1. OVERVIEW

  • Throughout the website, the terms “we”, “us” and “our” refer to Mtloob.net.
  • Mtloob.net is an online marketplace that enables buyers of professional services (“Employers”) to search for, enter into and manage transactions with providers of professional services (“Freelancers” and, collectively with Employers, “Registered Users”). The Website contains features that enable Freelancers and Employers to do, among other things, the following:
  • Employers: Post Jobs, search for Freelancers, communicate with Freelancers, negotiate with Freelancers, award Jobs to Freelancers, manage Jobs, leave feedback for Freelancers, and pay Freelancers.
  • Freelancers: Create profiles, advertise capabilities, submit Quotas, negotiate with Employers, obtain Job awards, invoice, obtain feedback from Employers, and receive payment from Employers.
  • net offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/ or registering as a buyer or Freelancer, you engage in our “Service” and agree to be bound by the following “terms and conditions”.
  • These Terms of Service apply to all users of the website, including without limitation users who are browsers, freelancers, clients, buyers, and/ or contributors of content.
  • Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service.
  • If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
  • We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. REGISTRATION

(2.1) Eligibility :

  • To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts.
  • To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service.
  • By becoming a Registered User, you agree to:
    1. Abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website.
    2. Be financially responsible for your use of the Website and the purchase or delivery of services.
    3. Perform your obligations as specified by any Job Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service.
  • Mtloob.net reserves the right, in its sole discretion, to refuse, suspend, or terminate services to anyone.

(2.2) Registration :

  • To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate, and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.

(2.3) Accounts and Profiles :

  • Once you have registered with the Website as a Registered User, the Website will create your Account with Mtloob.net and associate it with an account number.
  • You may create a profile under your Account. During registration, you will be asked to choose a username and password for the Account.
  • As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website.
  • You authorize Mtloob.net to assume that any person using the Website with your username and password is you or is authorized to act for you.
  • You agree to notify us immediately if you suspect any unauthorized use of the account.

3. RELATIONSHIP

(3.1) Employer and Freelancer

Job Agreement:

  • It’s the engagement, contracting, and management of a Job are between an Employer and a Freelancer. Upon acceptance of a quote, the Employer agrees to purchase, and the Freelancer agrees to deliver the services and related deliverables in accordance with the following agreements:
    1. The Job Agreement between Employer and Freelancer including the Quote, Job Description, and other terms and conditions as communicated between Employer and Freelancer on the Website or otherwise
    2. These Terms of Service, and any other content uploaded to the Website by Mtloob.net (collectively, the “Job Agreement”).
  • You agree not to enter into any contractual provisions in conflict with these Terms of Service.
  • Any provision of a Job Agreement in conflict with these Terms of Service is void.
  • Employer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Job Agreement in a timely manner.
  • Freelancer is responsible for the performance and quality of the services in accordance with the Job Agreement in a timely manner.
  • Employers and Freelancers each agree to act with good faith and fair dealing in the performance of the Job Agreement.

Independence:

  • Employer and Freelancer each acknowledges and agrees that their relationship is that of independent contractors.
  • The Freelancer shall perform services as an independent contractor and nothing in these Terms of Service shall be supposed to create a partnership, joint venture, agency, or employer-employee relationship between Freelancer and Employer or between Mtloob.net and any Employer or Freelancer.

(3.2) Registered Users and Mtloob.net

General:

  • Mtloob.net is not a party to the dealing, contracting, and fulfillment of any Job between an Employer and a Freelancer. Mtloob.net has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of Job listings, the qualifications, background, or abilities of registered Users, the ability of Freelancers to perform services, the ability of employers to pay for services, or that an Employer or Freelancer can or will actually complete a Job.
  • Mtloob.net is not responsible for and will not control the manner in which a Freelancer operates and is not involved in the hiring, firing, discipline or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Freelancer.
  • Mtloob.net will not provide any Freelancer with any materials or tools to complete any job.
  • Employers and Freelancers must look solely to the other for enforcement and performance of all the rights and obligations arising from Job Agreements and any other terms, conditions, representations, or warranties associated with such dealings.

Third-Party Beneficiary of Job Agreement:

  • Employer and Freelancer each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Job Agreement.
  • Employer and Freelancer, therefore, appoint Mtloob.net as a third-party beneficiary of their Job Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, Mtloob.net by these Terms of Service.
  • Employers and Freelancers further agree that Mtloob.net has the right to take such actions with respect to the Job Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as Mtloob.net in its sole discretion considers the necessary actions to protect the value, reputation, and goodwill of the Website.

4. MTLOOB.NET FEES

(4.1) Membership Fees

Freelancers can choose various membership programs to subscribe to different levels of participation on the Website, as detailed here.

(4.2) Service Fees

Mtloob.net deducts one or more of the following fees, as applicable, from payments made by Employers to Freelancers using the Mtloob.net billing and Payment Services:

Job Fee:

Mtloob.net charges all Freelancers a Job Fee. The fee is based on a Freelancer’s membership type and is deducted from the total amount paid by an Employer for a Job as described here.

Employer Payment Handling Fee:

When an Employer pays a Freelancer, a Payment Handling Fee will be added to the invoice total.

Freelancer Transfer Method Fee:

If, upon a Freelancer’s request, funds are to be disbursed via a wire transfer, a Freelancer Transfer Method Fee will be charged to the Freelancer.

Transfers made through use of automated clearinghouse, Paypal and Payoneer debit card methods will incur no such fee.

Arbitration Service Fee:

For use of Arbitration Services, irrespective of the nature of the resolution and any resulting disbursements, Mtloob.net charges an Arbitration Service Fee, a percent of the total amount paid by an Employer to Mtloob.net for the applicable Job to which such payment relates.

Employer Withdraw Fee:

When the Employer withdraws funds from their cash account there is a withdrawal fee. This fee will be subtracted from the amount withdrawn.

(3.3) Change in Fees

  • We reserve the right to change any fees associated with Mtloob.net at any time, at the sole discretion of Mtloob.net. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.

5. BILLING AND PAYMENT SERVICES

(5.1) Invoice service

  • It enables freelancers to issue invoices and enables Employers to make payments for services.
  • When a freelancer delivers services to the employer, the freelancer will complete the electronic invoice form (the “invoice”) and submit it to Mtloob.net via the website.
  • A freelancer must complete and submit an invoice to Mtloob.net for each and every payment.

(5.2) Safe payment service

  • It enables employers to transfer certain payment responsibilities to Mtloob.net.
  • At an employer’s request, upon payment to Mtloob.net by an employer for services to be rendered by a freelancer, Mtloob.net will assume responsibility for the payment for such a freelancer’s services (less applicable service charge).
  • Mtloob.net agrees not to pay freelancers for services until after the occurrence of an employer’s acceptance of services.
  • Safe pay disputes: if an employer or freelancer reasonably disputes the quality or completion of services provided by such a freelancer, then both employer and freelancer agree that Mtloob.net shall have no payment obligations to any party related to relevant fees until such dispute is resolved in accordance with section 6 below.
  • Mtloob.net’s obligation to pay any payment (less applicable service charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such payment.

(5.3) Legal Relationship

  • Mtloob.net is not your agent with respect to any funds that have been transferred to Mtloob.net for any assumed payment liabilities.
  • Each freelancer must properly discharge and credit Employers for all payments that Mtloob.net makes to such freelancers in respect of services provided to such employers.
  • Mtloob.net acts as a payment provider by creating, hosting, maintaining, and providing the Mtloob.net billing and payment services to you via the internet.
  • Mtloob.net does not have any control over the services invoiced or paid for with the Mtloob.net billing and payment services. Additionally, Mtloob.net does not control whether an employer or freelancer will actually complete the underlying transaction.
  • Mtloob.net is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion, or workmanship of any work product produced by a freelancer as a result of an awarded job.
  • Mtloob.net is not acting as a trustee or a fiduciary of employers or freelancers and that the Mtloob.net billing and payment services are provided to registered users administratively.
  • Mtloob.net is not a “financial institution” and the Mtloob.net billing and payment services are payment services rather than banking services.

6. TERMINATION AND SUSPENSION

  • These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or Mtloob.net as provided for under the terms of this section.
  • Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event,
    1. Your Account is automatically terminated
    2. Mtloob.net shall continue to perform those services necessary to complete any open transaction between you and another Registered User.
    3. You shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Mtloob.net for any service and to any Freelancer for any services.
  • Any termination of an Account will automatically lead to the termination of all related profiles.
  • Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all services to you if:
    1. You breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website.
    2. We are unable to verify or authenticate any information you provide to us
    3. We believe in our sole discretion that your actions may cause legal liability for you, our Registered Users, or for Mtloob.net or are contrary to the interests of the Website.
  • Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
  • In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
  • When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.

7. PRIVACY AND CONFIDENTIALITY

  • Your use of the Website and the services provided therein and thereby is governed by these Terms of Service and the Mtloob.net Privacy Policy.
  • It is your responsibility to review the Mtloob.net Privacy Policy, which is incorporated by reference, and we suggest that you review the Privacy Policy and print a copy for yourself.
  • The Privacy Policy is posted on the Website and may be updated from time to time.
  • Unfortunately, we cannot ensure that disclosure of your personal information will not occur in ways not described in the Privacy Policy.
  • We may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

8. WARRANTY DISCLAIMER

  • The services provided by Mtloob.net or our third-party service providers are provided “as is,” as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).
  • We make no representations or warranties, of any kind, either express or implied, as to the quality, identity, or reliability of any third party, or as to the accuracy of the postings made on the website by any third party.

 9. LIMITATION OF LIABILITY 

  • Mtloob.net is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
    1. Your use of or your inability to use our Site or Site Services.
    2. Delays or disruptions in our Site or Site Services.
    3. Viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services.
    4.Glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services
    5. Damage to your hardware device from the use of the Site or Site Services
    6. The content, actions, or inactions of third parties’ use of the Site or Site Services
    7. A suspension or other action taken with respect to your account.
    8. Your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Site.
    9. You need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.