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CODELANCE TERMS AND CONDITIONS
This agreement sets out the terms and conditions ('Terms and Conditions') applicable to members of the service operated by CodeLance. Applicants (referred to as 'members') must agree to the following Terms and Conditions. In the event a member breaches or otherwise fails to comply with any provision of these Terms and Conditions then in addition to any other remedy available to CodeLance, CodeLance may terminate the participation of such member in the service and/or may withhold any payments relating to participation in the service due to such member from CodeLance.
ELIGIBILITY REQUIREMENTS
CodeLance shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service.
CONTACT INFORMATION DISCLOSURE (IMPORTANT RESTRICTIONS)
Buyers and developers may only exchange contact information during the bidding process for primary projects, and then only via the "Send Message" email facility (located on the account management page) or via a private message posted to a project's message board. Contact information may NOT be included as part of a project's description or included in any bid details regardless of the project type in question. CodeLance members who repeatedly ignore these instructions face their accounts being closed down without further notice. [Note: Contact information will be exchanged between the buyer and developer automatically when a developer is selected for a project.]
Contact information includes, but is not limited to, the following:
Company names
Website names and URLs (including links to previous work or demos)
Email addresses
Phone numbers
Fax numbers
"Messenger" addresses (MSN, Yahoo, ICQ, etc.)
Physical addresses
IMPORTANT: ANY MEMBER ATTEMPTING TO CIRCUMVENT THE RULES REGARDING THE DISCLOSURE OF CONTACT INFORMATION BY DISGUISING THEIR CONTACT DETAILS IN A CODELANCE COMMUNICATION WILL HAVE THEIR ACCOUNT CLOSED IMMEDIATELY. NO FURTHER CORRESPONDENCE WILL BE ENTERED INTO AND NO FUNDS WILL BE RETURNED.
AVOIDING COMMISSIONS
You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of CodeLance) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). But this also applies to any project that was closed without a programmer being chosen, and then contacting them about the project anyway. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate this type of activity at CodeLance.
Once a developer has been chosen for a project they MUST be paid by the buyer through CodeLance as soon as the project is completed successfully. Buyers who deposit funds in order to choose a developer but then attempt to withdraw those funds without making a payment risk having their accounts terminated without their funds being returned. We will NOT tolerate attempts to avoid payments to developers or CodeLance commission.
ABUSIVE MESSAGES AND ABUSE OF THE CODELANCE SYSTEM
Members who send abusive messages (in the form of project/bid descriptions, emails or message board posts) to other CodeLance members or CodeLance staff will have their accounts terminated immediately with no further correspondence being entered into. See the following section, "Removal from Network", for further details.
REMOVAL FROM NETWORK
CodeLance reserves the right to terminate the participation of any member or site without reason but expressly including any member or site that CodeLance judges to be in violation of the Terms and Conditions. Members in violation of CodeLance's Terms and Conditions will be immediately deactivated. CodeLance may deactivate members with no prior notification, though every effort will be made to notify the deactivated member via the email address provided by the member. Members found in violation of the Terms and Conditions will not receive any credit or payment from CodeLance. Members that are terminated by CodeLance on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from CodeLance.
PAYMENTS & WITHDRAWALS
Before a programmer's bid can be accepted by a project buyer, the project buyer must have sufficient funds in their CodeLance account to cover the bid in question. CodeLance will typically send funds to developers who have been paid if the member requests it AND their account balance is equal to or greater than $30. This also applies to payments made through the PayPal service. All amounts are stated in and all payments will be made in US funds, with the exception of withdrawals via cheque or Electronic Funds Transfer (amounts over 1000 USD only) which will be raised in UK Pounds Sterling. CodeLance reserves the right to delay payment until the buyer's funds have cleared (e.g. where a buyer has funded his/her account by credit card there may be a short delay until those funds are received in our own bank account, even though they have been credited to the buyer's CodeLance account.) Where a large withdrawal request is made for payment via PayPal and the buyer's funds have been submitted by some other means, due to the fact that we do not generally maintain a large PayPal balance there may be a short delay while sufficient funds are transferred to CodeLance's own PayPal account. As previously stated, any member or site that CodeLance removes from the service due to violation of the Terms and Conditions will receive no credit or payment.
As an anti-fraud measure, buyer refund requests for funds deposited by credit card or PayPal may only be processed by refunding the amount in question to the credit card or PayPal account originally used to make the deposit.
LIABILITY
CodeLance will immediately cancel the accounts of any members deemed to have made a fraudulent deposit of funds and will cooperate fully in any subsequent legal investigation. However, CodeLance cannot be held liable for any loss of earnings as the result of fraudulent behaviour.
Furthermore please note that CodeLance acts only as an introducer of parties and cannot be held liable for any damages of any nature arising after an introduction is made.
NEWSLETTER MEMBERSHIP
It is a condition of membership that all members agree to receive the monthly CodeLance newsletter.
COPYRIGHTS
No copyright material can be posted on CodeLance. This includes code which is sold by the author. Only posting sections of code, as examples, will be permitted. A "section" being no more than 10% of the total code. This is meant to protect the author's rights.
MODIFICATIONS
CodeLance reserves the right to change the member Terms and Conditions at any time. It is the member's responsibility to check these Terms and Conditions from time to time for such changes. In the event CodeLance offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.
OWNERSHIP
Members agree that all information contained on a website operated by CodeLance, and all information compiled by CodeLance through operation of an affiliate program, is the proprietary information of CodeLance. Personal information provided by members to CodeLance will be kept confidential and will not be distributed to any third party.
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