S#.Freelance. Terms of use.

We are StockSharp LP (“StockSharp”) incorporated in the UK under company number NL703. These are our terms and conditions according to marketplace services. They tell you what we do and how we do it.
By using our site, you indicate that you accept these terms and conditions, and the referenced policies, and that you agree to abide by them.

1. The cheat sheet
STOCKSHARP provides service linking Freelancers to Buyers.

Services
Services are offered on STOCKSHARP through Offers, which are fixed price services or custom projects, which can be fixed price. Services delivered in these ways on STOCKSHARP are collectively referred to in these terms as “projects”. Whether or not a project is offered and/or accepted is entirely at the discretion of the Freelancer/Buyer. STOCKSHARP has no control over this process. Services are provided by Freelancers directly to Buyers, who determine the deliverables, price and all other requirements.
On Commencement of a project the Buyer pays funds into the Escrow Account, and the Buyer must confirm their requirements upfront in the Forum Thread.
The Freelancer must provide regular progress updates and respond within one (1) working day to all messages from the Buyer, in the Forum Thread.
Freelancers must deliver work within the delivery times either defined in their Offer, or agreed with the Buyer upfront in the Forum Thread for custom projects. Freelancers' rankings will be penalised for late delivery.
Freelancers must fulfill their projects and Buyers agree to pay for work delivered. Users will be penalised for cancellations or refunds caused by them, without just reason. Freelancers must provide, and be given the opportunity by the Buyer to provide, at least two further iterations on the work delivered if the Buyer is not initially satisfied.
Once the project has been completed the Freelancer will raise a request to receive payment, including the release of funds held in the Escrow Account. Freelancers must not request payment upfront before work has been completed. Buyers must pay within the 7 day payment terms.

Funds
STOCKSHARP IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Freelancers. We strongly recommend that all users do not hold dormant balances on the platform. No user is permitted to hold a dormant balance on the platform for more than 30 days. STOCKSHARP reserves the right to apply Admin Fees or write downs to dormant balances until they are withdrawn or become zeroed. Funds held by STOCKSHARP on the platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency. STOCKSHARP hold the funds in a separate client account.

Payments
STOCKSHARP acts as an Agent of Payment between the Buyer and Freelancer. In return for full invoice payment by the Buyer for the project, STOCKSHARP agrees to discharge the Buyers obligations relating to debts owed to the Freelancer under this agreement. STOCKSHARP agrees to make such funds available to the Freelancer balance with 24 hours, subject to fraud an AML procedures. Freelancers are then able to withdraw those funds subject to the setting up of a valid withdrawal account. STOCKSHARP takes its obligations to prevent fraud and money laundering seriously and reserves the right to delay payments to Freelancers if fraud or money laundering is suspected. All payments for work completed must go via STOCKSHARP unless STOCKSHARP has given its express written permission otherwise in relation to a specific payment or invoice; Users must immediately report to STOCKSHARP any offers to pay outside of STOCKSHARP made by their Buyer or Freelancer.

Rights
Once payment has been made, Buyers are granted all rights for the delivered work.

Contacting
For purposes of service messages, notices, offers and news about STOCKSHARP, Users receive alerts on certain pages and emails to the email addresses associated with their accounts. If you do not want to receive newsletters, announcements, or other communications and/or services from our Site, please do not opt-in for those communications or services at the time of registration. If you have opted-in and, at a later time, wish to opt-out, please click on the relevant link inserted in our communications. In every Interesting and Important e-mail communication sent to you, we provide you the opportunity to discontinue receiving future communications (i.e., unsubscribe). Simply follow the unsubscribe process or directions provided in these emails. For the orderly operation of the platform, users cannot opt-out from Essential emails such as when receiving an invoice or when a buyer requests a refund.

2. STOCKSHARP user accounts
To access the full STOCKSHARP site, Users have to register for an account, provide accurate and complete information, and keep their account information updated. Both Buyers and Freelancers undergo the same account registration process.
Each account must be a personal account, but Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated).
Users cannot register for more than one account.
STOCKSHARP reserve the right to restrict your access, temporarily or indefinitely block your account, stop any projects you have in progress, warn other Buyers and Freelancers of your actions or issue you a warning if:
• you breach the letter or spirit of these terms and conditions or the referenced policies;
• we are unable to verify or authenticate any information you provide to us;
• we believe that your actions may cause any loss or liability to our Users or to us
Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking or if someone steals their password when they have taken reasonable steps to keep it secure). Users may never use another person's user account or registration information for the Website.
You confirm that you are not economically barred/limited under sanctions rules of any country worldwide. If your circumstances change to be included in such lists, please cease using STOCKSHARP immediately.

3. Project delivery
3.1 Offers
On purchase of an Offer the Buyer's funds will be held in the Escrow Account.
The Buyer will then need to provide their requirements (as specified in the Offers description page) in the Forum Thread so that the Freelancer can get started.
Once the requirements are provided in the Forum Thread by the Buyer, the Freelancer must:

• respond in the Forum Thread within one (1) working day to confirm work has started otherwise the Buyer may request and will be entitled to a refund in accordance with Section 6;
  
• provide regular progress updates in the Forum Thread and respond within one (1) working day to all messages from the Buyer;
  
• complete the project within the delivery timescales indicated in their Offer description including handover of all deliverables in the Forum Thread. Failing to deliver within those timescales may mean the Buyer requests and is entitled to a refund in accordance with Section 6;
  
• Late or non-delivery will negatively affect the Freelancer's rankings on STOCKSHARP.

All direct communication between Buyer and Freelancer must go via the Forum Thread to keep both parties protected in case of a Dispute.
Once the Offer has been completed the Freelancer will raise an invoice and:

• the Buyer is then able to leave feedback for the Freelancer, upon which the funds held in the Escrow Account will be automatically released to the Freelancer as payment;
  
• alternatively, if the Buyer is not satisfied with the deliverables they can reject the invoice and provide the Freelancer with detailed feedback on what work remains outstanding. The Freelancer must provide, and be given the chance to provide, at least two revisions of the deliverables based on detailed feedback from the Buyer;
  
• if the Buyer does not either i) leave feedback for the Freelancer, nor ii) reject the invoice, the funds held in the Escrow Account will be automatically released on their behalf to the Freelancer as payment after seven (7) days.
  
• if the funds held in the Escrow Account are released to the Freelancer in accordance with a) or c) above, STOCKSHARP and the Freelancer will be entitled to assume that the Buyer is satisfied with the project and does not have a dispute of any kind in relation to the project. The Buyer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.

3.2 Custom Projects
The Freelancer's payment for custom projects are agreed as fixed price:

• for a fixed priced custom project the Buyer agrees to pay the Freelancer based on deliverables. The parties should agree upfront in the Forum Thread whether to divide the project into milestones, with associated milestone payments. If milestones have not been agreed then the Custom project will only be invoiced on full completion of all deliverables.

On acceptance of a Proposal the Buyer will pay into the Escrow Account the agreed deposit amount.
The Buyer must then provide their detailed requirements in the Forum Thread so that the Freelancer can get started. These requirements should include (but not be limited to):

• timeframe for delivery of the project or milestones;
  
• description of any subjective elements of the project like aesthetics providing similar examples;
  
• breakdown of all expected deliverables;
  
• any other expectations for the work.

Once requirements have been received from the Buyer, the Freelancer must:

• respond in the Forum Thread within one (1) working day to confirm commencement of work. Failing to respond within one (1) working day may mean the Buyer requests and will be entitled to a refund in accordance with Section 6;
  
• provide regular progress updates in the Forum Thread and respond within one (1) working day to all Forum Thread messages from the Buyer;
  
• complete the project, including handover of all deliverables in the Forum Thread, within the delivery timescales agreed with the Buyer,
  
  
  • if missing a previously agreed deadline is unavoidable then the Freelancer must inform the Buyer immediately in the Forum Thread and provide a revised delivery date.
    
  • failing to deliver the work within agreed timescales, or repeatedly revising previously agreed deadlines, may mean the Buyer requests a cancellation of the custom project and will be entitled to a refund of any funds in the Escrow Account.
    
  • late or non-delivery of a project will negatively affect the Freelancer's rankings on STOCKSHARP.

All direct communication between Buyer and Freelancer should go via the Forum Thread to keep both parties protected in case of a Dispute.
When the Custom project is completed (or an agreed milestone has been reached) the Freelancer will raise an Invoice:

• the fees charged in the Invoice should be as has been explicitly agreed upfront in the Proposal. If requirements/ scope changes materially during a custom project the Freelancer may need to propose a change to a previously agreed price. This must be explicitly agreed in the Forum Thread before any extra work is undertaken so that the Buyer can confirm whether they wish to proceed with the additional scope for the extra cost;
  
• the Buyer must pay the Invoice within seven (7) days of the Invoice being raised;
  
• alternatively, if the Buyer does not agree that the project has been completed then the Buyer can reject the Invoice. The Buyer must then provide the Freelancer with detailed feedback in the Forum Thread on what work remains outstanding. The Freelancer must provide, and be given the chance to provide, at least two iterations of the deliverables based on detailed feedback from the Buyer;
  
• if the Buyer does not either i) pay the Invoice or ii) reject the Invoice within such seven (7) day period STOCKSHARP will provide assistance to the Freelancer to chase payment and may temporarily or permanently restrict the Buyer's account. If the Invoice remains unpaid after fifteen (15) days a final 24-hour notification will be issued to the Buyer. If after 24 hours the Buyer has not responded to this notification the funds in the Escrow Account, up to the unpaid Invoice amount, will be automatically processed and will remain at the discretion of STOCKSHARP for approval.
  
• if the Buyer pays the invoice or funds are utilised in accordance with d) above, STOCKSHARP and the Freelancer will be entitled to assume that the Buyer is satisfied with the project and does not have a dispute of any kind in relation to the project. The Buyer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.

3.3 Quality
All Freelancers on STOCKSHARP must strive to deliver a high standard of work, appropriately meeting their Buyer's needs.
Specifically, Freelancers must ensure that all deliverables are:

• error free;
  
• fully address each of the Buyer's defined requirements;
  
• are a complete set of deliverables as defined in the Offer description or as agreed in the Forum Thread as part of the requirements for custom projects;
  
• and, for Offers and projects, are of a standard consistent with the level of expertise indicated in the Freelancer's profile and proposals.

3.4 The heavy but important bits:
The Buyer and Freelancer decide on the type of project. They determine the terms and conditions of “projects”, including deliverables, any specific requirements, and for “projects” the price, directly between them. The Buyer and Freelancer create a direct service contract between themselves and STOCKSHARP are not party to that contract ('the Service Contract').
Subject to this being varied as part of the Service Contract, ownership in and to any materials and or deliverables arising from a project and any intellectual property rights therein, will be assigned to the Buyer upon successful payment to the Freelancer. If the Buyer and Freelancer wish to include any special terms of the contract (for example, in relation to the ownership of the work produced, ownership of intellectual property rights or special rights of termination), the Buyer and Freelancer should negotiate and document these terms in the project Forum Thread.
Subject to variation in the Service Contract, the terms and conditions of each project shall be deemed to incorporate a term that in consideration of the fee paid for the project the Freelancer thereby assigns to the Buyer absolutely with full title guarantee the following rights throughout the world:

• the entire copyright and all other rights in the nature of copyright subsisting in the project
  
• any database right subsisting in the project and
  
• all other rights in the project of whatever nature, whether now known or created in the future, to which the Freelancer is now, or at any time after the date of Commencement of the project may be, entitled by virtue of the laws in force in the United Kingdom and in any other part of the world,

in each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of Commencement of the project.
You promise that:

• you are able to pay for the services if you are a Buyer and perform the services if you are a Freelancer;
  
• you are not in breach of any applicable laws, rules or regulations or obligations to any other person;
  
• you have made and will make all required legal and tax filings. If relevant, you will file all necessary legal documentation relating to your self-employment required by any governmental body, and pay all applicable taxes;
  
• you shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, project, or Proposal on or through the services STOCKSHARP provide, including without limitation any User Content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.

4. Payments
Payments are made as described in Section 3, for a project agreed by the Buyer as successfully completed. The payment terms are seven (7) days.
For projects, the Freelancer must not request a release of funds from the Escrow Account prior to project completion; the purpose of funds being held in the Escrow Account is to provide the Freelancer with the security needed for them to undertake the work. Buyers must report such cases immediately. In such cases the Freelancer's account may be temporarily or permanently suspended.
All payments between Buyer and Freelancer must be processed through STOCKSHARP as described in Section 3, both for work sourced on STOCKSHARP and for any follow on work between the Buyer and Freelancer, either for the same project or another project. A Freelancer may seek express written permission from STOCKSHARP to allow payment by alternative means for a specific invoice or payment if the Freelancer intends to issue proceedings or pursue legal action against the Buyer.
Payment (or attempt of) outside of STOCKSHARP is a breach of these terms and conditions unless the prior express written consent of STOCKSHARP has been obtained. Such payment (or attempt of) and will lead to temporary and/ or permanent suspension of the Buyer and/ or Freelancer's account. The Freelancer will be liable for any loss of business and legal expenses that STOCKSHARP may incur in recovering it. STOCKSHARP reserve the right to sanction funds held in the Freelancer's Account in order to recover lost fees. Moreover, STOCKSHARP will not mediate any Disputes or be liable to either the Buyer or Freelancer's loss of business as a result of violation of this clause. Users must report attempts or offers to make payment outside of STOCKSHARP by their Buyer or Freelancer to STOCKSHARP immediately.
Payments by Buyers are routinely checked by STOCKSHARP for fraud prevention purposes, before any payments are released to the Freelancer. STOCKSHARP aim to process these payments and credit funds to the Freelancer's STOCKSHARP User Account within three (3) working days, however STOCKSHARP reserve the right to take up to ten (10) working days.
To withdraw funds from their STOCKSHARP User Account a Freelancer needs to request a withdrawal on an authorized withdrawal account. An authorized withdrawal account can be either:

• a bank account under the user's name as registered on his profile

STOCKSHARP process payments daily and will send the money to the Freelancer via their selected payment preference. Once STOCKSHARP has processed payments, they are then subject to timescales imposed by the banking clearing system.
For security reasons, STOCKSHARP reserves the right to request additional information from Buyers and Freelancers, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:

• a copy of a Government issued ID (Passport, Driver's License or National ID Card);
  
• a copy of a recent utility bill showing your name and address (less than 3 months old);

For credit/debit card users (one of the following):

• a copy of the front and back of the card used. For Security Compliance we recommend that you blank out the central 8 digits of the card number digits, and the last three digits from the number on the back;
  
• Credit or Debit Card Bank Statement of the card used on your STOCKSHARP User account (less than 3 months old). For Security Compliance you must blank out the central 8 digits of the card number digits;

For international Bank transfers, credit to the beneficiary may be delayed by factors such as local bank holidays, delays by an intermediary bank or other local conditions. Please note that some countries have been designated as “slow-to-pay” countries, and transfers made to those countries may take several days or even weeks in crediting the receiving account.
In using the Escrow Account STOCKSHARP act, subject to these terms and conditions, on the User's behalf. STOCKSHARP hold the funds in a separate client account. STOCKSHARP IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Freelancers. We strongly recommend that all users do not hold balances on the platform. Funds held by STOCKSHARP on the platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency. Users will not receive interest or other earnings on the funds in their Escrow Account or STOCKSHARP User Account. STOCKSHARP will endeavour to ensure that the funds in the Escrow Account or STOCKSHARP User Account are available to the User in accordance with these Terms and Conditions but do not guarantee that they will be available to the User in circumstances which are unforeseen or beyond our control.
If STOCKSHARP has to return funds to the Buyer due to the Buyer (contrary to these Terms and Conditions) filing a dispute or requesting a payment be reversed through its credit card provider, bank or Paypal then STOCKSHARP will be entitled to recover any such amount from the Freelancer’s STOCKSHARP User Account (and if insufficient monies are in the Freelancer’s Account), credit card or other previously made payment method if available. If STOCKSHARP is unable to recover the amount returned to the Buyer from the Freelancer in full then the Freelancer agrees to pay to STOCKSHARP any outstanding sums within 48 hours of STOCKSHARP making a request.
To prevent funds being held indefinitely in the Escrow Account, STOCKSHARP will notify the Freelancer in the event of funds being held in an Escrow Account for a project that i) does not have an unpaid Invoice nor an open Dispute; and ii) has not had any activity in the Forum Thread for a period of one (1) calendar month or longer. Activity is defined as any action by the Buyer or Freelancer in the Forum Thread such as: a message posted, an Invoice is raised, a deposit into the Escrow Account made or a Refund Request raised.

• The Freelancer will be asked to confirm either i) that the project is still in progress by posting a message to the Buyer in the Forum Thread with an update on progress; ii) that the project has been completed by raising an Invoice in accordance with the terms defined in Section 3; or iii) that the project was cancelled and issuing the Buyer with a refund in accordance with the terms in Section 6.
  
• If no action is taken by the Freelancer within seven (7) days it will be assumed that the project was not delivered by the Freelancer and the funds held in the Escrow Account will be automatically refunded back to the Buyer's STOCKSHARP User Account. In this event the Freelancer's rankings will be affected in accordance with the terms in Section 6.

STOCKSHARP uses third-party service providers including Interkassa, Payoneer, Paypal and others to process payments by Buyers and to transfer funds to Freelancers. These third-party payment service providers are regulated and authorised to provide payment services in the countries where they operate. STOCKSHARP may share your personal or transactional information with third-party payment service providers when it is necessary to process payments.

5. Leaving Feedback
When the project is completed and the Freelancer has been paid by the Buyer, both parties are asked to provide both qualitative feedback and a rating from 1-5 for the other party. This rating influences each User's ranking on STOCKSHARP. In order for a user to read a received review, they have to submit their feedback as well. A review (feedback) is published on the member profile page when both parties (Buyer and Freelancer) leave their feedback within the first 60 days since invoice payment (funds released / amount paid). In case 60 days have passed, any submitted review is disclosed and users that haven't left any review will no longer be able to do so.
Both parties should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to STOCKSHARP.
Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.

6. Cancellations and refunds
6.1 Cancellation of a project
After the Commencement of a project, the Buyer may request a cancellation:
If there are funds in the Escrow Account and the Buyer believes they are entitled to a refund, the Buyer can notify STOCKSHARP of the cancellation by requesting a refund using the “Request Refund” action on the WorkStream.

6.2 Project Refund policy
A Buyer is entitled to receive a refund of funds held in the Escrow Account under the following circumstances:

• no response: the Freelancer has not responded in the forum Thread within one (1) working day of the Commencement of the project;
  
• non-delivery:
  
  
  1. for Offers, the Freelancer of an Offer did not deliver the scope of work within the delivery timescales indicated in the Offer.
     
  2. for Custom projects, non-delivery means agreed scope of work was not delivered within the agreed timescales;
  
  
• poor quality: the deliverables provided by the Freelancer do not meet the terms defined in Section 3.2.

Buyer and Freelancer may mutually agree to a refund for reasons other than the previous clause however authorization of such refunds will be subject to a review by STOCKSHARP, as defined in Section 6.2.1.
Refunds are only applicable to funds held in the Escrow Account. As per Section 3, funds should only be paid out of the Escrow Account once the Buyer is satisfied that the project (or any agreed milestone deliverables) has been completed. By releasing funds from the Escrow Account the Buyer accepts that this money is non-refundable.
Buyers must avoid filing a dispute or reversing payment through their credit card holder, Bank or PayPal. Attempts to seek a refund in this way will lead to the Buyer's account being automatically suspended.

6.2.1 Requesting a refund
A Buyer can request a refund of the funds held in the Escrow Account using the “Request Refund” action in the Forum Thread and specifying a reason for their request.
STOCKSHARP will process refund requests subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties' obligations under these terms and conditions. If STOCKSHARP reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations STOCKSHARP shall not be obliged to make the refund.

6.2.2 Refund and cancellation penalties
Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the STOCKSHARP marketplace as follows:

• where the Freelancer is at fault for the refund (for example, due to no response, poor quality of work or they have cancelled the project), it will negatively impact their Freelancer status and rankings;
  
• where the Buyer is found to be the cause for the refund (for example, an early cancellation due to a change in their business need) it will negatively impact their Buyer status;
  
• multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.

7. Disputes
STOCKSHARP encourage our Freelancers and Buyers to try and resolve any disagreements between themselves. However should that not be possible STOCKSHARP Customer Services can provide Dispute resolution.
A Dispute can be raised:

• by the Freelancer manually after a Buyer has rejected an invoice;

To raise a dispute, the Freelancer is required to pay a non-refundable fee as per section 8.2
Disputes are available to Freelancers that have qualified as trusted members of the STOCKSHARP community.
For Invoice Disputes specifically, the amounts taken into consideration for the Dispute are the lower of the escrow balance or invoice amount.
STOCKSHARP may reach out to both parties in order to mediate and try and bring the Dispute to resolution.
STOCKSHARP will aim to make a resolution decision on behalf of both parties within seven (7) days. If a mutual resolution has already been agreed between both parties on the Forum Thread, then the dispute will either be cancelled or resolved in line with the mutual agreement.
In the event of having to make a resolution decision, STOCKSHARP will use only the communication in the Forum Thread as sole evidence, and consider:

• if both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both parties to complete or rectify the project;
  
• if the project was delivered (or the milestone was met, if the Dispute is for a milestone payment) in accordance with the terms in Section 3;
  
• for Disputes concerning the quality of the work delivered: STOCKSHARP will consider whether the Freelancer has met general quality standards as defined in Section 3.3. Assessments on quality i) down to perceived taste, or ii) requiring specialist technical or subject matter expertise, will not form part of the resolution decision;
  
• if the Buyer and Freelancer have complied with these terms and conditions.
  
• In the event of having to make a resolution decision on behalf of the parties, STOCKSHARP will notify both parties within fourteen (14) days of the Dispute. The disputed funds shall be dealt with in accordance with the resolution decision and these terms and conditions. Our involvement with the Dispute ends once the resolution in relation to the Dispute has been communicated

Users agree and accept that any payments and/or other actions made by STOCKSHARP in accordance with the resolution decision of a Dispute are made in good faith and Users shall have no cause of action against STOCKSHARP (whether in contract, tort or otherwise) in respect of the resolution decision or any such actions or payments made pursuant to it. Users further agree and accept that they have no right to seek to hold STOCKSHARP liable for a Buyer or Freelancer’s alleged actions or failures.

8. STOCKSHARP fees
8.1 Buyer Fees
The Buyer fees are for the use of STOCKSHARP as an intermediate platform, they do not reflect the outcome of any Freelancer collaboration and will not be refunded. Buyer Service fee is 15%.
We may make changes to our service fees from time to time. These changes will be reflected in updated terms issued by us, which will apply to any transactions which take place after the updated fees come into force.

8.1.1 NDA Fee
STOCKSHARP shall make available, upon payment of an optional fee of €29, a non-disclosure agreement (NDA) for the Freelancer and the Buyer to use in relation to a project. In providing the NDA we exclude all warranties in respect of and all liability for the following:

• The enforceability or otherwise of the non-disclosure agreement
  
• The fitness of the NDA for the purposes of either the Buyer, the Freelancer or both
  
• The compliance with the NDA by the Buyer or the Freelancer
  
• Any breach of the NDA by the Buyer or the Freelancer
  
• The storage and/or retrieval of the signed NDA by STOCKSHARP
  
• Any loss of the signed NDA.

8.1.2 Featured project Fee
STOCKSHARP shall make available upon an optional fee of €17, a Featured project Upgrade. Said fee will not be refundable and includes the time and effort spent by our team to review these projects, ensure they're suitable to be featured and given high levels of exposure on STOCKSHARP.
STOCKSHARP guarantee no level of success from featuring a project, in terms of any metric associated with a project - including but not limited to: proposals received, views received, likes the project received, and awarding the project to a Freelancer.

8.2 Freelancer fees
STOCKSHARP reserves the right to charge Freelancers a Service Fee in accordance with the Service Fee Structure they are assigned to.
Service Fees*
First €500 earned with a Buyers 20%
€500 - €6,000 earned with a Buyers 10%
Over €6,000 earned with a Buyers 7.5%
All Users are provided with a statement at the end of each month showing their net effective commission fee in their ‘Payments' section on the Website.
When a Freelancer withdraws funds from their STOCKSHARP User Account, STOCKSHARP pass on any fees incurred to process the payment by third parties as a withdrawal fee, as follows:

Withdrawal Currency mmmmmm	Withdrawal Method mmmmmm	Fee mmmmmm
RUR	Credit Card	4.0%
RUR	QIWI	4.0%
EUR	SEPA	€20
BTC	CryptoWallet	1.0%
ETH	CryptoWallet	1.0%

Bank transfer reversal fees - If your bank transfer gets reversed due to incorrect banking information, wrong bank account type or foreign currency bank account settings limitation, you will be charged a reversal fee of €3 as well as the currency exchange difference (if applicable).
If Freelancer decides to raise a dispute as per section 7, they are required to pay a non-refundable fee equal to 10% of the invoice or refund amount, subject to a minimum charge of €5 per dispute.
Bank transfer investigation fee - Please note that if there is a delay in payment from the banking institution, a formal investigation can be initiated with the bank to determine transaction issues. There is a 25EUR fee that is issued which must be applied by the customer in order to initiate this process.
Chargeback or RFI (Request for Information) fee - A chargeback is a disputed card transaction filed by a buyer with their card issuer when they dispute a payment or when their card is being used without their authorization. An RFI is a Request for Information the bank raises asking STOCKSHARP for additional information regarding a particular transaction, which may be in dispute or unauthorized. The buyer’s bank charges STOCKSHARP a fee in both of these instances and as a result, we are passing these fees to Freelancers whose buyer filed a Chargeback or RFI with their bank for a particular project/payment. The Fee per Chargeback is €50.00 and €10 per RFI.
In case of chargebacks, if the buyer’s credit card company decides in the Freelancer’s favor, the Freelancer will be refunded the money to their STOCKSHARP User account. If the decision is in favor of the buyer, the transaction will be cancelled, the buyer will receive a full refund, and the Fee amount will be deducted from the Freelancer’s STOCKSHARP User account.

8.3 Admin fee for inactive User accounts
STOCKSHARP IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Freelancers. We strongly recommend that all users do not hold dormant balances on the platform. No user is permitted to hold a dormant balance on the platform for more than 30 days. If a User has held dormant funds in their STOCKSHARP User Account for a period of sixty (60) days or more then STOCKSHARP reserves the right to charge a monthly administration fee of €9.33 for holding those funds on behalf of the User. This fee will be automatically collected each month from the funds in the User's STOCKSHARP User Account starting from the sixty first (61st) calendar day. The collection of this fee will end when either i) funds held are less than 60 days old, ii) the balance is cleared.

8.4 Currency Conversion
If you require a transaction within the STOCKSHARP site which involves a currency conversion, it will be completed at a foreign exchange rate determined by an official institution, which is adjusted on a regular base. Exchange rates fluctuations are not under STOCKSHARP control.
A Currency Conversion Fee of 2.5% will be applied every time STOCKSHARP performs a currency conversion. When a currency conversion is available by STOCKSHARP, you will be shown the exchange rate that will be applied to the transaction before you proceed with authorising the payment transaction. By accepting this transaction, you also agree to the exchange rate currency conversion terms.

9. Referral Programme
9.1 General
The STOCKSHARP Referral Program is a program that allows Users to receive certain benefits in their User account ("Referral Reward") if they refer a non-STOCKSHARP user ("Referred User") to STOCKSHARP and they then make a qualifying purchase on the site (“Successful Referral”). Users perform this referral by submitting the email address of the Referred User on a special referral form or by sharing a special referral link found through STOCKSHARP ("Referral Invitation").

9.2 Referral Reward
Referred Users will receive a coupon of €30. Said coupon will be redeemable upon checkout for purchases of at least €50 or their currency equivalent.
Subject to the eligibility conditions in Section 9.3, Users who refer others will receive the following as a reward for every successful referral:
The equivalent of €30 will be credited to their STOCKSHARP account. Said amount can only be used as a form of credit for purchases on STOCKSHARP available upon checkout to users invited to STOCKSHARP via our referral programme.

9.3 Eligibility
To be eligible for the Referral Reward:

• you must have an active User account on STOCKSHARP;
  
• you may not refer yourself for the Referral Program;
  
• the Referred User should not already have a User account (active or inactive) on STOCKSHARP;
  
• the Referred User should sign up for a User account using the activation link of the Referral Invitation within one month;
  
• the Referred User should have received and paid invoices within 730 days from registration of at least €70. Payments from the Referred User towards the User account as well as from the Referred User towards other User accounts that got referred by the User account are excluded from this Billing calculation.

Each User can receive monthly maximum of €150 in referral rewards.

9.4 Discontinuance or modification
STOCKSHARP reserves the right at any time to modify or discontinue the Referral Program either temporarily or permanently with or without notice. STOCKSHARP will not be liable to you in the event of any modification, suspension or discontinuance of the Referral Program. Non-fraudulent accrued Referral Rewards are not affected by suspension or discontinuance of the Referral Program.

9.5 Non-compliance
STOCKSHARP reserves the right to not grant or to remove any previously granted Referral Reward from your User account should any of the STOCKSHARP terms and conditions not be met. STOCKSHARP reserves the right to suspend the User account or remove Referral Reward should abusive or fraudulent activity regarding the Referral Program be suspected at the discretion of STOCKSHARP.

10. Vouchers
Users may receive funds deposited directly in their STOCKSHARP User Account as part of a promotion or as a Referral Reward (see Section 9); or alternatively receive a promotional code for a fixed or percentage discount on services purchased on STOCKSHARP (“Vouchers”).
These Vouchers:

• will be for the exclusive use of purchasing services on STOCKSHARP, their monetary value will not be available for withdrawal from STOCKSHARP.
  
• where the voucher is in the form of a promotional code, the code can only be used once even if the voucher is used in a transaction for less than the monetary value of the voucher.

11. General terms of website use
The STOCKSHARP terms of website use define how Users may make use of STOCKSHARP whether as a guest or a registered user. They contain the heavy but important stuff so please read them carefully.

12. Privacy Policy
By proceeding to use the STOCKSHARP service, Users consent that STOCKSHARP may process the personal data (including sensitive personal data) that STOCKSHARP collects from them in accordance with the STOCKSHARP Privacy Policy and the terms of the EU General Data Protection Regulation 2016/679.
STOCKSHARP may use your personal data to gather feedback regarding your experience you may have with our platform. This helps our business grow by assembling useful information from our end-users.
STOCKSHARP is not a party to any Service Contract between Buyer and Freelancer. Any Service Contract between a Buyer and Freelancer shall be in accordance with such Freelancer's privacy policy and the terms of the EU General Data Protection Regulation 2016/679.

13. Governing Law
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Northern Ireland. The courts of Northern Ireland shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).

14. Related Policies
The following policies are part of these terms and conditions and should be read carefully:

• Terms of website use
  
• Privacy Policy

15. Definitions
In these terms and conditions:

• 'Billing' is the total invoices paid during the month;
  
• 'Buyer' means a person buying services from a Freelancer on STOCKSHARP;
  
• 'Commencement of the project' means either the purchase of an Offer by the Buyer or acceptance of a Proposal for a custom project by the Buyer in the Forum Thread;
  
• ‘Content' means such things as data, text, photographs, videos, audio clips, written posts and comments, graphics, User content and interactive features generated, provided, or otherwise made accessible on or through STOCKSHARP;
  
• 'Custom Project' is a piece of work that commences with the acceptance of a Proposal by a Buyer or the acceptance of a Hire request by a Freelancer. This work is agreed either after the Buyer has posted a request on STOCKSHARP or in direct communication between a Buyer and a Freelancer in the WorkStream. A custom project can also be agreed as a follow on piece of work after an Offer purchase;
  
• 'Guest' means an unregistered user of STOCKSHARP;
  
• ‘Dispute' means a dispute raised in relation to a rejected Invoice;
  
• 'Escrow Account' means the virtual account where money is deposited on Commencement of the project and is only released in accordance with these terms and conditions;
  
• 'Offer' means a pre-packaged service, that is offered on STOCKSHARP by a Freelancer for a fixed price and delivered within fixed timescales.
  
• 'Invoice' means a bill for a completed project which is raised by the Freelancer in the WorkStream or in the STOCKSHARP payments dashboard;
  
• 'Project' means a piece of work that a Freelancer and Buyer agree via STOCKSHARP is to be provided by the Freelancer to the Buyer. Project refers to work either agreed when the Buyer purchases an Offer, or when a Proposal by a Freelancer is accepted by the Buyer for a custom project;.
  
• ‘STOCKSHARP' means the website with the domain name stocksharp.com or Stocksharp LP as the context so requires;
  
• ‘STOCKSHARP User Account' means a User’s STOCKSHARP persona, profile, settings, activities, invoices, transactions and funds balance available for you to withdraw;
  
• 'Proposal' means an offer made by a Freelancer to a Buyer to provide a custom project and which must contain a fee quotation;
  
• ‘Freelancer' means a person selling services to a Buyer via STOCKSHARP;
  
• ‘User' means any registered person who uses STOCKSHARP;
  
• ‘User Content' means all Content uploaded, submitted, distributed, or posted to the services by Users, including without limitation, Proposals and communication via the WorkStream. User Content does not include any materials or deliverables, or intellectual property therein arising from a project, which shall be assigned to the Buyer on successful payment for the project. User Content is the sole responsibility of the person who originated it;
  
• ‘Forum Thread' is where all the communication between Buyer and Freelancer is conducted in private. Via the Forum Thread, the parties can exchange information including attachments, send a Proposal or raise an Invoice, make payments, request a refund or raise a Dispute in relation to a project.