Direct Contract Terms
These Bizionic Technologies Pvt Ltd Direct Contracts Terms (“Direct Contracts Terms”) define the terms and conditions under which Bizionic offers, and you agree to use Bizionic’s Direct Contracts service, as described in these terms (“Direct Contracts Services”), and are part of and incorporate by reference the Bizionic User Agreement and other Terms of Service. The Direct Contracts Terms are in addition to and, except where explicitly stated, do not supersede, replace, or limit other similar terms in the Terms of Service. Capitalized terms not defined herein are defined in the User Agreement or elsewhere in the Terms of Service.
IN ORDER TO USE BIZIONIC’S DIRECT CONTRACTS SERVICE YOU AGREE TO BE BOUND BY THE DIRECT CONTRACT TERMS AND THE ARBITRATION AND CLASS ACTION WAIVER IN THE USER AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER, YOU MAY NOT ACCESS OR USE ANY DIRECT CONTRACTS SERVICES.
1. HOW IT WORKS
With the Direct Contracts Service, a Freelancer can create and send fixed-price or hourly contract proposals to any eligible Client, or invite any eligible Client to create a fixed-price or hourly contract proposal. If either Client or Freelancer creates the contract proposal and the other party accepts the proposal through the Direct Contracts service, the Client and Freelancer will enter directly into a contract (the “Direct Contract”).
“Fixed-Price Contract” means a Service Contract for which Client is charged a fixed fee agreed between a Client and a Candidate, prior to the commencement of a Service Contract, for the completion of all Candidate Services contracted by Client for such Service Contract.
“Hourly Contract” means a Service Contract for which Client is charged based on the hourly rate charged by Candidate.
2. ELIGIBILITY
Any Freelancer that is eligible to use the Site is eligible to use the Direct Contract Services, subject to the limitations on Client eligibility in this Section 2. A Client is eligible to create or accept a Direct Contract only if the Client does not and has not ever had an Account on Bizionic (or its predecessor Bizionic Technologies Pvt Ltd). Clients do not need to register for an Account to accept a Direct Contract.
3. FEES
Freelancer Fees: Solely with respect to fees charged on Direct Contracts, these Direct Contract Terms explicitly supersede and replace Section 2 (Fees Charged to Freelancers), Section 3 (Client Membership Fees), and Section 4 (Payment Processing Fees Charged to Client) in the Fee and ACH Authorization Agreement. The Fee and ACH Authorization Agreement otherwise remains in full force and effect, including, without limitation, on any Service Contract if a Freelancer or Client, who uses Direct Contracts, has a Service Contract (as defined in the User Agreement).
For any Direct Contract, the following fees apply: Freelancer pays a 3.4% payment processing and administration fee (“Direct Contract Payment Fee”). Freelancer authorizes and instructs Bizionic to automatically charge and deduct the Direct Contract Payment Fee from the Direct Contract Funds or Direct Contract Hourly Funds.
Client Fees: Clients are generally charged a payment processing and administration fee on each payment made on a Direct Contract at the rate clearly displayed on the Site before entering into a Direct Contract (“Payment Fee”). If no fee is stated at the time of entering into a Direct Contract, then no Payment Fee will be charged. Clients also agree to Section 5 (Authorization for ACH Debits and Credits) of the Fee and ACH Authorization Agreement with respect to the payment or placement in Segregated Account Payment Fee, Direct Contract Funds, or Direct Contract Weekly Funds.
4. SEGREGATED ACCOUNTS SERVICES
Freelancer and Client acknowledge and agree the Fixed Price Direct Contract Segregated Accounts apply to Fixed Price Direct Contracts. Freelancer and Client further acknowledge and agree that the Hourly Direct Contract Segregated Accounts apply to Hourly Direct Contracts.
5. ROLE OF BIZIONIC AND USER RESPONSIBILITIES
You understand and agree that Bizionic is not a party to any Direct Contract, is not involved in or responsible for any work performed by Freelancers, is not involved in or responsible for any payment made under a Direct Contract, and has no control over any Freelancer or Client. Bizionic does not have any power or authority to, and does not, determine any eligibility standards for any Direct Contract, select or contract any Freelancer to provide services to a Client, determine or control any term or condition of the Direct Contract or Project, or cause any Freelancer or Client to accept any Direct Contract or perform any Freelancer Services. Bizionic Segregated Accounts provides services but does not guarantee that Freelancer will be paid.
6. OTHER TERMS
Together with the Bizionic User Agreement and other Terms of Service, these Direct Contract Terms represent the entire agreement with Bizionic and supersede all prior agreements and understandings with respect to the matters covered. You agree that you did not accept the Direct Contract Terms based on any representations, whether written or oral, other than those contained herein. No modification of or amendment to the Direct Contract Terms, nor any waiver of any rights, will be effective unless in writing signed by you and Bizionic. Notwithstanding the foregoing, to the extent permitted by applicable law, Bizionic may amend the Direct Contract Terms with prior notice at any time. The posting of the amended Direct Contract Terms on Bizionic Technologies Pvt Ltd Site will constitute notice. Your continued use of the Direct Contract Services after the effective date of a revised version of the Direct Contract Terms or notice to you of updated Direct Contract Terms constitutes your acceptance of its terms and agreement to be bound by its terms. In the event of a conflict between these Direct Contract Terms and the applicable Segregated Accounts, the applicable segregated accounts shall govern; in the event of a conflict between these Direct Contract Terms and any other agreement in the Terms of Service, these Direct Contract Terms shall govern.