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Terms and Conditions
Terms and Conditions

Vendor Posting Policy

 

This Job Posting Policy (“Policy”) is part of and incorporates by reference all terms, conditions rules, policies and guidelines on the Site, including the Terms of Service (“Terms of Service”). This Policy is effective April 2, 2013.

Your continued use of the Site after that will signify your acceptance of this Policy. We may modify the provisions in this Policy without notifying you, so please check back often for updates. Capitalized terms not defined in this

Agreement are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site.

1. Posting a Job

As a Vendor, when applying to Jobs and responding to clients, you agree to abide by the following guidelines:

• Never are you to give any type of quote to the client either directly via the eKast private message board nor email, skype or any other medium. You are required to never discuss finances directly with a client. You are able to update your bid on the platform or email the quote directly to support@ekast.net

• Giving direct quotes will result in closure of your account.

• Accept a proposal only when it has a clear description of the work, well-defined deliverables and milestones, precise timeframes and payment terms.

• Evaluate multiple proposals against your skill and ability to deliever. Do not choose jobs you can not deliever on or are incabable of delivering on.

• Ask the Clinet to utilize the Terms feature on the Site to define key milestones and payment schedules.

• Ask for the Clients office hours and standard response times.

• Once you have been hired for your Job, log onto the Site to manage the Job and use the Workroom as described in the section entitled “Private Message Board - denoted by the envelope.”

 

Keep all messages to clients within the eKast system for it to be legally binding.

2. Prohibited Job Biddings

You agree NOT to do the following when you bid for a Job or transmit information on the Site:

• Bid on any Job, submit any proposal, or otherwise use eKast to transmit any content or conduct any transaction that would violate any applicable law or regulation in the U.S., New Zealand, Australia or any other country.

• Bid on any Job that is fake, posted without the intention to hire or complete the Job, or posted only to receive pricing information.

• Bid on any Job that offers commission or equity compensation.

• Bid on any Job that requests free services.

• Any job that requestes delivery of a free mock-up or proof of concept as part of a proposal submission or as a condition to consideration of a proposal.

• Bid on any Job, proposal, deliverable or transmit any content that infringes a third party’s Intellectual Property Rights, license rights, the terms and conditions of use of such third party’s Web site or copyrighted materials or such third party’s rights of publicity or privacy.

• Bid on any Job, proposal, or deliverable or transmit any content related to or containing any adult or sexually explicit material.

Vendort-Job-Posting-Policy-

DO NOT:

Every give a quote, bid or anywise any other financial quotation or costing to a client.

• Bid on any Job related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.

•Bid on any Job or submit any proposal that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work, for example, by passing off the skills, ideas or words of another as one’s own; using another’s production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.

 

Client Job Posting Policy

This Job Posting Policy (“Policy”) is part of and incorporates by reference all terms, conditions rules, policies and guidelines on the Site, including the Terms of Service (“Terms of Service”). This Policy is effective April 2, 2013.

Your continued use of the Site after that will signify your acceptance of this Policy. We may modify the provisions in this Policy without notifying you, so please check back often for updates. Capitalized terms not defined in this

Agreement are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site.

Keep all messages to clients within the eKast system for it to be legally binding.

1. Posting a Job

As a Client, when posting Jobs and hiring Contractors, you agree to abide by the following guidelines:

• Post Jobs with clear scope, well-defined deliverables and required time frames. Do not hesitate to contact Customer Support for assistance with posting a Job.

• Answer clarifying questions from Contractors and update the Job description.

• Accept a proposal only when it has a clear description of the work, well-defined deliverables and milestones, precise timeframes and payment terms.

• Evaluate multiple proposals against criteria important to you, such as a Contractor’s work experience, education, portfolio, certifications, references, feedback from prior Clients, location, communication style and cost.

• Ask the Contractor to utilize the Terms feature on the Site to define key milestones and payment schedules.

• Ask for the Contractor’s office hours and standard response times.

• Once you have hired for your Job, log onto the Site to manage the Job and use the Workroom as described in the section entitled “Communication Between Clients and Contractors.”

2. Prohibited Job Postings

You agree NOT to do the following when you post a Job or transmit information on the Site:

• Post any Job, submit any proposal, or otherwise use eKast to transmit any content or conduct any transaction that would violate any applicable law or regulation in the U.S., New Zealand, Australia or any other country.

• Post any Job that is fake, posted without the intention to hire or complete the Job, or posted only to receive pricing information.

• Post any Job that offers commission or equity compensation.

• Post any Job that requests free services.

• Require or request that a Contractor deliver a free mock-up or proof of concept as part of a proposal submission or as a condition to consideration of a proposal.

• Post any Job, proposal, deliverable or transmit any content that infringes a third party’s Intellectual Property Rights, license rights, the terms and conditions of use of such third party’s Web site or copyrighted materials or such third party’s rights of publicity or privacy.

• Post any Job, proposal, or deliverable or transmit any content related to or containing any adult or sexually explicit material.

Client-Job-Posting-Policy-

DO NOT:

• Post any Job related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.

• Post any Job or submit any proposal that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work, for example, by passing off the skills, ideas or words of another as one’s own; using another’s production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.

3. Exclusivity

You acknowledge and agree that, pursuant to and for the reasons stated in the User Agreement, for 24 months from the time you identify or are identified by any party through the site, you must use the Site as your exclusive method to request, make and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party. You may opt-out of this obligation only if the prospective Client pays eKast an “Opt-Out Fee which can be obtained by emailing eKast support directly at support@ekast.net.

4. Audit Provisions and Record Keeping

For one year after paying for each Job, you agree to keep and maintain complete and accurate records related to the Contractor Services that you received from your Contractor, including the service description, the proposal and payment terms, and information on all repeat or follow-on Contractor Services received from each Contractor originated on eKast. If questions arise regarding services rendered, work performed or fees due, you agree to provide copies of these records and other relevant documentation to eKast within 5 days of eKast’s request.

5. Contacting Us

If you wish to report a violation of the Terms of Service, or have questions or need assistance, please contact

Customer Support at:

Web Support: http://www.ekast.net/ContactUs.aspx

Email: support@ekast.net

Skype ID: ekast Global

Phone: +1 321-300-5428

(Note: We operate mainly through email and skype – however you are welcome to call, if there is no answer please leave your name, number and email and we will return your call within 24 hours)

Online Help Topics: http://www.eKast.net/faq.aspx

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Refund and Cancellation Policy

This Refund and Cancellation Policy (“Policy”) incorporates all terms, conditions, rules, policies and guidelines on the Site, including the other Terms of Service. Capitalized terms not defined in this Agreement are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site. This Policy is effective as of April 2, 2013. Your continued use of the Site after that will signify your acceptance of it. We reserve the right to modify the provisions in this Policy without prior notice to you, so please check back often for updates.

1. Introduction to Refund and Cancellation Policy

To cancel a Job or request a refund, you must first submit the Job Cancellation Form or the Refund Request Form available in by contacting eKast at support@ekast.net. The other party to your Job will then have five calendar days (the “Approval Period”) to either approve your request or submit the Dispute Notice Form available by contacting eKast directly at support@ekast.net. You must then follow the applicable process described below.

2. Job Cancellation Form

If you submit a Job Cancellation Form the following process will apply:

a) If the other party approves your request, then the Job is cancelled.

b) If the other party submits a Dispute Notice Form in the Approval Period, then you are required to use the Fixed Price Dispute Resolution Policy or the Hourly Dispute Resolution Policy, depending on your Job type. You can obtain these by contacting eKast directly at support@ekast.net.

c) If the other party fails to submit Dispute Notice Form in the Approval Period, then the Job will be cancelled and: (i) for escrow Jobs funds will be released from the escrow to the extent of any funded balance; and (ii) for any remaining balance, and for all hourly Jobs, you are required to use the Fixed Price Dispute Resolution Policy or the Hourly Dispute Resolution Policy, depending on your Job type; and (iii) eKast may suspend the other party.

3. Refund Request Form

Freelancer

If a Freelancer Submits a Refund Request Form the request is deemed approved and eKast will process the refund according to the instructions in the request.

Client

If a Client submits a Refund Request Form then the following process will apply:

a) If the Freelancer approves your request for all or part of the requested amount, then eKast will process the refund according to the instructions in the approval. For any unapproved refund balance you must use the Fixed Price Dispute Resolution Policy or the Hourly Dispute Resolution Policy, depending on your Job type.

b) If the Freelancer submits a Dispute Notice Form in the Approval Period, then you are required to use the Fixed Price Dispute Resolution Policy or the Hourly Dispute Resolution Policy, depending on your Job type.

c) If the Freelancer fails to submit a Dispute Notice Form in the Approval Period, then: (i) for escrow Jobs funds will be released from the escrow to the extent of any balance; (ii) for any remaining balance, and for all hourly Jobs, you are required to use the Fixed Price Dispute Resolution Policy or the Hourly Dispute Resolution Policy, depending on your Job type; and (iii) eKast may suspend the other party. Refund-and-Cancellation-Policy-130328 2

Previously Paid Jobs

Refunds to a Client of amounts previously released or paid to a Freelancer are subject to the availability of funds in the Freelancer’s account. eKast will not debit a Freelancer account without authorization from the Freelancer.

Processing refunds in this case might take up to 10 calendar days.

4. Other Types of Disputes

If you have a complaint involving feedback, you must follow the section entitled “Rating and Feedback System” in the Site Usage Policy. If you have entered the Payroll Services Agreement for your Job, this Policy does not apply. For

a dispute with eKast, you must follow the section entitled “Resolution of Disputes between Member and eKast” in the User Agreement.

5. Contacting Us

To report a violation of the Terms of Service, or if you need assistance, please contact Customer Support at:

Web Support: http://www.ekast.net/ContactUs.aspx

Email: support@ekast.net

Skype ID: ekast Global

Phone: +1 321-300-5428

(Note: We operate mainly through email and skype – however you are welcome to call, if there is no answer please leave your name, number and email and we will return your call within 24 hours)

Online Help Topics: http://www.eKast.net/faq.aspx

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Site Usage Policy

 

 

 

This Site Usage Policy hereby incorporates by reference all terms, conditions rules, policies and guidelines on the Site, including the Terms of Service (“Terms of Service”). Capitalized terms not defined in this Agreement are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site.

This Site Usage Policy is effective as of April 2, 2013. Your continued use of the Site after such time will signify your acceptance of this Site Usage Policy. We reserve the right to modify the provisions in this Site Usage Policy without prior notice to you, so please check back often for updates.

1. Communication

You are required to log onto the Site to manage Jobs and use the Workrooms to maintain an electronic record of all written communication including clarifications and agreements around scope, deliverables, milestones, timeframes, price, feedback on deliverables, requests for revisions, acceptance of deliverables and completion of milestones. You must transcribe into the Workroom all relevant emails, instant messages, telephone or in-person conversations between the Client and the Freelancer to maintain a record. If there is a dispute, all written communication on the Site, including Job posting, proposals, usage of the Terms and Change Order features, messages, and any communications transcribed to the Workroom will serve as the record for resolution of the dispute. A COMMUNICATION THAT IS NOT SAVED IN OR COPIED TO THE MESSAGE BOARD CANNOT BE SUBMITTED AS EVIDENCE IN THE APPLICABLE DISPUTE RESOLUTION PROCESS AFTER A DISPUTE IS REPORTED.

eKast provides a designated space in the Freelancer profile to enter email address, telephone number and instant message IDs. Freelancers must not enter contact information or solicit private communications in public messages, in Job descriptions, or sections of their eKast profile outside of the designated Contact Information fields.

2. Posting Information and Content

You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting a request for Freelancer Services, providing a proposal for a posted Job, posting your profile and providing feedback). You agree to update such information whenever it changes. You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Clients, Freelancers, eKast or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Clients, Freelancers, eKast or any third party as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the eKast Site. Under federal law (specifically, the Communications Decency Act of 1996), eKast is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. eKast is not responsible for and does not monitor or censor content for accuracy or reliability. eKast reserves the right to remove or restrict access to any information, content or Job posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if eKast considers such information or content to be in violation of the eKast Terms of Service.

3. Exclusivity

You acknowledge and agree that, pursuant to and for the reasons stated in the User Agreement, for 24 months from the time you identify or are identified by any party through the site, you must use the Site as your exclusive method to request, make and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party. You may opt-out of this obligation only if the prospective Client pays eKast an “Opt-Out Fee as detailed in the User Agreement in the section entitled “Exclusivity”.

4. Thumbnail Images and Profiles

You may post a thumbnail image on the Site to accompany your profile. All thumbnails must follow these common guidelines:

• You must own the image, or have a license to use, copy, and sublicense the image.

Site-Usage-Policy-130328 2

• The image must be professional.

• Please upload .jpg, .jpeg, or .gif files (40x50 pixels). Animated .gif files are not allowed.

• The thumbnail may be left blank.

If you are an individual Member, then in addition to the common guidelines above, your thumbnail image also must

follow these guidelines:

• The image must be a portrait that is a truthful representation or you (i.e. no stock photos, fakes, or logos).

• An avatar of reasonable likeness is acceptable.

• Group photos are not acceptable. Please remove other individuals from the photo.

• Very small images are not acceptable. You must be identifiable in the image.

If you are a company Member, then in addition to the common guidelines above, your thumbnail image also must

follow these guidelines:

• The image may be a logo, a portrait of you or your company, or a relevant piece of your work.

• If the image is a portrait, it must be a truthful representation (i.e. no stock photos or fakes).

• Thumbnail Images and Profiles

You may post a thumbnail image on the Site to accompany your profile.

5. Portfolio Images

You may post images on the Site to accompany your portfolio. All portfolio images must follow these common

guidelines:

• You must own the image, or have a license to use, copy, and sublicense the image. (lifted from posting

thumbnails)

• Animated .gif images are not allowed.

• Each sample in your portfolio must be unique (you are not permitted to have two of the same exact

file/image)

• Image files (.jpg, .jpeg, .gif, .png, etc) must be images of your works of authorship, not images of other

promotional materials such as your resume or company marketing materials

• The image should be a fair and accurate representation of your work.

We retain the right to remove a portfolio image for any reason, even if not listed above.

6. Prohibited Site Activities

You agree NOT to do any of the following on the Site:

• Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than

your own User Content) from the Site, any software code that is part of the Site, or any services that are

offered on the Site without the prior express written permission of eKast and the appropriate third party, as

applicable.

Site-Usage-Policy

• Post false or misleading information about a product, service or service request.

• Post logos, seals or slogans from third parties on the Site unless such material is provided by eKast or an eKast partner, or you have received express written permission from eKast to display such third-party logo, seal or slogan.

• Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.

• Post or transmit unprofessional or offensive comments about a User, Member, Freelancer, Client, eKast, or any third party.

• Suggest or solicit another User to contact you directly in order to buy or sell services outside of eKast.

• Tamper with postings of other Users, Members or eKast.

• Solicit or gather any User’s or Member’s information available from the Site, such as other usernames and email addresses, for any purpose other than to use the Site Services in accordance with the Terms of Service.

• Impersonate or misrepresent your affiliation with any person or entity.

• Require or request that a Freelancer deliver a free mock-up or proof of concept as part of a proposal submission or as a condition to consideration of a proposal.

• Repeat any action after you receive warning or request to desist from eKast, whether or not that action is explicitly prohibited in the policies stated on the Site.

• Fail to respond to an email from eKast regarding violation, dispute or complaint within two business days.

• Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site, or if you do not have authority to accept the User Agreement on behalf of a Member for whom you using the Site.

• Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).

• Select a Client or hire a Freelancer on the basis of religion, sex or race.

• Violate a request by eKast to not post Jobs deemed by eKast in its sole discretion to be contrary to the interests of the Site or the eKast User community.

7. Rating and Feedback System

eKast encourages you to leave objective balanced feedback about the Users with whom you have transacted. You acknowledge and agree that the Site contains public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that eKast may calculate a composite feedback number based on these individual ratings. Freelancers agree to be rated by Clients along several criteria, as determined by eKast. eKast provides its feedback and rating system as a means through which Users can express their opinions publicly, and eKast does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to eKast’s attention. You may be held legally responsible for damages suffered by other eKast Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. By law, eKast is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable.

Site-Usage-Policy

You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:

• Leaving feedback for yourself, using a different username or another Member’s username.

• Leaving fake or inaccurate feedback for another User or Member.

• Soliciting other eKast Members to leave fake or inaccurate feedback.

• Threatening to leave negative feedback to induce another User or Member to perform a task not required by the Member Contract.

• Withholding deliverables or funds required by the Member Contract to induce another User or Member to leave positive feedback or no feedback.

• Feedback solicitation such as offering to sell or buy services in exchange for good feedback, trading feedback undeservedly or buying feedback.

In order to protect the integrity of the feedback system and protect Users from abuse, eKast will investigate and has the right (but is under no obligation) to remove posted feedback or information under the following scenarios:

• It seeks to elicit or solicit any User’s contact information, such as other Users’ email addresses, for any non-eKast related commercial or business purposes, or to transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters.”

• It contains language that is profane, vulgar, or racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will not be removed.

• It is shown to have been left by any User who is in violation of eKast’s Eligibility requirements, or by or for a User who has conducted any fraudulent transaction.

• It is not directly related to transactions conducted through eKast.

• It makes any reference to actions taken or purported to be taken by eKast or any law enforcement organization.

• eKast is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the feedback or information posted is slanderous, libelous, defamatory or otherwise illegal.

• The User who posted the feedback or information provided eKast with false contact information during the transaction period (as verified by eKast) and cannot be contacted by eKast.

• The User who posted the feedback or information is participating in an eKast transaction with the intent of leaving feedback as part of a campaign to harass eKast member(s) (as verified by eKast).

• The User who posted the feedback or information informs eKast that it was intended for another User and posts the feedback or information for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact Customer Support to file a feedback review request.

8. Contacting Us

If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact Customer Support as follows:

To report a violation of the Terms of Service, or if you need assistance, please contact Customer Support at:

Web Support: http://www.ekast.net/ContactUs.aspx

Email: support@ekast.net

Skype ID: ekast Global

Phone: +1 321-300-5428

(Note: We operate mainly through email and skype – however you are welcome to call, if there is no answer please leave your name, number and email and we will return your call within 24 hours)

Online Help Topics: http://www.eKast.com/faq.aspx

 

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