UPTASKPRO.COM
User Agreement
Effective Date: 8/28/2024
This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.User Agreement Table of Contents
In this User Agreement:
- “Account” means the account associated with your email address and used to access the UpTaskPro platform.
- “Employer” means a User who posts Projects or Tasks on UpTaskPro to hire Service Pros or purchase Service Pro Services. A User may act as both an Employer and a Service Pro under this agreement.
- “Project” means a job, task, or service offered, posted, or awarded by an Employer via the UpTaskPro platform, which may include Projects listed by Employers or services awarded to Service Pros.
- “Task” means any individual job or service that can be posted and completed on UpTaskPro.
- “Service Pro” means a User that offers and provides services or identifies as a Service Pro through the UpTaskPro platform. A User may act as both a Service Pro and an Employer under this agreement.
- “Service Pro Services” means all services provided by a Service Pro through the UpTaskPro platform.
- “Milestone Payment” means a payment made by the Employer for the provision of Service Pro Services under a User Contract, which will be released in accordance with the “Milestone Payments” section of this agreement.
- “User”, “you”, or “your” means an individual who visits or uses the UpTaskPro platform, including through any API or other access mechanisms.
- “User Contract” means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Service Pro and Employer uploaded to the UpTaskPro platform, to the extent not inconsistent with this User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the UpTaskPro platform, to the extent not inconsistent with this User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.
- “Inactive Account” means a User Account that has not been logged into for a period of 6 months or any other period as determined by UpTaskPro from time to time.
- “Intellectual Property Rights” means any and all intellectual property rights, existing worldwide, and the subject matter of such rights, including: (a) patents, copyrights, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered, and whether existing under any laws, at common law or in equity.
- “Local Job” or “Local Task” means a service provided to match an Employer with a Service Pro for location-specific services.
- “UpTaskPro Services” means all services provided by UpTaskPro to its Users.
- “Website” means the website operated by UpTaskPro and available at: UpTaskPro.com and any of its regional or other domains or properties, and any related UpTaskPro service, tool, or application, specifically including mobile web, any iOS App, Android App, API, or other access mechanisms.
Overview
By accessing the UpTaskPro platform, you agree to the following terms outlined in this User Agreement.UpTaskPro reserves the right to amend this User Agreement and any related information at any time by posting the updated terms on the platform without prior notice to you.UpTaskPro serves as an online venue where Users, identified as Employers and Service Pros, connect to buy and sell services. Both Employers and Service Pros must register for an Account to post or bid on Projects, Tasks, or other services. The platform facilitates collaboration between Users to complete, manage, and pay for Projects and Tasks. However, UpTaskPro is not a party to any contractual agreements between Employers and Service Pros. Our role is limited to facilitating connections between the parties involved.From time to time, and without prior notice, we may change, update, or add to the platform, including the information, products, or services described within it. While we strive to maintain accurate and current information, UpTaskPro does not guarantee that all information on the platform will be free from errors or omissions, and we are not liable for any inaccuracies or outdated information.Scope
Before using the UpTaskPro platform, you must thoroughly read this entire User Agreement, along with our platform policies and all linked information.
By accessing and using UpTaskPro, you agree to accept and comply with all the terms outlined in this User Agreement, the Code of Conduct, the UpTaskPro Privacy Policy, and all related platform policies. Your acceptance of this User Agreement signifies that it applies whenever you use the platform or utilize any tools we provide to interact with the platform. Certain sections of the UpTaskPro platform or specific services may be governed by additional or alternative terms, which will be provided to you at the time you use those services.
Eligibility
You are not permitted to use the UpTaskPro platform if you:- Are unable to form legally binding contracts;
- Are under the age of 18;
- Are a person barred from receiving or providing services under the laws of the United States or other applicable jurisdictions;
- Are suspended from using the UpTaskPro platform; or
- Do not possess a valid email address.
While using the UpTaskPro platform, you agree not to attempt or engage in any of the following activities:
- Post content or items in inappropriate categories or areas on the UpTaskPro platform and services;
- Infringe any laws, third-party rights, or our policies, such as the Code of Conduct;
- Fail to deliver payment for services rendered to you;
- Fail to deliver Service Pro Services purchased from you;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to UpTaskPro;
- Post false, inaccurate, misleading, deceptive, defamatory, or offensive content (including personal information);
- Take any action that may undermine the feedback or reputation systems (such as displaying, importing, or exporting feedback information or using it for purposes unrelated to the UpTaskPro platform);
- Transfer your UpTaskPro account (including feedback) and Username to another party without our consent;
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm UpTaskPro, the platform, or the interests or property of UpTaskPro users (including their Intellectual Property Rights, privacy, and publicity rights), or that are unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane, or that may harass or cause distress or inconvenience to, or incite hatred of, any person;
- Download and aggregate listings from our platform for display with listings from other websites without our express written permission, “frame”, “mirror,” or otherwise incorporate any part of the UpTaskPro platform into any other website without our prior written authorization;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the UpTaskPro platform;
- Copy, modify, or distribute rights or content from the UpTaskPro platform or UpTaskPro’s copyrights and trademarks; or
- Harvest or otherwise collect information about Users, including email addresses, without their consent.
- Use UpTaskPro to facilitate money exchange, including but not limited to cryptocurrency (e.g., bitcoin, ethereum, etc.).
Intellectual Property Rights Infringement
UpTaskPro is committed to responding to clear and legitimate notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make the process of submitting notices of alleged infringement straightforward, while also reducing the number of fraudulent or unclear notices we receive.If you believe that your Intellectual Property Rights have been violated on the UpTaskPro platform, please notify us by submitting a notice via the link provided on our Website. Upon receiving your notice, we will promptly investigate the claim.Fees and Services
UpTaskPro charges fees for certain services, including but not limited to, introduction fees for Projects, listing upgrades, and membership subscriptions. When you use a service that incurs a fee, you will have the opportunity to review and accept the fees that apply based on our schedule of Fees and Charges. This schedule may be updated from time to time, and any changes will be posted on our Website.
We may, at our discretion, temporarily adjust the fees for our services during promotional events (e.g., discounts on memberships) or for the introduction of new services. These changes will be effective when we post the details of the promotional event or new service on the UpTaskPro platform, or as communicated through promotional correspondence.
Taxes
You are responsible for paying any taxes, including sales tax, that may be applicable depending on the jurisdiction of the services provided.Based on your residency or location within the United States, certain fees that we charge may be subject to state and local sales taxes. If applicable, these taxes will be added to the fees billed to you.You acknowledge that it is your responsibility to comply with your obligations under the income tax laws and provisions in your respective jurisdiction.Promotion
UpTaskPro may display your business name, logo, images, or other media as part of the UpTaskPro Services and/or in other marketing materials related to the platform. If you prefer that we do not use your business or media in this way, you must explicitly request this, and we must agree to your request in writing.You acknowledge that UpTaskPro may use the public description of your Projects, as well as the content of your profile information, on the platform for marketing and other related purposes.UpTaskPro does not claim ownership of your User Content; however, by submitting content to the platform, you grant UpTaskPro a non-exclusive, sublicensable, irrevocable, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights. This license allows us to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available, and otherwise exploit such User Content, in whole or in part, in all media formats now known or hereafter devised, including third-party sites and platforms, in any number of copies and without limit as to time, manner, or frequency of use. This can be done without further notice to you, and without the requirement of permission from, or payment to, you or any other person or entity.
You acknowledge and agree that:
- UpTaskPro acts only as a forum for the online distribution and publication of User Content. We make no warranty that User Content will be made available on the platform, and we have the right (but not the obligation) to take any action we deem appropriate with respect to your User Content.
- We have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the platform.
- Any and all content submitted to the platform is subject to our approval. We may reject, approve, or modify your User Content at our sole discretion.
You represent and warrant that your content:
- Will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right, proprietary right, or right of publicity or privacy of any person;
- Will not violate any law or regulation;
- Will not be defamatory or trade libelous;
- Will not be obscene or contain child pornography;
- Will not involve the development, design, manufacture, or production of missiles, or nuclear, chemical, or biological weapons;
- Will not contain material linked to terrorist activities;
- Will not include incomplete, false, or inaccurate information about yourself or any other individual; and
- Will not contain any viruses or other computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
You acknowledge and agree that UpTaskPro may transfer your personal information to a related entity, and your information may be transferred outside of the United States. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the platform and UpTaskPro Services and may close your account.
Information on the platform may contain general information about legal, financial, health, and other matters. This information is not advice and should not be treated as such. You must not rely on the information on the platform as an alternative to professional advice. If you have specific questions about any matter, you should consult your professional adviser.
UpTaskPro provides unmonitored access to third-party content, including User feedback and articles with original content and opinions (or links to such third-party content). We act solely as a portal and have no liability based on, or related to, third-party content on the platform, whether arising under laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The platform may contain links to other third-party websites. UpTaskPro does not control the websites to which we link from the platform, nor do we endorse the content, products, services, practices, policies, or performance of the websites we link to. Use of third-party content, links to third-party content, and/or websites is at your own risk.
Regarding the deletion or hiding of any information or content, using the platform to delete, hide, or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period to fulfill record-keeping, regulatory, compliance, statistical, law enforcement, and other obligations.
Feedback, Reputation, and Reviews
You acknowledge that by leaving feedback, reputation ratings, or reviews on the UpTaskPro platform, you transfer the copyright of such content (including comments, ratings such as quality, communication, etc., and any composite ratings created by UpTaskPro) to us. While you remain a User, we permit you to use this feedback, reputation, and reviews on the platform. However, these remain the sole property of UpTaskPro. You must not use or deal with such feedback, reputation, and reviews in any manner inconsistent with our policies as posted on the platform from time to time, without our prior written permission.
You may not take any actions or omit to take actions that could undermine the integrity of UpTaskPro‘s feedback system. We reserve the right to suspend or terminate your account at any time if we, in our sole and absolute discretion, are concerned about any feedback related to you or your feedback rating, particularly if we believe the integrity of our feedback system may be compromised.
Our feedback ratings belong exclusively to UpTaskPro and may only be used to facilitate the provision of Service Pro Services on the platform. You may not use your feedback or reputation ratings (including, but not limited to, marketing or exporting any or all of your composite ratings or feedback comments) in any real or virtual venue other than on a website operated by UpTaskPro or its related entities, without our written permission.
Advertising
Unless otherwise agreed with UpTaskPro, you are not permitted to advertise any external website, product, or service on the UpTaskPro platform. Any website address posted on the platform, including in a listing, bid, project description, clarification board, or message board, must directly relate to a Project, Task, user, or service being performed on the UpTaskPro platform.
UpTaskPro may display advertisements or promotions on the platform. You acknowledge and agree that UpTaskPro is not responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions, or any subsequent dealings with third parties. Additionally, you acknowledge and agree that the content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents, or other intellectual property or proprietary rights and laws. Unless expressly authorized by UpTaskPro or the third-party rights holders, you agree not to modify, sell, distribute, appropriate, or create derivative works based on such advertisements or promotions.
Communication with other users on the Website must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, Project message board, direct message sending and other communication channels provided on the Website.
You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.
Users found to be in violation of our Terms and Conditions by engaging in communications and transactions outside the platform will incur a penalty equivalent to 30% of the maximum project budget or 30% of the amount agreed upon by the involved parties, whichever is higher.
In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.
Freelancer may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
Identity / Know Your Customer
You authorize UpTaskPro, directly or through third parties, to make any inquiries we deem necessary to validate your identity. At our request, you must:
- Provide further information, which may include your date of birth or other details that allow us to reasonably identify you;
- Take steps to confirm ownership of your email address or financial instruments; and/or
- Verify your information against third-party databases or through other sources.
Additionally, you may be required to provide copies of identification documents (such as your passport or driver’s license). We may also ask you to provide photographic identification holding your identification along with a sign containing a code that we provide as an additional identity verification step. We reserve the right to request a video interview with you to validate this information, your identity, your background, and your skills.
UpTaskPro reserves the right to close, suspend, or limit access to your account, the platform, and/or UpTaskPro Services if we are unable to obtain or verify to our satisfaction the information requested under this section.
We reserve the right to update your account details on the platform to match any identity documentation provided. Disbursements, such as wire transfers, may only be made to the beneficiary whose identity matches the documentation and account information provided.
If your identity is not verified to our satisfaction, you may not be able to withdraw funds from your UpTaskPro account, and other restrictions may apply. Please refer to our Know Your Customer and Identity Verification Policy for more details.
User Services
Upon the Employer awarding a Project or Task to the Service Pro, and the Service Pro’s acceptance on the UpTaskPro platform, or the purchase of a service by an Employer from the Service Pro, the Employer and Service Pro are deemed to have entered into a User Contract. Under this contract, the Employer agrees to purchase, and the Service Pro agrees to deliver, the agreed-upon services. You agree not to enter into any contractual provisions that conflict with this User Agreement.
You are solely responsible for ensuring that you comply with your obligations to other Users. Failure to do so may result in liability to that User. It is your responsibility to be aware of any domestic laws (including common law), international laws, statutes, ordinances, and regulations relevant to you as an Employer or Service Pro, or in any other use you make of the UpTaskPro platform.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights you may have. For clarity, UpTaskPro has no responsibility for enforcing any rights under a User Contract.
Depending on your jurisdiction, Service Pros and Employers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that, by applicable law, may not be excluded. This User Agreement is drafted to comply with relevant laws concerning unfair contracts, and in the event of any conflict with inalienable rights under local laws, this agreement will be interpreted to be in compliance with such laws to the extent necessary and no further.
Each User acknowledges and agrees that the relationship between Employers and Service Pros is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency, or employment relationship between Users. Additionally, nothing in this User Agreement shall be construed as forming a joint venture, partnership, or employer-employee relationship between UpTaskPro and any User.
Each User acknowledges the following:
- UpTaskPro does not review, approve, recommend, or verify any credentials, licenses, or statements of capability related to Local Jobs (or, for the avoidance of doubt, any non-Local Jobs on the platform).
- UpTaskPro provides matchmaking and platform services only. Users agree that UpTaskPro has no liability for any other aspect of service delivery or interaction between Employer and Service Pro. UpTaskPro is not a party to any disputes between Employers and Service Pros, although we provide a dispute resolution mechanism to assist the parties in resolving issues.
- UpTaskPro may include map features from time to time and may display the location of Users to others browsing the platform on that map. Every Employer seeking services for Local Jobs will be asked to provide the location where the Local Job is to be performed. You expressly agree that UpTaskPro has no liability for displaying such information.
- A User must never disclose personal details such as their name, street number, phone number, or email address in any Project description for a Local Job or in any other public communication on the platform (these may be disclosed for Local Jobs as required in private direct messages).
- UpTaskPro may collect location-related data from you via technologies including, but not limited to, GPS, IP address location, Wi-Fi, and other methods. This data may be shared to facilitate services for Local Jobs, and each User specifically consents to this collection and sharing as part of this agreement.
- Upon completion of a Local Job, the Service Pro must log on to the platform and click the “Complete” button for that Local Job as soon as practicable. Failure to complete the service or task will constitute a breach of this User Agreement.
- Our fees are applied to the amount of the awarded Service Pro’s bid to perform the services for the Local Job. Any items purchased by the Service Pro as part of performing the service are a matter between the Employer and the Service Pro.
You may have positive funds in your UpTaskPro account if you have prepaid for fees or charges, or for services to be provided via the platform. If you are a Service Pro, you may have positive funds if you have successfully completed a Project or Task and the funds have been released to you. Additionally, funds may be credited to your account in relation to an affiliate program or a referral program.
Funds in your account are held by us in our operating accounts with financial institutions. These funds are not held separately and may be commingled with our general operating funds and/or the funds of other users’ accounts.
You are not entitled to any interest or other earnings on funds in your account.
UpTaskPro may receive interest on funds held in our operating accounts from financial institutions. Any such interest earned belongs to us, and we will not be liable to any user for any imputed interest on such funds.
If your account has negative funds, we may take the following actions:
- Set off the negative amount with funds that you subsequently receive into your account;
- Reverse payments you have made from your account to other user accounts on the platform;
- Deduct amounts you owe us from money you subsequently add or receive into your account; or
- Immediately suspend or limit your account until such time as your account no longer has a negative balance.
In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your account.
We reserve the right to collect any funds owed to us by any legal means.
You acknowledge and agree that:
- UpTaskPro is not a bank or other licensed financial institution and does not provide banking or financial services to you;
- The funds shown in your account (which may include Milestone Payments and/or any prepayment of fees and charges you owe us) represent our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of services through the platform and the provision of UpTaskPro services;
- If your account was migrated to UpTaskPro from another platform, we are responsible for your positive funds only to the extent of the legal documentation between us and any acquired marketplace, along with this agreement. You acknowledge that it is your responsibility to confirm the validity of your funds, and any understatement or misstatement is not a claim against us, but rather with the counterparty of any prior user agreement to which you agreed;
- To the extent that we are required to release funds from your account to you, you will become our unsecured creditor until such funds are paid to you;
- UpTaskPro is not acting as a trustee or fiduciary with respect to such funds or payments;
- The amount of funds shown in your account is not insured and is not a guaranteed deposit;
- Funds may only be loaded into your account or released from your account by us, and you must only use the mechanisms available on the platform to pay for or receive funds in respect of services;
- Any refunds required to be processed in your favor will be returned only to the source of the original deposit and cannot be redirected to any other payment source;
- We will hold funds in respect of your account (including Milestone Payments) in an account held by us with a financial institution (or in any manner that we decide at our sole discretion), and such funds are not segregated into a separate account; and
- We may commingle your funds with the funds of other users and our own funds. These commingled funds could be used to pay other users or for our general corporate purposes. However, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.
Limits & Fraud Prevention
UpTaskPro reserves the right to suspend a user’s withdrawal request if the source of the funds is suspected to be fraudulent.
If we become aware that any funds received into an account as a result of a fraudulent transaction, these funds will be reversed immediately. If those funds have already been released to you, you are required to return the funds to your account. Failure to do so may result in the suspension, limitation, or cancellation of your account, or other actions taken against you to recover those funds.
We may, at our sole discretion, place a limit on any or all of the funds in your account (thereby preventing any use of the funds) if:
- We believe there may be an unacceptable level of risk associated with you, your account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
- We believe that the beneficiary of the payment is someone other than you;
- We believe that the payment is being made to a country where we do not offer our services; or
- We are required to do so by law or applicable law enforcement agencies.
If you are involved in a dispute, we may, in certain circumstances, place a temporary limit on the funds in your account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will lift the limit on your funds, and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behavior, while we investigate the matter.
Refunds
You may request a refund at any time for any funds that you have paid into your UpTaskPro account, except if the amount to be refunded relates to fees or charges payable to us.
If the refund request relates to our fees and charges, you must follow the process set out in the “Disputes with Us” section of this agreement.
If we agree to the refund, the funds will be returned to you via the same payment method(s) that you used to make the original payment to us.
UpTaskPro may issue refunds to users irrespective of whether a refund request has been made if:
- We are required by law or consider that we are required by law to do so;
- We determine that refunding funds to the user will avoid any dispute or an increase in our costs;
- We refund funds to the user in accordance with any refund policy specified by us from time to time;
- We discover that the original payment made by the user was fraudulent;
- The user made a duplicate payment in error; or
- We consider, in our sole opinion, that refunding funds is necessary to avoid a credit card chargeback.
You can request a refund by contacting our customer support via our website or by emailing us at support@uptaskpro.com.
If you initiate any chargeback request or similar process with your card issuer, you expressly agree and consent to UpTaskPro sharing any and all information related to your agreement to these terms and conditions, in order to contest the chargeback request.
If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.
If we reasonably determine, after considering all relevant circumstances, that you have made an excessive or unreasonable number of refund requests or chargebacks, we may suspend, limit, or close your account.
Withdrawals
Your first withdrawal of funds earned may be delayed for up to fifteen days for security and fraud prevention purposes.
Subsequent withdrawals may also be delayed for up to fifteen days if our fraud prevention policies require a delay.
We may impose a minimum withdrawal amount for funds earned, as specified in our schedule of Fees and Charges. The maximum amount you can withdraw per month is $10,000 unless otherwise specifically agreed upon with our support team.
We may require you to verify your identity with UpTaskPro before you can withdraw funds from your account, regardless of whether or not a delay has been enforced. For details on how to verify your identity, please refer to our “Identity / Know Your Customer” section of this agreement.
You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer policies.
Chargebacks
A chargeback occurs when a User challenges a payment with their card issuer or financial institution, leading to a subsequent reversal instruction. These actions are initiated by the payment product issuer or third parties (such as payment processors) and not by UpTaskPro. We are obligated to follow such instructions.
You acknowledge and agree that UpTaskPro is entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Employers through the platform, as well as any processing or other fees incurred by us in relation to those chargebacks and reversals.
You agree that we may reverse any such payments made to you that are subject to a chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors). If you initiate a chargeback request, “Request for Information,” or similar process, you expressly agree and consent to UpTaskPro sharing any and all information related to your agreement to these terms and conditions, in order to contest any such chargeback request.
Inactive Accounts
User accounts that have not been logged into for a certain period will incur a maintenance fee per month until either the account is closed or reactivated. This fee is charged to cover the storage, bandwidth, support, and management costs associated with providing hosting of the user’s profile, portfolio storage, listing in directories, promotion of your profile on the UpTaskPro platform and elsewhere, provision of services, file storage, message transmission, general administrative matters, and other storage costs.
The length of the inactivity period and the amount of the maintenance fee are specified in our schedule of Fees and Charges.
UpTaskPro reserves the right to close an inactive account.
We also reserve the right to close an account with a zero or negative balance.
Right to Refuse Service
UpTaskPro reserves the right to close, suspend, or limit your access to your account at our discretion and without providing a reason. Without limiting the generality of the foregoing, we may close, suspend, or limit your access to your account under the following circumstances:
- If we determine that you have breached, or are acting in breach of this User Agreement;
- If you under-bid on any Project or Task in an attempt to renegotiate the actual price privately, thereby attempting to avoid fees;
- If we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
- If we determine that you have engaged, or are engaging, in fraudulent or illegal activities;
- If you do not respond to account verification requests;
- If you do not complete account verification when requested within 3 months of the date of request;
- If you are the subject of a United Nations, U.S., or other applicable sanctions regime, or if our banking and payment relationships otherwise preclude us from conducting business with you;
- To manage any risk of loss to us, another user, or any other person; or
- For other reasons.
If we close your account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
Without limiting our other remedies, if you have breached this User Agreement, you must pay us all fees owed and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You acknowledge and agree that:
- The damages we may sustain as a result of your breach of this User Agreement could be substantial and may potentially include fines and other related expenses imposed on us by our payment processors and users, and that those damages may be extremely difficult and impractical to ascertain;
- If you breach this User Agreement, we may fine you up to US$3,500 for each breach and/or take legal action against you to recover losses that exceed the fine amount;
- A fine of up to US$3,500 is a presently reasonable pre-estimate or minimum estimate of our damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to us that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult; and
- We may release the entire (or part of the) amount of the fine from your account to us.
If we close your account for a reason other than as a result of your breach of this User Agreement, unless otherwise specified in this User Agreement, you will be entitled to receive any payment due to you from us.
In the event that we close your account, you will have no claim whatsoever against us in respect of any such suspension or termination of your account.
Milestone Payments
UpTaskPro does not operate an escrow service. However, we provide a service on the platform that allows controlled payments to be made with respect to a service, known as Milestone Payments.
Subject to the User Contract, the Employer can make a Milestone Payment, which will be locked from the Employer’s account and cannot be claimed by the Service Pro until one of the following occurs:
- The Employer and Service Pro agree that the funds can be claimed by the Service Pro;
- If there is a dispute, the Employer and Service Pro have concluded the Dispute Resolution Process, and the dispute is resolved in the Service Pro’s favor;
- The Employer instructs us to pay the Service Pro for services performed by the Service Pro in respect of a Project or Task; or
- The Employer acknowledges that the Service Pro has completed the services fully and satisfactorily.
If an Employer does not approve of the Service Pro’s work product, the parties may choose to resolve the issue through the Dispute Resolution Process.
If we have not received any instructions or dispute from an Employer or Service Pro regarding a Milestone Payment within six months, or any other reasonable length of time after the Milestone Payment was made, and the Employer has not logged into their account during that time, the Milestone Payment will be unlocked and released back to the Employer.
Milestone Dispute Resolution Services
UpTaskPro offers Milestone Dispute Resolution Services to users who have elected to use the Milestone Payment feature. You agree and acknowledge that:- UpTaskPro is not providing legal services;
- UpTaskPro will not advise you regarding any legal matters; and
- If you desire legal counsel, you should seek independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on UpTaskPro for any such counsel.
You acknowledge and agree that if a dispute arises between you and another user regarding any Project or Task, you will first attempt to resolve any differences directly with the other user, including issues related to the quality of the services provided.
If you continue to experience difficulties or problems in resolving the dispute, we encourage you to contact us as outlined in the “Contacting Us” section.
For any dispute not related to a Milestone Payment (which must be dealt with according to the Milestone Dispute Resolution Services), you agree that it will be handled in accordance with this clause. UpTaskPro will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, UpTaskPro may request both the Service Pro and the Employer to provide documentation supporting their claim or position regarding the dispute. UpTaskPro has absolute discretion to accept or reject any document provided.
You acknowledge that UpTaskPro is not a judicial or alternative dispute resolution institution, and we will make determinations as an ordinary reasonable party. Additionally, we do not warrant that the documents provided by the parties to the dispute will be true, complete, or correct, and you agree to indemnify and (to the maximum extent permitted by law) hold UpTaskPro and our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material being subsequently found to be false or misleading.
In relation to disputes with any other users of the platform, you hereby agree to indemnify UpTaskPro from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, related to such a dispute, our determinations, or the use of the Milestone Dispute Resolution Services and/or this dispute resolution process.
The UpTaskPro Code of Conduct applies to all services offered by UpTaskPro, including, but not limited to, the Milestone Dispute Resolution Services. You agree to make every effort to engage in fair play and post reasonable and fair demands/offers during your dispute. Conduct related to threats, blackmail, intimidation, or attempts to induce users to leave positive feedback will not be tolerated, particularly any refusal to provide either deliverables or payment in exchange for favorable feedback.
A user found to be in breach of the Code of Conduct during the dispute resolution process may automatically lose the dispute in favor of the other party involved, regardless of the origin of the dispute. The user who breached the Code of Conduct may also face further disciplinary action. For more information, please refer to the UpTaskPro Code of Conduct.
Disputes With Us
If a dispute arises between you and UpTaskPro, our goal is to address your concerns promptly and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at support@uptaskpro.com.
All claims you bring against UpTaskPro must be resolved in accordance with the terms of this User Agreement. Any claims filed or brought contrary to this agreement will be considered improperly filed and a breach of this agreement. Should you file a claim contrary to the terms of this agreement, UpTaskPro may recover its legal fees and costs, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis, and you will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, UpTaskPro will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this agreement.
UpTaskPro‘s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Survival and Release
This User Agreement supersedes any other agreement between you and UpTaskPro. If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that the remainder of this document remains in full force and effect. Our failure to enforce any part of this document is not a waiver of any of our rights to enforce that or any other part of this document at a later time. We may assign any of our rights and obligations under this agreement at any time.
If a dispute arises between participants on the platform, or between users and any third party, you agree that UpTaskPro is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release UpTaskPro, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our services.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.”
Access and Interference
You agree that you will not use any robot, spider, scraper, or other automated means to access the UpTaskPro platform for any purpose without our express written permission.
Additionally, you agree that you will not:
- Take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- Interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system, or network connected to or used (by you or us) in relation to the platform or your account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the platform without the prior express written permission of UpTaskPro and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper functioning of the platform, services, or tools, or any activities conducted on or with the platform, services, or tools; or
- Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the platform.
Closing Your Account
You may close your UpTaskPro account at any time. The option to close your account is located in the Account Settings.
Account closure is subject to the following conditions:
- You must not have any outstanding listings on the platform;
- You must resolve any outstanding matters (such as a suspension or restriction on your account); and
- You must pay any outstanding fees or amounts owing on the account.
We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.
Privacy
We use your information as described in the UpTaskPro Privacy Policy. If you object to your information being transferred or used in this manner, you must not use our services.
For clarity, your name and personal details will be used for identity purposes in the normal course of conducting business on this online marketplace. This may include appearing on invoices, purchase orders, and other documents generated during transactions, including those automatically created when awarding, accepting, and processing payments.
Indemnity
You agree to indemnify and hold harmless UpTaskPro (and our officers, directors, agents, subsidiaries, joint venturers, and employees) from any claim or demand, including legal fees and costs, made by any third party due to or arising out of your breach of this User Agreement, or your infringement of any law or the rights of a third party during your use of the UpTaskPro platform and services.
Additionally, we reserve the right to apply any funds in your account against any liabilities you owe to us or any loss suffered by us as a result of your non-performance or breach of this User Agreement.
Security
You must immediately notify us if you become aware of any unauthorized access or any other security breach related to the UpTaskPro platform, your account, or UpTaskPro services. You are responsible for taking all necessary steps to mitigate the unauthorized access or security breach, which may include preserving evidence and notifying appropriate authorities.
Your user account is personal to you, and you must not share your password with others. You are solely responsible for securing your password. UpTaskPro will not be liable for any loss or damage arising from unauthorized access to your account due to your failure to secure your password.
No Warranty as to Each User’s Purported Identity
UpTaskPro cannot and does not confirm the purported identity of each user on the platform. The information provided about users is based solely on the data that a user submits. We provide this information solely for the convenience of users, and the provision of such information does not constitute an introduction, endorsement, or recommendation by UpTaskPro.
No Warranty as to Content
The UpTaskPro platform is dynamic and time-sensitive, meaning that information on the platform may change frequently. It is possible that some information may be considered offensive, harmful, inaccurate, misleading, mislabeled, or deceptively labeled, either accidentally by us or intentionally or accidentally by a third party.
Our services, the platform, and all content on it are provided on an “as is,” “with all faults,” and “as available” basis, without warranties of any kind, either express or implied. Without limiting the foregoing, we make no representation or warranty about:
- The platform or any services provided by Service Pros;
- The accuracy, reliability, availability, veracity, timeliness, or content of the platform or any services provided by Service Pros;
- Whether the platform or services will be up-to-date, uninterrupted, secure, error-free, or non-misleading;
- Whether defects in the platform will be corrected;
- Whether the platform, services, or any data, content, or material will be backed up or whether business continuity arrangements are in place in respect of the platform or services;
- Any third-party agreements or any guarantee of business gained by you through the platform or services; or
- The platform, services, or infrastructure on which they are based being free of errors or malicious code, secure, confidential, performing at any particular standard, or having any particular function.
To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability, and non-infringement.
Limitation of Liability
In no event shall UpTaskPro, our related entities, affiliates, or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- Any indirect, special, incidental, or consequential damages that may be incurred by you;
- Any loss of income, business, or profits (whether direct or indirect) that may be incurred by you;
- Any claim, damage, or loss that may be incurred by you as a result of any of your transactions involving the UpTaskPro platform.
The limitations on our liability to you, as stated above, shall apply whether or not UpTaskPro, our related entities, affiliates, or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of UpTaskPro, our affiliates, or related entities where and to the extent that applicable law prohibits such exclusion or limitation, including those within relevant consumer protection laws.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by any legislation to the following remedies (the choice of which is at our sole discretion): the re-supply of the UpTaskPro services or the payment of the cost of having the services re-supplied.
Legal Limitations
As some jurisdictions do not allow certain exclusions or limitations as outlined above, some of these exclusions or limitations may not apply to you. In such cases, our liability will be limited to the maximum extent legally permissible under the applicable legislation. We may use this User Agreement as a defense in any claim, action, proceeding, or suit brought by you against us for any matter arising out of any transaction or otherwise in relation to this User Agreement.
You and UpTaskPro agree that both parties will only be permitted to bring claims against the other on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and UpTaskPro agree otherwise, an arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative, or class proceeding. Additionally, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim(s). Any relief awarded cannot affect other users.
Notices
Legal notices will be served to the email address you provide to UpTaskPro during the registration process. Notice will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may provide you with legal notice by mail to the physical address you provided during the registration process. In such cases, notice will be deemed given three days after the date of mailing.
Law and Forum for Legal Disputes
This User Agreement will be governed in all respects by the laws of the State of Florida, United States. We encourage you to try to resolve disputes using certified mediation, such as online dispute resolution processes. If a dispute cannot be resolved through mediation, you and UpTaskPro irrevocably submit to the non-exclusive jurisdiction of the courts of the State of Florida, United States.
Severability
The provisions of this User Agreement are severable, meaning that if any provision of this User Agreement is found to be invalid or unenforceable, that provision may be removed, and the remaining provisions will continue to be enforced. This agreement may be assigned by UpTaskPro to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of such a sale or transfer, you will remain bound by this User Agreement.
Interpretation
Headings in this User Agreement are provided for reference purposes only and do not define, limit, construe, or describe the scope or extent of any section.No Waiver
UpTaskPro‘s failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising from fraud or fraudulent misrepresentation.
Communications
You consent to receive notices and information from UpTaskPro regarding the platform and services through electronic communication. You may withdraw this consent at any time; however, if you do so, UpTaskPro may choose to suspend or close your account.Additional Terms
It is important to read and understand all our policies, as they provide the rules for using the UpTaskPro platform. Additionally, there may be specific policies or rules that apply to certain services, and it is your responsibility to check our Help pages and policies to ensure compliance. Our policies, including all policies referenced within them, are part of this User Agreement and provide additional terms and conditions related to specific services offered on our platform, including but not limited to: Each of these policies may be changed from time to time. Changes take effect when we post them on the UpTaskPro platform. When using particular services on our platform, you are subject to any posted policies or rules applicable to the services you use, which may be updated periodically. All such policies or rules are incorporated into this User Agreement.General
This User Agreement contains the entire understanding and agreement between you and UpTaskPro. The following sections will survive any termination of this agreement: Fees and Services (with respect to fees owed for our services), Release, Content, No Warranty as to Content, Limitation of Liability, Indemnity, Bar to Action, No Class Actions, Legal Limitations, and Disputes with Us.
Abusing UpTaskPro
UpTaskPro reserves, to the greatest extent possible, all rights to take action, including but not limited to limiting, suspending, or terminating our service(s) and/or user account(s), suspending or banning access to our platform, removing any content, and taking any and all technical or legal steps to ban users.
Without limiting the reasons for taking these actions, conduct that could result in such responses includes:
- Use of our services for any illegitimate or non bona fide purpose;
- Creating problems with other users or potential legal liabilities;
- Infringing the intellectual property rights of third parties;
- Acting inconsistently with the letter or spirit of any of our policies;
- Abuse of any UpTaskPro staff members, including inappropriate or unreasonable communications;
- Abuse or poor performance in any special programs or services provided by UpTaskPro;
- Any attempt to use the UpTaskPro platform or services for any objectionable purpose.
Feedback
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by email at support@uptaskpro.com.
