Terms & Conditions

3.1 Age Requirement

You must be at least 18 years old or the age of legal majority in your jurisdiction (whichever is greater) to register for an account and use the Platform. By registering, you represent and warrant that you meet this age requirement.

3.2 Legal Capacity

You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions.

3.3 Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Platform, including but not limited to labor and employment laws, intellectual property laws, and tax laws.

3.4 Geographic Restrictions

Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

4.1 Account Creation

To access certain features of the Platform, you must register for an account by providing accurate and complete information, including your full legal name, valid email address, and other required details.

4.2 Account Types

• Freelancer Account: For Users offering services. Freelancers can create profiles showcasing their skills, experience, and portfolios.
• Client Account: For Users seeking to purchase services. Clients can post projects, review freelancer proposals, and hire freelancers.

You may register for both account types but must adhere to the Terms applicable to each.

4.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to:

• Keep your password secure and confidential.
• Not permit others to use your account.
• Refrain from transferring your account to another party without our consent.
• Notify Uptechunt immediately of any unauthorized use of your account.

4.4 Verification

We may require you to verify your identity before accessing certain features of the Platform. Verification may include:

• Providing government-issued identification.
• Proof of address.
• Payment method verification.
• Completing video verification.

Failure to complete verification may result in account suspension or termination.

4.5 Account Information

You agree to provide and maintain accurate, current, and complete information about yourself as prompted by the registration process. You acknowledge that inaccurate or incomplete information may result in the suspension or termination of your account.

5.1 Compliance with Laws and Policies

You agree to:

• Comply with all applicable laws, regulations, and guidelines.
• Adhere to all Uptechunt policies, including the Privacy Policy and any additional terms.

5.2 Professional Conduct

You agree to:

• Act professionally and ethically in your interactions on the Platform.
• Communicate promptly and clearly with other Users.
• Deliver work and payments timely as agreed in Service Contracts.

5.3 User Responsibilities

• Freelancers: Responsible for delivering high-quality work, meeting deadlines, and maintaining professional standards.
• Clients: Responsible for providing clear project requirements, responding to Freelancer inquiries, and making timely payments.

5.4 Taxes and Legal Obligations

You are solely responsible for:

• Determining and paying any taxes applicable to you.
• Complying with any legal obligations in your jurisdiction related to your use of the Platform.
• Keeping records for tax purposes as required by law.

5.5 Confidentiality

You agree to:

• Keep confidential any information received from other Users or Uptechunt that is marked as confidential or would reasonably be considered confidential.
• Use such information solely for the purposes of the Service Contract.

6.1 Nature of Services

Uptechunt provides an online marketplace that enables Freelancers to offer a wide range of services, including but not limited to:

• Graphic Design
• Web Development
• Writing and Translation
• Digital Marketing
• Consulting Services

6.2 Service Contracts

When a Client and a Freelancer agree on the terms of a service, they enter into a direct contract between themselves ("Service Contract"). The Service Contract includes:

• Scope of work.
• Deliverables.
• Deadlines.
• Payment terms.
• Any other mutually agreed terms.

Uptechunt is not a party to these contracts and does not guarantee the performance of either party.

6.3 Role of Uptechunt

Uptechunt acts as an intermediary platform and provides tools to facilitate the creation of Service Contracts. We are not responsible for:

• The quality, safety, or legality of the services provided.
• The truth or accuracy of User Content.
• The ability of Freelancers to deliver services.
• The ability of Clients to pay for services.

7.1 Service Fees

Uptechunt charges fees for the use of the Platform, which may include:

• Freelancer Service Fee: A percentage deducted from the payments received by the Freelancer.
• Client Service Fee: Fees charged to Clients for transactions or premium services.

Fees are subject to change, and Users will be notified of any changes in advance.

7.2 Payment Processing

Payments are processed through third-party payment processors such as Stripe and Payoneer. By using these services, you agree to comply with their respective terms and conditions.

7.3 Invoicing and Payment

• Freelancers: Responsible for submitting invoices through the Platform as per the agreed terms.
• Clients: Must review and pay invoices promptly according to the payment schedule.

7.4 Currency Conversion

Transactions may involve currency conversion. Uptechunt is not responsible for any losses due to exchange rate fluctuations.

7.5 Refunds and Cancellations

Refunds and cancellations are governed by the terms agreed upon in the Service Contract between the Client and Freelancer. Uptechunt may mediate disputes as described in Section 9 but is not obligated to issue refunds.

7.6 Taxes

• Freelancers: Responsible for reporting and paying any applicable taxes on their income.
• Clients: May be responsible for withholding taxes or reporting payments as required by law.

Uptechunt does not provide tax advice and recommends consulting a tax professional.

8.1 Escrow Account

Uptechunt may provide escrow services to hold Client payments securely until the completion of agreed services. Funds are held in a separate, non-interest-bearing account.

8.2 Funding the Escrow Account

Clients are required to deposit funds into the Escrow Account before work begins. This demonstrates commitment and ensures funds are available upon project completion.

8.3 Release of Funds

Funds will be released to the Freelancer upon:

• Client Approval: Confirmation of service completion by the Client.
• Automatic Release: If the Client does not respond within a specified timeframe after project completion.
• Dispute Resolution: As per the outcome of any dispute resolution process.

8.4 Payment Protection

• For Freelancers: Ensures payment for completed and approved work.
• For Clients: Ensures funds are not released until satisfactory completion of work.

8.5 Disputes

In case of disputes over the release of funds, the dispute resolution process outlined in Section 9 will apply.

9.1 Initial Resolution

Users are encouraged to resolve disputes among themselves through direct communication, including:

• Clarifying project requirements.
• Negotiating revised terms.
• Seeking mutual agreement.

9.2 Mediation by Uptechunt

If Users cannot resolve a dispute, they may request mediation assistance from Uptechunt by submitting a dispute claim. Uptechunt will:

• Review the Service Contract and communications.
• Request additional information if necessary.
• Facilitate discussions between the parties.

9.3 Binding Decision

Uptechunt reserves the right to make a final and binding decision on disputes, including:

• Releasing funds from the Escrow Account to the appropriate party.
• Issuing partial refunds.
• Terminating the Service Contract.

9.4 No Liability

Uptechunt is not liable for any actions or decisions made during the dispute resolution process. Users agree to release Uptechunt from any claims arising out of disputes between Users.

10.1 Definition of User Content

"User Content" includes any information, text, images, videos, or other materials uploaded, posted, or transmitted by Users on the Platform, including:

• Profile information.
• Portfolio samples.
• Project descriptions.
• Job postings.
• Messages and communications.

10.2 Responsibility for User Content

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to use and authorize Uptechunt to use your User Content.
• Your User Content does not infringe any intellectual property, privacy, or other rights of any third party.
• Your User Content complies with all applicable laws and regulations.

10.3 License Grant to Uptechunt

By posting User Content, you grant Uptechunt a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to:

• Use, reproduce, modify, adapt, publish, translate, distribute, and display such content.
• Create derivative works from your User Content in connection with providing and promoting the Platform.

10.4 Public Display of User Content

You acknowledge and agree that:

• Freelancer Profiles: Your profile, including your name, photo, skills, experience, portfolio samples, and feedback, may be publicly displayed on the Platform and accessible to other Users and visitors.
• Job Postings: Job descriptions and requirements posted by Clients may be publicly displayed to allow Freelancers to submit proposals.

10.5 Privacy and Visibility Settings

• Freelancers: May adjust privacy settings to limit the visibility of certain profile information.
• Clients: May choose to make job postings private or invite-only.

10.6 Prohibited Content

User Content must not:

• Violate any laws or regulations.
• Infringe on intellectual property rights.
• Contain defamatory, obscene, pornographic, or otherwise objectionable material.
• Promote illegal activities or discrimination.

11.1 Consent to Publish

By creating a profile or posting a job on Uptechunt, you consent to the publication and public display of your User Content on the Platform.

11.2 Accessibility

• Freelancer Profiles: May be accessible to all Users and visitors, and may appear in search engine results.
• Job Postings: May be publicly accessible unless designated as private or invite-only by the Client.

11.3 Use of Published Content

Uptechunt may use published profiles and job postings for:

• Marketing and Promotion: Including featuring profiles or job postings on the homepage, newsletters, or social media.
• Search Optimization: Enhancing visibility in search results within the Platform and on external search engines.
• Research and Analysis: Improving Platform services and user experience.

11.4 Third-Party Access

Published User Content may be accessed by third parties, and Uptechunt is not responsible for the use or misuse of publicly available information by third parties.

11.5 Opt-Out and Removal

• Freelancers: May request to deactivate their profile or adjust privacy settings to limit public visibility.
• Clients: May delete or archive job postings to remove them from public view.

11.6 No Compensation

You agree that Uptechunt is not obligated to provide any compensation for the use or display of your User Content as described in this section.

12.1 Ownership

Uptechunt and its licensors retain all rights, title, and interest in and to the Platform, including:

• Software and technology.
• Design and user interface.
• Logos, trademarks, and service marks.
• All related intellectual property rights.

12.2 Limited License to Users

Uptechunt grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal or business purposes in accordance with these Terms.

12.3 Restrictions

You agree not to:

• Copy, modify, or create derivative works of the Platform.
• Reverse engineer, decompile, or disassemble any part of the Platform.
• Use any automated systems or software to extract data from the Platform ("screen scraping").
• Use the Platform for any unlawful or unauthorized purpose.

12.4 Intellectual Property Infringement Claims

If you believe that any content on the Platform infringes your intellectual property rights, please notify us at support@uptechunt.com with detailed information, including:

• Identification of the copyrighted work or intellectual property claimed to have been infringed.
• Identification of the material that is claimed to be infringing.
• Your contact information.

13.1 Confidential Information Definition

"Confidential Information" includes any non-public information disclosed by one party to the other, either directly or indirectly, in writing, orally, or by inspection of tangible objects.

13.2 Obligations

You agree to:

• Maintain the confidentiality of Confidential Information.
• Use Confidential Information solely for the purposes of the Service Contract.
• Not disclose Confidential Information to any third parties without prior written consent.

13.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available without breach of this Agreement.
• Was already in your possession before disclosure.
• Is received from a third party without confidentiality obligations.
• Is required to be disclosed by law or legal process (with prior notice to the disclosing party).

13.4 Return or Destruction

Upon termination of the Service Contract or upon request, you agree to return or destroy all Confidential Information received.

14.1 Compliance with Laws

You agree not to engage in any activities that violate any applicable laws or regulations, including but not limited to:

• Labor and Employment Laws
• Intellectual Property Laws
• Anti-Money Laundering Regulations
• Export Control Laws

14.2 Prohibited Conduct

You agree not to:

• Engage in Fraud or Misrepresentation: Providing false information, impersonating another person, or misrepresenting your affiliation.
• Circumvent Fees: Attempting to bypass or reduce fees owed to Uptechunt.
• Spam and Unsolicited Communications: Sending unsolicited messages or advertisements.
• Harassment and Discrimination: Engaging in harassment, hate speech, or discrimination.
• Hacking and Security Breaches: Interfering with the security of the Platform.
• Infringe on Rights: Uploading content that infringes on intellectual property or privacy rights.
• Collect Personal Data: Harvesting or collecting personal information about other Users without consent.
• Post Inappropriate Content: Sharing content that is defamatory, obscene, or otherwise objectionable.

14.3 Enforcement Actions

Violation of these prohibitions may result in:

• Account Suspension or Termination
• Legal Action
• Reporting to Law Enforcement Authorities

15.1 Termination by Uptechunt

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms.
• Engaging in fraudulent or illegal activities.
• Non-payment of fees.

15.2 Termination by User

You may terminate your account at any time by:

• Following the account deletion process on the Platform.
• Contacting support@uptechunt.com for assistance.

15.3 Effects of Termination

Upon termination:

• Access: Your right to access the Platform will immediately cease.
• Outstanding Payments: Any outstanding payments due will become immediately payable.
• Data Retention: Uptechunt may retain certain information as required by law or for legitimate business purposes.
• Survival of Terms: Provisions that by their nature should survive termination shall survive, including confidentiality, intellectual property rights, and limitations of liability.

15.4 Reinstatement

Reinstatement of terminated accounts is at Uptechunt's sole discretion and may require additional verification.

16.1 "As Is" and "As Available" Basis

The Platform is provided on an "as is" and "as available" basis. Uptechunt expressly disclaims all warranties of any kind, whether express or implied, including but not limited to:

• Implied Warranties of Merchantability
• Fitness for a Particular Purpose
• Non-Infringement

16.2 No Guarantee of Accuracy

Uptechunt does not warrant that:

• The Platform will meet your requirements.
• The Platform will be uninterrupted, timely, secure, or error-free.
• The information obtained from the Platform will be accurate or reliable.

16.3 Third-Party Content and Services

Uptechunt is not responsible for any third-party content or services accessed through the Platform. You bear all risks associated with the use of such content or services.

16.4 No Responsibility for User Actions

Uptechunt is not responsible for the actions, errors, or omissions of any User, including:

• Quality of services provided by Freelancers.
• Payment actions of Clients.

17.1 Exclusion of Certain Types of Damages

In no event shall Uptechunt be liable for any:

• Indirect, Incidental, Special, Consequential, or Punitive Damages
• Loss of Profits, Revenue, Data, or Business Opportunities

Arising out of or related to your use of the Platform.

17.2 Limitation on Amount of Liability

Uptechunt's total cumulative liability to you for any claims arising from or relating to these Terms or the use of the Platform shall not exceed:

• The total amount of fees paid by you to Uptechunt in the six (6) months prior to the event giving rise to the liability.

17.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply, and you may have additional rights.

19.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Hawaii, United States, without regard to its conflict of law principles.

19.2 Jurisdiction and Venue

You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Honolulu County, Hawaii, for the resolution of any disputes arising out of or relating to these Terms or the Platform.

19.3 Waiver of Objections

You waive any objection to the jurisdiction and venue of such courts on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise.

20.1 Initial Dispute Resolution

Most disputes can be resolved informally by contacting Uptechunt Customer Support at support@uptechunt.com.

20.2 Agreement to Arbitrate

If a dispute cannot be resolved informally, you agree to resolve any claims through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

20.3 Arbitration Procedures

• Location: The arbitration will take place in Honolulu, Hawaii, unless both parties agree to a different location.
• Number of Arbitrators: One neutral arbitrator.
• Language: English.
• Decision: The arbitrator's decision will be final and binding.

20.4 Class Action Waiver

You agree that any arbitration shall be conducted on an individual basis and not as a class, collective, or representative action. You waive the right to participate in a class action lawsuit or class-wide arbitration.

20.5 Opt-Out Provision

You may opt out of this arbitration agreement by sending a written notice to support@uptechunt.com within 30 days of accepting these Terms. The notice must include your full name, address, and a clear statement that you wish to opt-out of arbitration.

20.6 Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or other equitable relief in court for matters relating to intellectual property infringement or unauthorized access to the Platform.

21.1 Right to Modify

Uptechunt reserves the right to modify these Terms at any time. Any changes will become effective upon posting the revised Terms on the Platform.

21.2 Notification of Changes

We will notify you of significant changes by:

• Posting a notice on the Platform.
• Sending an email to the address associated with your account.

21.3 Acceptance of Modifications

Your continued use of the Platform after any modifications indicates your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Platform.

25.1 To Users

Uptechunt may provide notices to you via:

• Email to the address associated with your account.
• Posting on the Platform.
• Regular mail to your address on file.

25.2 To Uptechunt

You may provide notices to Uptechunt at:

• Email: support@uptechunt.com
• Address: 1050 Queen St Suite 100, Honolulu, HI 96814, United States