BrainHire’s Terms of Service

Last Update: September 2019

Welcome to BrainHire.com.

The following terms of service (these “Terms of Service”), govern your access to and use of the BrainHire website, including any content, functionality and services offered on or through www.BrainHire.com (the “Site”) by BrainHire and its subsidiaries are collectively referred hereto as “BrainHire” “we” or “us”.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the BrainHire services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

Key Terms

Buyers are users who purchase services on BrainHire.

Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.

Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.

Disputes are disagreements experienced during an order between a Buyer and Seller on BrainHire.

BrainHire Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.

BrainHire Credits are credits that BrainHire may provide users to be used only for purchases on BrainHire, subject to these Terms of Service or any other applicable laws and/or terms.

Job Extras are additional services offered on top of the Seller’s Job for an additional price defined by the Seller.

Job Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.​

Job Page is where the Seller can describe their Job and the Job’s terms, and the Buyer can purchase the Job and create an order.

Job / Jobs are services offered on BrainHire.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Job.

Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Job Page.

Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the BrainHire platform, including with respect to collection of funds from Buyers in connection with the purchase of Jobs, remittance and withdrawal of funds to Sellers in connection with completed Jobs, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with BrainHire Balances.

Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase Jobs on BrainHire, subject to these Terms.

Sellers are users who offer and perform services through Jobs on BrainHire.

Main Terms:

• Only registered users may buy and sell on BrainHire. Registration is free.
• Jobs on BrainHire may be offered at a base starting price of $5. Some Jobs are offered at a base price of more than $5 as determined by the Seller.
• Buyers pay BrainHire in advance to create an order (see Purchasing Section below regarding payment terms).
• Orders are purchased through the Order button found on a Seller’s Job page or through a Custom Offer.
• For fees and payments please read the purchasing section.
• Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
• Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Job Extras, or selling their Job in multiples.
• Users may not offer or accept payments using any method other than placing an order through BrainHire.com.
• Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Job page. Note: some Jobs may charge additional payments (through Job Extras) for Commercial Use License.
• BrainHire retains the right to use all published delivered works for BrainHire marketing and promotion purposes.
• We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

SELLERS

Basics

• • Sellers create Jobs on BrainHire to allow Buyers to purchase their services.
  • Sellers may also offer Custom Offers to Buyers in addition to their Jobs.
  • Each order you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
  • BrainHire accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
  • If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s BrainHire Balance.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
  • Sellers may not promote their Jobs or any BrainHire content via the Google Ads platform.
  • Sellers may withdraw their revenues using one of BrainHire’s withdrawal options (see Withdrawal Section below regarding payment terms).
  • The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
  • For security concerns, BrainHire may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple BrainHire accounts to a single withdrawal provider.
  • Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Job price shown on the Job page is inclusive of all such taxes and charges that may apply to the Sellers.
  • Appointment as Limited Payment Collection Agent: Seller hereby appoints BrainHire as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to BrainHire shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by BrainHire (or its Payment Services Provider, as applicable is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that BrainHire (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against BrainHire and not the Buyer directly. Seller agrees that BrainHire may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that BrainHire may deem necessary or prudent.
  • BrainHire partners with Payment Services Providers for purposes of collecting Job-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the BrainHire platform are performed by BrainHire’s Payment Services Providers.
  • Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Jobs

• Jobs created on BrainHire are User Generated Content.
• Jobs and/or users may be removed by BrainHire from the Site for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Intentional copies of Jobs
  • Spam, nonsense, or violent or deceptive Jobs
  • Jobs misleading to Buyers or others
  • Reselling of regulated goods
  • Offering to prepare academic works on behalf of Buyers
  • Services that extend beyond 30 days of service duration
  • Exceedingly low quality Jobs
  • Promoting BrainHire and/or BrainHire Jobs through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
• Jobs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
• Jobs that are removed for violations are not eligible to be restored or edited.
• Jobs may be removed from our Search feature due to poor performance and/or user misconduct.
• Jobs may include pre-approved website URLs contained within the Job description and requirements box. Jobs containing websites promoting content, which violates BrainHire’s Terms of Service, will be removed.
• Jobs are required to have an appropriate Job image related to the service offered. An option to upload two additional Job images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Job images. Recurring deliveries that don’t match the quality shown on the Job images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
• Jobs may contain an approved Job Video uploaded through the Job management tools available on BrainHire.
• Statements on the Job Page that undermine or circumvent these Terms of Service is prohibited.
• Eligible Jobs in select Categories may set up Job Packages to offer their services in structured formats with multiple price points for the selected Job.

Job Extras

• Job Extras are additional services offered on top of the Seller’s Job for an additional price defined by the Seller.
• Job Extras may be removed for violations of our Terms of Service. For specific terms, please see the Jobs section above for a list of services that violate our Terms of Service. Jobs are subject to be removed due to violations found in Job Extras.
• Services offered through Job Extras must be related to the base service and part of the deliverables on the order.
• Job Extras may cover different categories of services that are components to a higher quality delivered service.
• Sellers have the option to extend the duration of an order for each Job Extra that is added to the order. This is to cover the time needed to complete the extra service.

Top Rated and featured Sellers

• Top Rated Sellers are chosen manually by BrainHire editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
• Top Rated eligibility is constantly evaluated by BrainHire to ensure that the quality standards and expectations of the Top Rated selection is kept. BrainHire retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Top Rated status and the benefits that come with it.

BrainHire Expert (Brainhire.com, BrainHire Digital and BrainHire Enterprise) Sellers

• Expert Sellers are pre-verified professionals who undergo a vetting process by BrainHire editors. Applying for BrainHire is open to everyone: professional freelancers who are new to BrainHire, as well as existing BrainHire Marketplace Sellers.
• Pro Sellers eligibility is constantly evaluated by BrainHire to ensure that the quality standards and expectations of the Pro Seller selection is kept. BrainHire retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.

Seller Features

BrainHire Sellers have access to several exclusive features that help customize the way their services can be offered.

Shipping Physical Deliverables

Some of the services on BrainHire are delivered physically (arts and crafts, collectable items, etc.). For these types of Jobs, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

• Jobs that include shipping costs must have physical deliverables sent to Buyers.
• Shipping costs added to a Job only pertains to the cost Sellers require to ship physical items to Buyers.
• Important: Buyers who purchase Jobs that require physical delivery, will be asked to provide a shipping address.
• Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
• BrainHire does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
• A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.

Withdrawing Revenues

• To withdraw your revenue, you must have an account with at least one of BrainHire’s Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with BrainHire’s Payment Services Provider. All payment services, including withdrawal services will be provided by BrainHire’s Payment Services Provider.
• Your BrainHire profile can be associated with only one account from each BrainHire withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one BrainHire profile.
• Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
• To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
• Withdrawals can only be made in the amount available to you.
• Withdrawal fees vary depending on the withdrawal method.
• Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
• In certain cases, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by BrainHire’s Payment Services Providers. Your BrainHire Balance is always derived from its US$ value and, therefore, the local currency amount of your BrainHire Balance may change daily in accordance with exchange rates fluctuations and also includes conversion fees. Sellers always have the option to withdraw Revenues in US$.

Withdrawal Methods

* Additional fees may apply based on your location and currency.

BUYERS

Basics

• You may not offer direct payments to Sellers using payment systems outside of the BrainHire Order system.
• BrainHire retains the right to use all publicly published delivered works for BrainHire marketing and promotional purposes.
• Buyers may request a specific service from the Post a Request feature. Services requested on BrainHire must be an allowed service on BrainHire. Users should refrain from using the Post a Request feature for any purpose other than looking for services on BrainHire.

Purchasing

• Buyers pay BrainHire to create an order from a Seller’s Job page or Custom Offer, using the Order Now button. BrainHire partners with Payment Services Providers for purposes of collecting Job-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with BrainHire Balances. All payments services in connection with the collection of funds on the BrainHire platform are performed by BrainHire’s Payment Services Providers.
• BrainHire serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by BrainHire (or its Payment Services Provider, as applicable), and BrainHire (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that BrainHire (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against BrainHire and not the Buyer directly.
• In most locations, Jobs may be purchased on BrainHire by using one of the following payment methods: Credit Card, PayPal, BrainHire Credits or existing BrainHire Balance. Additional payment methods may apply in certain locations.
• Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees. As of Oct 2019, the current fees assessed to the total purchase amount are 15% on all purchases.
• Your existing BrainHire Balance will be automatically applied to your next purchase.
• You may not offer Sellers to pay, or make payment using any method other than through the BrainHire.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
• To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either BrainHire or BrainHire’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments. BrainHire is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here.
• By using any payment method and/or providing payment details for making purchases on BrainHire, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on BrainHire; and (d) such actions do not violate any applicable law.

Local Currencies

• Buyers may pay on BrainHire in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the Order page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by BrainHire’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the Order.
• Buyers should note that the Jobs’ pricing is derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their selected displayed currency.
• If you paid for an Order in a currency other than US$ and your Order was later cancelled for any reason, the amount returned to your BrainHire Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
• Your BrainHire Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your BrainHire Balance in any currency other than US$, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same US$ value. Users always have the option to view their BrainHire Balance in US$ by changing their selected displayed currency.

Taxes

• Buyers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the Job price shown on the Job page.
• Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

ORDERS

Basics

• Once payment is confirmed, your order will be created and given a unique BrainHire order number.
• Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Job.
• Using the Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the Seller’s rating and result in a warning to Seller.
• An order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the order was marked as Delivered.
• We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact BrainHire’s Customer Support department for assistance here.

Handling Orders

• When a Buyer orders a Job, the Seller is notified by email as well as notifications on the site while logged into the account.
• Sellers are required to meet the delivery time they specified when creating their Jobs. Failing to do so will allow the Buyer to cancel the order when an order is marked as late and may harm the Seller’s status.
• Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
• Users are responsible for scanning all transferred files for viruses and malware. BrainHire will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
• Buyers may use the “Request Revisions” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the Seller’s description on their Job page or they do not match the requirements sent to the Seller at the beginning of the order process.

Reviews

• Feedback reviews provided by Buyers while completing an order are an essential part of BrainHire’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
• Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
• To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the BrainHire platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the BrainHire platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
• Feedback comments given by Buyers are publicly displayed on a Seller’s Job page.
• Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Job page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
• Withholding the delivery of services, files, or information required to complete the Job’s service with the intent to gain favorable reviews or additional services is prohibited.
• Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the order will be considered completed.
• Users are allowed to leave reviews on orders up to 10 days after an order is marked as complete. No new reviews may be added to an order after 10 days.
• Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact BrainHire’s Customer Support department for assistance here.

Basics

• Order cancellations can be performed on BrainHire, when eligible, by Customer Support or through the Resolution Center per order.
• Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
• In the event that a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
• BrainHire, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
• All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Job and the delivery may not be used if payment is cancelled for any reason.
• If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s BrainHire Balance.
• Revisions to deliveries can be performed by Sellers based on the Seller’s Job and customer care. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
• Requests for revisions can be performed through the Order page while the order is marked as Delivered.
• Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

• BrainHire encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
• Eligibility for requests to BrainHire to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the BrainHire delivery system. See below for Order specific eligibility.
• Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
• In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s BrainHire Balance and will be deducted from the Seller’s BrainHire Balance or, if there are no sufficient amounts in the Seller’s BrainHire Balance, from future revenues of such Seller.
• Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Job page. Buyers may rate their experience with the Seller on the order page, including the overall level of service quality received.
• Buyers must use BrainHire Resolution Center to address their concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of BrainHire.
• Any non-permitted usage of BrainHire encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to BrainHire’s Terms of Service.
• BrainHire Customer Support will cancel orders based on, but not limited to, the following reasons:
  • Active Orders (after the Buyer submits their requirements and before the Seller delivers on BrainHire)
    • The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
    • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
    • Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
    • The user is no longer an active BrainHire user due to Terms of Service violations or closure of their account.
  • Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)
    • The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
    • The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
    • The Seller requests additional payments, on or off the BrainHire platform, by withholding the final delivery of services directly related to the agreed requirements.
    • The Seller is withholding the final delivery of services for improved ratings.
    • Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
    • Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
  • Completed Orders (after the order is marked as complete and before the 14 day limitation)
    • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
    • Buyers who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use is found on the Seller’s Job page and cannot be retroactively included once the order is completed for over 14 days.
    • BrainHire Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

• BrainHire does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s BrainHire Balance and are available for future purchases on BrainHire. Funds returned to your BrainHire Balance from cancelled orders will not include service fees paid.
• Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.

BrainHire Credits

In certain instances, BrainHire may offer you credits (“BrainHire Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Jobs and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid BrainHire Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, BrainHire Credits expire following three months from their receipt. BrainHire Credits serve only as an incentive to use BrainHire, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, BrainHire Credits may not be returned to your account even if your Order gets cancelled. BrainHire Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. BrainHire reserves the right to modify or cancel the BrainHire Credits program at any time. If you or BrainHire deactivate or suspend your BrainHire account, any unused BrainHire Credits in your account will be forfeited.

User Conduct and Protection

BrainHire enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on BrainHire reflect the diversity of an expanding Job economy. Members of the BrainHire community communicate and engage through orders, social media, and on BrainHire’s Community Forums.

BrainHire maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of BrainHire. This section relates to the expected conduct users should adhere to while interacting with each other on BrainHire.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

• To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of BrainHire in order to circumvent or abuse the BrainHire messaging system or BrainHire platform is not permitted.
• Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
• BrainHire does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the order page.
• BrainHire does not provide protection for users who interact outside of the BrainHire platform.
• All information and file exchanges must be performed exclusively on BrainHire’s platform.
• Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
• BrainHire is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
• Users may not submit proposals or solicit parties introduced through BrainHire to contract, engage with, or pay outside of BrainHire.

Orders

• Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
• Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
• BrainHire reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, BrainHire (or one of BrainHire’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.

Jobs

• Users may report Jobs to Customer Support that may be in violation of BrainHire’s Terms of Service based on the reported Job’s replicated similarity to pre-existing services (copycat Jobs).
• Sellers warrant that any content included in their Jobs shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Jobs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Jobs.
• BrainHire will respond to clear and complete notices of alleged copyright or trademark infringement.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – BrainHire does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on BrainHire should be friendly, constructive, and professional. BrainHire condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – BrainHire takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Jobs or orders.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of BrainHire will not be protected by our Terms of Service.

Authentic BrainHire Profile – You may not create a false identity on BrainHire, misrepresent your identity, create a BrainHire profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. BrainHire reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – BrainHire will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use – You may not use BrainHire for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the BrainHire community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to BrainHire’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on BrainHire. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell BrainHire accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by BrainHire and protected by copyright and trademark law. BrainHire®, Job and Jobs are all registered trademarks owned exclusively by BrainHire. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

General Terms

• BrainHire reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
• Violation of BrainHire’s Terms of Service may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on BrainHire.
• Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
• Users have the option to enable account Security features to protect their account from any unauthorized usage.
• Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
• Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to BrainHire’s approval.
• Disputes should be handled using BrainHire’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting BrainHire Customer Support.
• BrainHire may make changes to its Terms of Service from time to time. When these changes are made, BrainHire will make a new copy of the terms of service available on this page.
• You understand and agree that if you use BrainHire after the date on which the Terms of Service have changed, BrainHire will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to BrainHire by our users (Buyers and Sellers) is User Generated Content. BrainHire does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, BrainHire is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers or otherwise). We provide no warranty with respect to the Jobs, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Jobs service offers.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on BrainHire. Sellers advertising their Job online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Job and may lead to the suspension of Seller’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the Seller’s Job page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Job and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Jobs (including for custom created work) charge additional payments (through Job Extras) for a Commercial Use License. This means that if you purchase the Job for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Job Extra and will have broader rights that cover your business use.

Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to BrainHire, including Job texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by BrainHire for no consideration for marketing and/or other purposes.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BRAINHIRE NOR ANY PERSON ASSOCIATED WITH BRAINHIRE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Automatic Translation

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Limitation on Liability

IN NO EVENT WILL BRAINHIRE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, BRAINHIRE AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with BrainHire, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

© BrainHire.com. 2019