outlined in Section 17 of the Terms. This process is binding, with both freelancers and clients agreeing to abide by the resolution determined through it.
    • h.
      Anti-Discrimination Policy: Crelancer upholds a strict non-discrimination policy. Discrimination based on race, color, religion, gender, gender identity or expression, sexual orientation, national origin, genetics, disability, age, or any other status protected under applicable law is expressly prohibited on this platform. This policy applies to all aspects of our marketplace, including but not limited to hiring, project assignment, client interactions, and communication within the Crelancer community. All users, whether freelancers or clients, are required to adhere to this policy in their interactions on the platform. This includes respect for cultural differences, accommodation of diverse perspectives, and avoidance of any language or behavior that may be deemed discriminatory or exclusionary. Any reports of discriminatory behavior will be taken very seriously and may result in immediate suspension or termination of the user's account. Crelancer reserves the right to investigate such claims and take appropriate action, which may include mediation, warnings, or direct penalties. Users are encouraged to report any instances of discrimination or exclusionary practices they encounter on the platform. Crelancer is committed to maintaining a safe, respectful, and equitable space for all members of our community.
    • i.
      Compliance, Reporting, and Consequences of Policy Violation: All users of Crelancer are required to strictly adhere to the platform's policies, including but not limited to these Terms, the privacy policy, and any additional guidelines or rules established by the platform. Compliance with these policies is mandatory for all users. Users have a responsibility to report any observed policy violations to the Crelancer support team for investigation. This includes, but is not limited to, instances of discrimination, breach of confidentiality, or misrepresentation. Upon receiving a report of violation, Crelancer will conduct a thorough investigation to determine the veracity of the claim and the appropriate course of action. The consequences of policy violations can range from warnings to more severe penalties such as suspension of account privileges or removal from the platform. The severity of the penalty will be determined based on the nature and gravity of the violation. Crelancer reserves the right to enforce these policies and take necessary actions to maintain the integrity and safety of the platform. This may include cooperation with law enforcement authorities where applicable. Users are encouraged to familiarize themselves with all platform policies to ensure a safe, respectful, and productive environment for all members of the Crelancer community.
  • Non-Circumvention: Clients and freelancers who meet through the Crelancer platform are strictly prohibited from engaging in direct business transactions outside of the Crelancer platform for a period of two (2) years following their initial meeting through the platform. This includes any projects, services, or business relationships that originate from connections made on Crelancer but are executed or continued outside the platform. This clause is intended to uphold the integrity of the Crelancer marketplace and to ensure that the platform is fairly compensated for the connections and services it provides. Any violation of this non-circumvention agreement will be taken seriously and may result in consequences including, but not limited to, permanent deletion of the offending user’s account from the Crelancer platform. Crelancer may monitor user activity for potential breaches of this clause and will investigate any suspected violations. Users are encouraged to report any suspected circumvention attempts to Crelancer’s support team. By using the Crelancer platform, both clients and freelancers acknowledge and agree to this non-circumvention clause and accept the responsibility to conduct all business transactions involving users they meet through Crelancer on the platform for the specified period.
  • Intellectual Property/Confidentiality: All content included on the Crelancer platform, including, but not limited to, text, graphics, logos, images, and any compilation of such, and any trade secret, patent, trademark, or copyright rights, are the intellectual property of Crelancer (“Intellectual Property”). You agree to abide by all copyright and proprietary notices or other restrictions contained in such Intellectual Property and will not make any changes. All Intellectual Property that is not public knowledge is Confidential. You shall not disclose any Confidential Intellectual Property to any third party unless explicitly required by law. As a condition of your limited license and use of the Intellectual Property solely in your capacity as a freelancer or client per these Terms, you warrant and represent that you will not use the Intellectual Property for any purpose that is illegal or prohibited by these Terms. You may not use the Intellectual Property in any manner which could damage, disable, or impair the Intellectual Property or interfere with any other party’s use and enjoyment of the Intellectual Property. You shall not modify, publish, transmit, reverse engineer, transfer or sell, create derivative works, or in any way exploit any of the Intellectual Property. You will use Intellectual Property solely for your use of the services in your capacity as a freelancer or client and will make no other use of it without the express, written permission of Crelancer. You agree that you do not acquire any ownership rights in the Intellectual Property.
  • NO WARRANTY FOR FREELANCER PERFORMANCE: CRELANCER ACTS AS A FACILITATOR TO CONNECT CLIENTS WITH INDEPENDENT FREELANCERS AND IS NOT RESPONSIBLE FOR THE INDIVIDUAL PERFORMANCE OF FREELANCERS. CLIENTS ARE ENCOURAGED TO REVIEW THE FREELANCER’S PROFILE, PORTFOLIO, AND CLIENT FEEDBACK TO MAKE INFORMED HIRING DECISIONS. CRELANCER DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF THE SERVICES RENDERED BY FREELANCERS AND IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PERFORMANCE OR CONDUCT OF A FREELANCER.
  • NO WARRANTY FOR WEBSITE OR SERVICES: CRELANCER DOES NOT MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, TIMELINESS, QUALITY, OR ACCURACY OF THE WEBSITE AND THE SERVICES OFFERED ON THE PLATFORM FOR ANY PURPOSE. THE PLATFORM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH CRELANCER, IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED AND EXCLUDED.
  • LIMITATION OF LIABILITY: IN NO EVENT SHALL CRELANCER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PLATFORM, THE ENGAGEMENT OF FREELANCERS, THE DELIVERY OR NON-DELIVERY OF SERVICES BY FREELANCERS, THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE REGARDLESS OF WHETHER CRELANCER WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES AND SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ANY AND ALL CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING ANY LEGAL FEES THAT MAY BE INCURRED AS A RESULT OF THE USE OF THE PLATFORM OR ENGAGEMENT WITH OTHER USERS OF CRELANCER. NOTWITHSTANDING THE FOREGOING, THIS LIMITATION SHALL NOT APPLY IN CASE OF CRELANCER’S GROSS NEGLIGENCE, FRAUD, OR WILLFUL MISCONDUCT.
  • Indemnity: Users agree to indemnify, defend, and hold harmless Crelancer, its affiliates, officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with: (a) their breach of these Terms or any other applicable Crelancer policies; (b) their gross negligence or willful misconduct; (c) their breach of any third party rights, including without limitation any intellectual property rights, confidentiality rights, or privacy rights; and (d) any Service Contract entered into between the user and another party through the Crelancer platform. The indemnification obligation shall be limited to an amount proportionate to the user’s degree of fault relative to the other parties involved in the claim. The indemnifying user shall have the right to control the defense of any claim for which they are responsible under this indemnification, subject to the understanding that they will not settle any claim in a manner that affects the rights or interests of Crelancer without Crelancer’s prior written consent. Notwithstanding the foregoing, users shall not be required to indemnify Crelancer in the event of Crelancer’s own gross negligence or willful misconduct.
  • Dispute Resolution: Any dispute, claim, or controversy arising out of or in connection with the use of the Crelancer platform, or these Terms, will be resolved by binding arbitration, rather than in court, except where users are eligible and wish to assert claims in small claims court. The arbitration will be conducted in accordance with American Arbitration Association (AAA) and will take place in the State of Indiana, United States. The costs of arbitration, including administrative and arbitrator fees, will be shared equally between the user and Crelancer, unless the arbitrator determines that one party's claim is frivolous or filed for an improper purpose. Each party will be responsible for its own attorney, expert, and other fees. USERS OF CRELANCER EXPLICITLY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING AGAINST CRELANCER ARISING FROM OR RELATED TO THE USE OF THE PLATFORM OR THESE TERMS. ALL DISPUTES WILL BE RESOLVED SOLELY THROUGH ARBITRATION IN ACCORDANCE WITH THESE TERMS. ADDITIONALLY, USERS WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST CRELANCER. Unless both the user and Crelancer agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of the State of Indiana, United States. However, if any applicable law requires that the laws of a different state must govern, then the dispute or claim shall be governed by the law of that state. This choice of law provision does not preclude the application of the Federal Arbitration Act (FAA) to the agreement to arbitrate. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the platform, in any court of competent jurisdiction. Users have the right to opt out of the arbitration agreement. To do so, users must notify Crelancer in writing within thirty (30) days of first accepting Terms. The written opt-out notice must be sent to info@crelancer.com. Opting out of arbitration does not affect any other aspect of these terms and conditions, and users opting out will still be bound by all other provisions.
  • Severability: If any provisions of these Terms or any application of such provision to any party or circumstances, shall be determined by any court of competent jurisdiction to be invalid and unenforceable to any extent, the remainder of the Terms or the application of such provision to such person or circumstances, other than the application as to which such provision is determined to be invalid or unenforceable, shall not be affected thereby, and each provision shall be valid and shall be enforced to the fullest extent permitted by law.
  • Entire Agreement/Change to Terms: These Terms constitute the entire agreement between user and Crelancer with respect to use of the website and platform. However, Crelancer reserves the explicit right, in its sole discretion, to change the Terms. Crelancer may use reasonable efforts to communicate such changes and by updating the Terms. The most current version of the Terms will supersede all previous versions. Crelancer encourages you to periodically review the Terms to stay informed of any updates.
  • Contact Information. Crelancer welcomes your questions or comments regarding this Statement of Privacy. Please contact Crelancer at:

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