Superlancers

Terms, Rules and Conditions

Terms and Conditions

This agreement sets out the terms and conditions ('Terms and Conditions') applicable to members of the service operated by Superlancers.com. 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 Superlancers, Superlancers 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 Superlancers.
 
"TheSuperlancers" is a network of multiple independent regional and local websites.  Superlancer Worldwide, US Superlancer, UK Superlancer, and all associated websites (New York Superlancer, London Superlancer, et al) are all considered to be and hereby referred to as "TheSuperlancers".


ELIGIBILITY REQUIREMENTS

TheSuperlancers.com shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service.

REMOVAL FROM NETWORK

TheSuperlancers.com reserves the right to terminate the participation of any member or site without reason but expressly including any member site that TheSuperlancers judges to be in violation of the Terms and Conditions.

Members in violation of TheSuperlancers' Terms and Conditions will be immediately deactivated. TheSuperlancers may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from TheSuperlancers. Members that are terminated by TheSuperlancers on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from TheSuperlancers.

AFFILIATE COMMISSIONS

The affiliate commission paid out will be the one listed on the Affiliates page (http://www.TheSuperlancers.com/affiliates.shtml). If the commission rate is changed, it will only affect referrals made after the new commission was announced. You may not refer yourself, nor sign up for multiple accounts to collect referral fees. You may also not partner with any other TheSuperlancers user to share/transfer the commission made from your own account, or else both parties will be kicked from the service without payment.


PAYMENTS

PAYMENTS (or "Withdrawals") are typically considered the transfer of funds paid for work provided by PROVIDERS at TheSuperlancers.  TheSuperlancers will typically make payments/withdrawals if the member requests it AND their account balance is equal to or greater than $30. All amounts are stated in and all payments will be made in US funds. We verify all deposits and might ask you to verify yours; If you refuse to send verification information via E-mail, Fax or Phone, we reserve the right to refund the deposit and terminate your account. New members cannot withdraw funds within 30 days of their first project payment.

TheSuperlancers reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. In accordance with EU money laundering regulations, we may require proof of identification on all accounts newer than 60 days before processing a withdrawal.  Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) 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 TheSuperlancers account or face account termination. TheSuperlancers cannot be held liable for deposits reversed without its authorization due to reasons, including, but not limited to, fraud, chargebacks or complaints. REW, LLC reserves the right to earn interest from its service provider banks or others arising from the processing of payments. REW, LLC is prohibited by law from paying interest to members in respect of any balance held in member's account. TheSuperlancers may request proof of programming services performed at any time before authorizing a withdrawal of funds received for that project.

Clients ("Buyers") will not be permitted to perform withdrawals at this time.  Withdrawals are considered for processing for payments only, and only to Freelancers ("Providers") for services rendered through TheSuperlancers.  Client withdrawals are considered "Refunds", covered in the REFUNDS section below.

As previously stated, any member site that TheSuperlancers removes from the service due to violation of the Terms and Conditions will receive no credit or payment.


ESCROW

TheSuperlancers provides escrow as a free, bonus, and automated service only as a tool to help members transact more securely. We do not act as an arbitrator between parties, should a dispute arise, except in limited situations. Financial disputes should be resolved between members, or via another third party, and without TheSuperlancers whenever possible. We do, however, reserve the right to cancel an escrow payment, at any time, if we believe we are left with no other option. We also reserve the right to complete an escrow payment if no response is received from the payer, after repeated attempts at contact, for 30 continuous days.


REFUNDS

TheSuperlancers does not provide refunds at this time for BUYER and PROVIDER deposits.  In rare cases, refunds are given in the form of reversal of fees and other payment corrections, specific to the situation relating to the event or request.  REFUNDS are ONLY issued in the following situations:

1) When a PROJECT has been cancelled by either party once a PROVIDER has won a project and paid commission fees.  The PROVIDER is due to a refund of ALL applicable service fees.

2) When a PROVIDER or a BUYER has experienced a technical problem with payments relating to issues with the site programming, etc.  Any "accidental" or double payment will be refunded without question, less fees associated with that particular processor.

In other cases, refunds are given in the form of account credits.  Refunds can NOT be issued for PROVIDER or BUYER deposits.

DEPOSIT DISPUTES

Members may not file a complaint with one of our payment processors, including PayPal or 2checkout, regarding the funds deposited into their account. TheSuperlancers staff will do its best to resolve any problem a member may have. Refunds will be processed, if deemed necessary, at a time of TheSuperlancers staff's choosing. Due to the incompatible communication systems between our payment processors and TheSuperlancers staff members, payment disputes logged directly with those processors cannot be properly managed and will cause further delays. Due to this, members who make a complaint to our payment processor will face account termination without notice.

COPYRIGHTS

No copyright material can be posted on TheSuperlancers. Only posting sections of articles or scripts, as examples, will be permitted. A "section" being no more than 10% of the contents. This is meant to protect the author's rights. We also do not tolerate projects requesting unauthorized reproduction of copyrighted or patented material.

MODIFICATIONS

TheSuperlancers 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 TheSuperlancers 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 TheSuperlancers, and all information compiled by TheSuperlancers through operation of the affiliate program, is the proprietary information of TheSuperlancers. Personal information provided by members to TheSuperlancers will be kept confidential and will not be distributed to any third party.

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 TheSuperlancers at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a programmer (or you are the programmer 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 Messenger, etc... See "Avoiding Commissions" below for the reason.

PROVIDING CONTACT INFORMATION

You are prohibited from making direct contact with another member, unless it's for a project you (a programmer) have been picked for, or you (a buyer) have picked a programmer for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. TheSuperlancers provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Featured" projects. If a project has the "Featured" graphic on it, that means the buyer has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board. Note that the TheSuperlancers system does not distinguish between featured and non-featured message board posts, so you will still get a warning when submitting an e-mail address, even if the project is featured.

AVOIDING COMMISSIONS

You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of TheSuperlancers) 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 programmer being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying TheSuperlancers 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 programmer 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 programmer has failed to notify TheSuperlancers staff of a payment received above the amount of his bid (a total payment above US$100), TheSuperlancers 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 absolutely not tolerate any of this activity on TheSuperlancers.

BIDDING

Programmers 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 buyers too. Buyers cannot create projects that directly or indirectly require programmers to place hourly or other abnormal bids. The only exception, for both buyers and programmers, is when the project is featured. See featured project information at http://www.TheSuperlancers.com/featured.shtml.

POSTING PROJECTS

New users are limited to the posting of only 3 projects before being asked to make a deposit. This is meant to protect other users and prevent fraudulent activity. A user is required to deposit any amount of funds before they gain the right to post unlimited projects. A user may request higher posting limits, under special circumstances, by simply contacting TheSuperlancers support.

ADVERTISING

You are prohibited from advertising your website on TheSuperlancers. Any URL posted in a bid, project description, or the message board, must relate to a project on TheSuperlancers. An example of a permissible URL: your portfolio or resumé page.

ACCOUNTS

An individual may not possess more than one Buyer account and one Programmer account, unless they have contacted and received authorization from TheSuperlancers staff. Users found with unauthorized multiple accounts, or found to be using multiple accounts to avoid bad reviews, fees, suspensions or other limitations, will face suspension of all their accounts. It is prohibited under all circumstances to transfer ownership of an account, without authorization from TheSuperlancers staff. Accounts that are inactive (have no login activity) for more than 12 months may be deactivated and have their remaining funds deducted by TheSuperlancers.

AFFILIATES

Affiliates can only refer legimitately interested visitors. You understand that TheSuperlancers can delay payment if it believes a referral's fee payment may be reversed due to fraud or by other means. TheSuperlancers reserves the right to limit participation in its affiliate program as well as withhold payment of commissions due to innapropriate activity on behalf of any involved party.

THE ROLE OF TheSuperlancers

TheSuperlancers functions as a venue to connect buyers and programmers in a virtual marketplace. As a neutral facilitator, TheSuperlancers is not directly involved in the actual transactions between users of the Site. As a result, TheSuperlancers has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, TheSuperlancers cannot and does not confirm the identity of users. TheSuperlancers also does not confirm nor verify the qualifications, background, or abilities of users. Therefore, We recommend that You be careful and exercise common sense and good judgment when dealing with any member on the Site. You are enouraged to review our Project Guidlines before taking part in a project. If you are unsatisifed with another member, the most TheSuperlancers can do is refund the project commission you have been charged by us. We cannot refund the money you have sent to someone, we are not responsible for your transactions. TheSuperlancers is not responsible for fraudulent payments made by users and cannot be held liable for financial loss incurred from fraudulent transactions. It is the receiver's responsibility to verify the identity and background of the sender.

LEGAL ISSUES

Members are responsible for legal issues related to the work product or process and any postings on TheSuperlancers. This site is governed by the laws of New York, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods . Any legal action against us shall take place in the courts of the state of New York. The parties attorn to the non-exclusive jurisdiction of the courts of New York.