Hireservices.com.au - Terms of Service


Hireservices.com.au Terms of Use Agreement




Please review the following policies, terms and conditions of service carefully before using this site.


WELCOME TO HIRESERVICES.COM.AU USER AGREEMENT. THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH HIRESERVICES.COM.AU OFFERS YOU ACCESS TO OUR SERVICES. USE OF THIS WEBSITE CONSTITUTES THAT YOU ARE BOUND TO ACCEPT THESE TERMS AND CONDITIONS.



Hireservices.com.au is owned and operated by Becatel Pty Ltd, ABN 54 121 528 336



In these terms and conditions, the following terminology applies:

The terms "You", "Your", "User", or "Users" or anyone accessing our services or web site for any reason. The terms "We", "Us", or "Our" refer to www.Hireservices.com.au, hireservices.com.au (or Hireservices), becatel.com, becatel.com.au, Becatel Pty Ltd (or Becatel)


The term Becatel Pty Ltd also refers to www.becatel.com.au, becatel.com.au, www.becatel.com, becatel.com and becatel.


For purposes of this agreement, Users are classified as Service Buyers or Service Providers, or Providers or Buyers or Freelancers, respectively. Users are also classified as non registered members.


HIRESERVICES.COM.AU may revise these Terms and conditions at any time by updating this posting. You are bound by such revisions and should therefore regularly revisit this page to review the then current Terms by which you are bound.


You must be at least 18yrs old to use this site.


ELIGIBILITY


Hireservices.com.au will have absolute discretion as to whether or not it accepts a particular applicant to our site for participation in the service. Hireservices.com.au web site is available only to individuals, businesses who can form legally binding contracts under applicable law. The services of this web site are not available to minors. Hireservices.com.au is not responsible if an individual gains access to our site by faking or lying about their age or date of birth. If users do not qualify, they cannot legally use any of Hireservices.com.au services including, but not limited to, those that require the User's ability to form legally binding contracts.



USER CONTENT



1. As a condition of your use of this Web site and the interactive services contained therein, you represent and warrant to HIRESERVICES.COM.AU that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.


2. This Website contains one or more of the following interactive services: Profiles, videos, photos, messages, private messages, projects and/or other messages or communication facilities. You agree to use such services only to post projects, bid on projects, send and receive messages and material that are proper and related to the particular service, area, group, or other message or communication facility related to this website (Hireservices.com.au) In addition to any other terms or conditions of use of any Profiles, videos, photos, messages, private messages, projects and/or other messages or communication facilities, you agree that when using one, you will not:


2.1.Publish, post, upload, distribute or disseminate any inappropriate, profane, derogatory, defamatory, infringing, improper, obscene, indecent or unlawful topic, name, material or information.


2.2. Upload files that contain software or other material protected by intellectual property laws or by rights of privacy of publicity unless you own or control such rights or have received all necessary consents.


2.3. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.


2.4. Advertise any goods or services for any commercial purpose without explicit permission from HIRESERVICES.COM.AU


2.5. Offer to sell any goods or services for any commercial purpose without explicit permission from HIRESERVICES.COM.AU


2.6. Conduct or forward chain letters or pyramid schemes.


2.7. Download for distribution in any manner any file posted by another user of another website that you know, or reasonably should know, cannot be legally distributed in such manner.


2.8. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.


2.9. Falsify or delete any author attributions, legal or other proper notices, proprietary designations, labels of the origin, source of software or other material contained in a file that is uploaded.


2.10. Restrict or inhibit any other user from using and enjoying any of the website profiles, videos, photos, messages, private messages, projects and/or other messages or communication facilities.



USE OF E-MAIL ADDRESSES



Members agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by Hireservices.com.au at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Service Provider (or you are the Service Provider chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN or YAHOO Messenger, or any other communication facilities. See "Avoiding Commissions" below for the reason.

PROVIDING CONTACT DETAILS


You are prohibited from making direct contact with another member, unless it's for a project you (a Service Provider) have been picked for, or you (a Service Buyer) have picked a Service Provider for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. Hireservices.com.au provides you with message boards, which should be sufficient for pre-project planning.

AVOIDING FEES & COMMISSIONS


You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of Hireservices.com.au) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). But this also applies to any project that was closed without a Service Provider being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying Hireservices.com.au if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying us, will be considered an attempt to avoid the commissions. When a Service Provider requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the Service Provider has failed to notify Hireservices.com.au staff of a payment received above the amount of his bid (a total payment above AUD$ 50), Hireservices.com.au reserves the right to deduct double the fee for the amount that should have been reported. We believe our commissions are very fair and justified for the service we provide, therefore we will not tolerate any of this activity on Hireservices.com.au


You agree to pay all fees applicable to your use of Hireservices.com.au Services, and you agree not to circumvent Hireservices.com.au fee structure.


PAYMENTS


Hireservices.com.au Account withdrawal requests are typically processed within two(2) business days. This also applies to payments or withdrawals made through the PayPal service. All amounts are stated in and all payments will be made in AUD (Australian Dollars) funds. Hireservices.com.au reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen creditcard) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your Hireservices.com.au account or face account termination. Please also note that any fraudulent activities will be reported to local authorities. Any member that Hireservices.com.au removes from the service due to violation of the Terms and Conditions, will not receive credit or payment.


ESCROW



Hireservices.com.au provides users with escrow payment options to help projects get completed smoothly. Service Buyers can set aside a specific amount of funds into an escrow account on Hireservices.com.au, for a specific Service Provider. Both Service Providers and Buyers can then view the payment in the escrow account, but only the Service Buyer can complete the payment from the escrow account to the Service Provider. The Service Provider is the only person (other than a Hireservices.com.au staff member) who can cancel this escrow payment. This gives each party half of the control over the funds in the escrow account. If the project gets completed, the Buyer can transfer the funds from the escrow account to the Service Provider.


If the project is cancelled by mutual agreement, the Service Provider can cancel the escrow payment and the funds will return to the Buyer's account. If there are any disputes over a project, Hireservices.com.au staff must be contacted before any funds can be moved from the escrow account. Hireservices.com.au encourages its users to send and receive funds with the escrow system, because it's another great way to make sure everyone gets what they want from a project.



BUYERS



Buyers are described as individuals or businesses that post projects on Hireservices.com.au, seek services on Hireservices.com.au for Service Providers to bid on. Please note that Hireservices.com.au doesn't screen, check details (i.e. company details, licenses) of Service Providers or Buyers. It's the users of Hireservices.com.au responsibility where applicable, to check the details of potential Buyers or Service Providers.


SERVICE PROVIDERS


Service Providers are described as individuals or businesses that bid on projects and if successful on their bid(s) will provide services to potential Buyers. Please note that Hireservices.com.au doesn't screen, check details (i.e. company details, licenses) of Service Providers or Buyers. It's the users of Hireservices.com.au responsibility where applicable, to check the details of potential Buyers or Service Providers.


BIDDING


Service Providers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This applies to Service Buyers as well. Service Buyers cannot create projects that directly or indirectly require Service Providers to place hourly or other abnormal bids.


RATING AND FEEDBACK SYSTEM


You acknowledge and agree that the Site will contain 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 Hireservices.com.au may calculate a composite feedback number based on these individual ratings. Service Providers agree to be rated by Buyers along several criteria, as determined by Hireservices.com.au . Hireservices.com.au provides its feedback and rating system as a means through which Users can express their opinions publicly, and Hireservices.com.au 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 Hireservices.com.au attention. You may be held legally responsible for damages suffered by other Hireservices.com.au Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Under local, state and federal law, Hireservices.com.au 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. You agree to report violations or abuses of our rating and feedback system immediately by contacting us, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:


1.Leaving fake feedback for yourself or another User or Member such as using a secondary Username or other hireservices.com.au members to artificially raise the level of your own feedback or create negative feedback for another User or Member.


2.Feedback threats such as demanding another User or Member to perform a task by threatening to leave negative feedback or withholding deliverables or funds until another User or Member agrees to leave positive feedback or no feedback.


3.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, hireservices.com.au will consider removing feedback under the following scenarios:


1.Feedback or information posted seeks to elicit or solicit any User's contact information, such as other Users' email addresses, for any non hireservices.com.au related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters."


2.Feedback or information posted contains language that is profane, vulgar, racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will not be removed.
3.Feedback or information posted is shown to have been left by any User who is in violation of hireservices.com.au Eligibility requirements, or by or for a User who has conducted any fraudulent transaction.


4. Any other feedback or information posted on hireservices.com.au that is not directly related to transactions conducted through hireservices.com.au or any other feedback or information that hireservices.com.au thinks is inappropriate.


Hireservices.com.au reserves the right to remove, edit or close any feedback posted on the site.




HIRESERVICES.COM.AU has no obligation to monitor Profiles, videos, photos, messages, private messages, projects and/or other messages or communication facilities. However, HIRESERVICES.COM.AU reserves the right at all times to disclose any information deemed by HIRESERVICES.COM.AU necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.


You acknowledge that communications to or with the view of Profiles, videos, photos, messages, private messages, projects and/or other messages or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. HIRESERVICES.COM.AU does not control or endorse the content, messages or information found in any of the Profiles, videos, photos, messages, private messages, projects and/or other messages or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, website managers or hosts, none are authorized HIRESERVICES.COM.AU spokespersons and their views do not necessarily reflect those of HIRESERVICES.COM.AU. You are solely responsible for your interactions with other HIRESERVICES.COM.AU members. HIRESERVICES.COM.AU reserves the right, but has no obligation, to monitor disputes between you and other members.


HIRESERVICES.COM.AU has links to third party web sites. These links are provided solely as a convenience to you and such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked site or its content. HIRESERVICES.COM.AU has not reviewed any of these third party sites and should you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.


The information, products, and services included on this Web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. HIRESERVICES.COM.AU may make improvements and/or changes in this Web site at any time. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.


HIRESERVICES.COM.AU MAKES NO REPRESENTATIONS about THE SUITABILITY, RELIABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.


HIRESERVICES.COM.AU HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


IN NO EVENT SHALL HIRESERVICES.COM.AU BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED


1. WITH THE USE OR PERFORMANCE OF THIS WEB SITE,


2. WITH THE DELAY OR INABILITY TO USE THIS WEB SITE,


3. WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR


4. FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF HIRESERVICES.COM.AU HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.


DUE TO THE FACT THAT CERTAIN JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.


HIRESERVICES.COM.AU reserves the right in its sole discretion to deny any user access to this Web site, any interactive service herein, or any portion of this Web site without notice, and the right to change the terms, conditions, and notices under which this Web site is offered.


This agreement is governed by the laws of the State of Victoria, Australia. You hereby consent to the exclusive jurisdiction and venue of courts in in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HIRESERVICES.COM.AU as a result of this agreement or use of this Web site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.


This agreement constitutes the entire agreement between the user and HIRESERVICES.COM.AU with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product or event. Any rights not expressly granted herein are reserved.


All messages express the views of the author and neither the owners of Hireservices.com.au will be held responsible for the content of any messages.


The owners of Hireservices.com.au reserve the right to remove, edit or close any Profiles, members, photos, videos, messages, information, etc, posted of the website.


All logos and trademarks in this site are property of their respective owner. All profiles, photos, videos, messages, comments are property of their users.


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