Terms and Conditions

Terms and Conditions

THE AGREEMENT: The use of this website and services on this website provided by Surplus Hands LLC (hereinafter referred to as “Website”) are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all services on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this Website (“Services”).

1) DEFINITIONS

“Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website.

“We”, “us” and “our” are references to SURPLUS HANDS LLC.

“User”, “You” and “Your” are denotes to the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website.

” Website” shall mean and include Surplus Hands LLC and any successor Website of the Company or any of its affiliates.

Freelancer: A person who will perform the job.
Employer: A Person or contractor who will post the job on the platform.

Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

2) ASSENT & ACCEPTANCE

By using the Website, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. We only agree to provide the use of this Website and Services to you if you assent to this Agreement.

3) 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 the terms and conditions in, incorporated by reference in, and linked to, these Terms and conditions. By becoming a Registered User, you agree to: (1) Abide by the Terms and conditions 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; and (3) Perform your obligations as specified by any Job Agreement that you accept, unless such obligations are prohibited by law or by the Terms and conditions. Surplus Hands LLC reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.

4)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.

5)ACCOUNTS AND PROFILES

General. Once you have registered with the Website as a Registered User, the Website will create your Account with Surplus Hands and associate it with an account number. You may create a profile under your Account, Username and Password. 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 Surplus Hands 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.

6)TAXES

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.

Depending on your residency or location, you may be subject to certain ad valorem or other taxes (for example, GST), on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.

You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

7)EMPLOYER AND FREELANCER

Job Agreement: 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: (a) 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, (b) these Terms of Service, and (c) any other content uploaded to the Website by Surplus Hands (collectively, the “Job Agreement”). You agree not to enter 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. Employer and Freelancer each covenant and agrees to act with good faith and fair dealing in 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 deemed to create a partnership, joint venture, agency, or employer-employee relationship between Freelancer and Employer or between Surplus Hands and any Employer or Freelancer.

8)SERVICE FEES

Surplus Hands deducts one or more of the following fees, as applicable, from received by freelancer using the Surplus Hands Billing and Payment Services:

We charge 10% from the freelancers.

We reserve the right to change any fees associated with Surplus Hands at any time, at the sole discretion of Surplus Hands. 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.

9)TERM; TERMINATION AND SUSPENSION

These Terms and conditions shall become effective as your contractual agreement upon your use of the Website and shall continue until your Account is terminated by you or Surplus Hands as provided for under the terms of this section.

1. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms and conditions at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) Surplus Hands shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) You shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Surplus Hands for any service and to any Freelancer for any services.
2. Any termination of an Account will automatically lead to the termination of all related profiles.
3. 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 and conditions 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; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for Surplus Hands 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.
4. In addition, violations of these Terms and conditions may be fully prosecuted of the law and may result in additional penalties and sanctions.
5. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the Surplus Hands Billing and Payment Services or otherwise reduce fees owed Surplus Hands under these Terms and conditions, you must pay Surplus Hands for all fees owed to Surplus Hands and reimburse Surplus Hands for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
6. 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.

10) GENERAL CONDITION

• We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or by other users, but we will make sure as much as possible.
• We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
• The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.

11) LICENSE TO USE WEBSITE

We may provide you with certain information because of your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the Website or Services (“Our Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the Website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.

12) USER CONTENT

Content Responsibility.

The website permits you to sell your services, share content, post comments, feedback, etc. but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the website, please do not post content that:

• contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial, or religious nature.
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.
• violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
• violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation, or ordinance.
• uses or attempts to use another’s account, password, service, or system except as expressly permitted by the Terms of use uploads or transmits viruses or other harmful, disruptive or destructive files.
• sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
• Any submitted content that includes, but is not limited to the following, will be refused. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

13) INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of Surplus Hands, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all right, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

• To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website (“Your Content”). We claim no further proprietary rights in your Content.
• If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

14) USER OBLIGATIONS

As a user of the Website or Services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the Website and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

USER ACCOUNT

By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms and conditions.

ACCOUNT TYPES

As described in this Section, there are several different Account types. Once you register for one Account type, you can add the other Account types under the same username and password. For example, if you already have a Freelancer Account you can add Employer Account (defined below) as a separate account type in settings without re-registering. You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, and those of all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.

EMPLOYER ACCOUNT

You can register for an Account or add an Account type to use the Site and Site Services as a Employer (a “Employer Account”).

15)PROHIBITED SITE USES

You may not use, or encourage, promote, facilitate, or instruct, induce, or otherwise influence or cause others: (1) to use the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others, or (2) to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.

EXAMPLES OF PROHIBITED USES OF THE SITE

The following are examples of uses that are prohibited on the Site or when using the Site Services:

Seeking, offering, promoting, supporting, or endorsing services, content, or activities that:

1. are defamatory, illegal, violent, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature.
2. would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website.
3. would violate (a) Surplus Hands’s Terms and Conditions, (b) the Terms and Conditions of another website or any similar contractual obligations, or (c) the academic policies of any educational institution.
4. regard the creation, purchase, and/or publication of a review for a third-party website.
5. regard the creation, publication, or distribution of “fake news”, “hoax news”, Deep Fake content or similar content, which is, in Surplus Hands’s sole discretion, determined to be intended to mislead recipients for personal, financial, political, or other gain or advantage.
6. regard or promote in any way any escort services, prostitution, or sexual acts; or
7. any conduct that is, in Surplus Hands’s determination, violent or harassing toward another person or endorses or encourages violence or harassment towards others, including based on the individual’s or group’s inclusion in a protected class as defined by applicable law.

Fraudulent or misleading uses or content, including:

• Fraudulently billing or attempting to fraudulently bill any Client, including by (i) falsifying or manipulating or attempting to falsify or manipulate the hours, keystrokes, or mouse clicks recorded in the Surplus Hands Platform, (ii) reporting, recording, or otherwise billing Clients for time that was not actually worked, or (iii) on an hourly contract, reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading or false.
• Misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own.
• Using a profile photo that is not you, misrepresents your identity or represents you as someone else, or any other activity that misrepresents your identity.
• Impersonating any person or entity, including, but not limited to, Surplus Hands representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
• Falsely stating or implying a relationship with another User, including an Agency continuing to use a Freelancer’s profile or information after the Freelancer no longer works with the Agency.
• Falsely attributing statements to any Surplus Hands representative, forum leader, guide, or host.
• Falsely stating or implying a relationship with Surplus Hands or with another company with whom you do not have a relationship.
• Allowing another person to use your account, which is misleading to other Users; or
• Falsely stating that one Freelancer will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Freelancer that is unable, unwilling, or unavailable to do the work.
  • Expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis.
  • Inciting or encouraging violence.
  • Posting identifying information concerning another person.
  • Spamming other Users with proposals or invitations, including by making unsolicited contact of Users off the Surplus Hands platform, or by posting the same job multiple times so that more than one version remains active at a given time.
  • Making or demanding bribes or demanding other payments without the intention of or without providing services in exchange for the payment.
  • Requesting or demanding free services, including requesting Freelancers to submit work as part of the proposal process for very little or no money or posting contests in which Freelancers submit work with no or very little pay, and only the winning submission is paid the full amount.
  • Requesting a fee before allowing a User to submit a proposal.

Attempting to or manipulating or misusing the feedback system, including by:

1. Withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User.
2. Attempting to coerce another User by threatening to give negative feedback.
3. Expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system.
4. Providing anything of value to any person (including to a third-party who aids in obtaining feedback) or using any service of any type to obtain feedback; or
5. Offering services for the sole purpose of obtaining positive feedback of any kind.

Duplicating or sharing accounts.

• Selling, trading, or giving an account to another person without Surplus Hands’s consent.
• Sharing or soliciting Means of Direct Contact with or from another User either directly through messages or by including Means of Direct Contact in a job post, profile, proposal, or other User Content prior to entering a Service Contract with such User, except as expressly allowed for Enterprise Clients.
• Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on Surplus Hands to recruit Freelancers and/or Clients to join an Agency or another website or company.

Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site, including by:

1. Bypassing any measures, we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein.
2. Attempting to interfere with or compromise, or interfering with or compromising, the system integrity or security of the servers running the Site or attempting to or deciphering any transmissions to or from the servers running the Site.
3. Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
4. Collecting or harvesting any personally identifiable information, including Account names, from the Site.
5. Attempting to or imposing an unreasonable or disproportionately large load (as determined in Surplus Hands’s sole discretion) on the Site’s infrastructure.
6. Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of Surplus Hands or any third party;
7. Accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
8. Framing or linking to the Site or Site Services except as permitted in writing by Surplus Hands.

Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or Surplus Hands’s proprietary information, including:

1. attempting to or reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, or interfering with the operation of, or otherwise attempting to derive source code from, any part of the Site or Site Services unless expressly permitted by applicable law or Surplus Hands; or
2. accessing or using the Site or Site Services to build a similar service or application, identify or solicit Surplus Hands Users, or publish any performance or any benchmark test or analysis relating to the Site.

16)DISPUTES AND CANCELLATIONS

If you have a dispute with another Registered User from claims, demands cancellation refunds conflicts among themselves every kind and nature try to settle conflicts amongst themselves if fails you can contact customer support.

17) ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of Surplus Hands.

• You further agree not to use the Website or Services:
• To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
• To violate any of our intellectual property rights or any third party.
• To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.

• To perpetrate any fraud.
• To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
• To publish or distribute any obscene or defamatory material.
• To publish or distribute any material that incites violence, hate, or discrimination towards any group.
• To unlawfully gather information about others.

18) ASSUMPTION OF RISK

The Website and Services are provided for communication purposes and get paid services offer by the freelancers. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the digital products or services freelancers are selling on the platform is at your own risk. We do not assume responsibility or liability for any advice or other information given on the Website.

19) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

a) Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Website or Services.

b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.

20) INDEMNIFICATION

You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.

21) EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the Surplus Hands Website including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Surplus Hands  , nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, United Statesge, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

22) SPAM POLICY

You are strictly prohibited from using the Website or any of our Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

23) THIRD-PARTY LINKS & CONTENT

We may occasionally post links to third-party websites or other services. You agree that we are not responsible or liable for any loss or damage caused because of your use of any third-party services linked to or from Our Website.

24) MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

25)ADVERTISING

Unless otherwise agreed with us, you must not advertise an external website, product, or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Project, Contest, item listed, user or service being performed on the Website.

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you because of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that 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 Freelancer or third-party right holders, you agree not to modify, sell, distribute, appropriate, or create derivative works based on such advertisement/promotions.

26) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties concerning any use of this Website. This Agreement Surplus Handss replace all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.

27) SERVICE INTERRUPTIONS

We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused because of such downtime.

28) NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

29) LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

30)DISPUTES AND CANCELLATIONS

If you have a dispute with another Registered User from claims, demands cancellation refunds conflicts among themselves every kind and nature try to settle conflicts amongst themselves if fails you can contact customer support.

31) GENERAL PROVISIONS:

1. JURISDICTION, VENUE & CHOICE OF LAW: The terms herein will be governed by and construed in accordance with the laws of United States without giving effect to any principles of conflicts of law. The Courts of United States shall have exclusive jurisdiction over any dispute arising from the use of the Website.
2. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by us, the rights, and liabilities of Surplus Hands will bind and inure to any assignees, administrators, successors, and executors.
3. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
4. NO WAIVER: If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
5. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
6. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
7. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances, i.e., COVID-19!
8. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please use contact us form on the website or email us.

This document was last updated on October 31, 2021

Privacy Policy

Privacy Policy

We know that in this digital age, your privacy is important. This Privacy Policy reflects our commitment to protect personal data and the choices we offer you regarding how your data is used. We welcome you to read more about how we keep your information safe, as well as how you can exercise your rights. In addition, our Privacy policy covers our treatment of data that may be personal to you.

• ‍We will review, update, and amend these policies from time to time consistent with our business needs and technology. We encourage you to check back periodically for new updates or changes. Your continued use of the service makes up your acceptance of any change to this Privacy Policy. We are the data controller of your information. We handle and process all data on behalf of our customers
• You may likewise decide not to give us “discretionary” Personal Data; however please remember that without it, we will most likely be unable to provide you with the full scope of our administrations or with the best client experience when utilizing our Services.
• This Privacy Policy (“Privacy Policy”) describes how Surplus Hands LLC. will gather, use, and maintain your Personal Information on the surplushands.com. It will also explain your legal rights with respect to that information.
• By using the Surplus Hands LLC website or services, you confirm that you have read and understand this Privacy Policy, and our Terms (together referred to herein as the “Agreement”). The Agreement governs the use of surplushands.com. Surplus Hands LLC will collect, use, and maintain information consistent with the Agreement.

We recommend that you read this Policy in full to ensure you are fully informed. However, if you only want to access a particular section of this Policy, then you can click on the relevant link below to jump to that section.

Privacy Policy. 1

What private data do we collect from the people who visit our website?. 3

·      Account Data: 3

·      Personal Data. 3

·      Profile Data: 3

·      Financial Data: 3

·      Contact information. 3

·      General Audience Service. 3

Data About Your Accounts on Other Services: 3

·      Social Networking Data: 4

·      Mobile Device Data: 4

How do we handle social signals?. 4

Do Not Track. 4

How do we use your details?. 4

Behavioral Advertising. 5

When we share personal information. 5

How we use cookies. 6

First-party cookies 6

Third-party cookies 6

What are your choices regarding cookies?. 6

Google Analytics Cookies 7

Facebook Pixel 8

California Consumer Rights. 8

According to caloppa, we agree to the following: 8

Coppa (children online privacy protection action) 9

GDPR-Customer data processing appendix: 9

GDPR-EU data protection law.. 9

Your Legal Rights 10

You may have the following rights: – 11

A.    Request access. 11

B.    Request correction. 11

C.    Request deletion. 11

D.    Object to processing. 11

E.     Request restriction. 11

F.     Request the transfer 11

G.    Withdraw consent 11

How do we protect your details?. 11

Can-spam act 12

We accumulate your email to be able to: 12

Limitation of liability. 12

Indemnification. 12

Governing Law and Jurisdiction. 12

Changes to this privacy notice. 13

Contacting us 13

What private data do we collect from the people who visit our website?

When you use the Service, you may provide us with information about you. This may include your name and contact information, financial information to make or receive payment for services obtained through the Surplus Hands platform, or information to help us fill out tax forms. When you use the Service, we may also collect information related to your use of the Service and aggregate this with information about other users.

• Account Data: To use certain features (like to buy or sell Services), you need to create a user account. When you create or update your account, we collect and store the data you provide, like your email address, password, gender, and date of birth, and assign you a unique identifying number (“Account Data”).
• Personal Data: Personal Data is information that can be used to identify you specifically, including your name, email address, telephone number, or demographic information like your hometown. You consent to give us this information by providing it to us voluntarily on our website or any mobile application. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website.
• Profile Data: You can also choose to provide profile information like a photo, website link, social media profiles, or other data. Your Profile Data will be publicly viewable by others.
• ·       Financial Data: Financial data is related to your payment methods, such as credit card or bank transfer details. We collect financial data to allow you to purchase, order, or exchange services from our website. We store limited financial data. Most financial data is transferred to our payment processor, PayPal, Stripe and WooCommerce and you should review these processors’ Privacy Policy to determine how they use, disclose, and protect your financial data.
  • As a courtesy, PayPal Privacy Policy can be found here https://www.paypal.com/us/webapps/mpp/ua/privacy-full
  • Stripe Privacy Policy can be found here https://stripe.com/gb/privacy
• ·       Contact information. An Authorized User is required to provide some contact information (e.g., an email address) when making an account on the Services.
• : The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18. If we become aware that a child younger than 18 has provided us with Personal Information, we will use commercially reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 18 and believe that Surplus Hands has collected Personal Information from your child, please contact us.

Data About Your Accounts on Other Services:

• We may obtain certain information through your social media or other online accounts if they are connected to your Surplus Hands account. If you login to via Facebook or another third-party platform or service, we ask for your permission to access certain information about that other account. For example, depending on the platform or service, we may collect your name, profile picture, account ID number, login email address, location, the physical location of your access devices, gender, birthday, and list of friends or contacts.

• Social Networking Data: We may access personal information from social networking sites, and apps, including Facebook, LinkedIn, and Twitter, which may include your name, your social network username, location, email address, age, gender, profile picture, and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
• Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
• Those platforms and services make information available to us through their APIs. The information we receive depends on what information you (via your privacy settings) or the platform or service decide to give us.
• If you access or use our Services or to buy services through a third-party platform or service, or click on any third-party links, the collection, use, and sharing of your data will also be subject to the privacy policies and other agreements of that third party.

How do we handle social signals?

In Short: Yes, if you choose to register or log in to our website using a social media account, we may access certain information about you.

Our Sites offers you the ability to register and log in using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture, as well as other information you choose to make public.

The APIs that we use to store and access cookies and other information on your devices. If you are a user currently in the European Union, please look at our EU User Consent Policy.

Do Not Track

Currently, various browsers — such as Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites’ visited by the user about the user’s browser DNT preference setting. Surplus Hands does not currently commit to responding to browsers’ DNT signals with respect to the Company’s Web sites, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. Surplus Hands takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

How do we use your details?

We may utilize the data we procure from you when you enlist, make a buy, join our bulletin, respond to an examination or promoting correspondence, peruse the site, or utilize specific other site includes in the following ways:

• Create your account; and
• Deliver any services purchased by you to you; and
• Correspond with you; and
• Compile anonymous statistical data for our own use or for a third party’s use; and
• Assist law enforcement as necessary; and
• Prevent fraudulent activity on our website or mobile app; and
• Analyze trends to improve our website and offerings.
• To fulfill or meet the reason you provided the information (e.g., to help provide our Site services to you).
• To personalize and develop our site and the services we provide you and improve our offerings.
• To provide certain features or functionality of the services on the site.
• For marketing and promotions.
• To create, maintain, customize, and secure your account with us.
• To provide you with support, to communicate with you and respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your experience and to deliver content and services relevant to your interests.
• To help maintain the safety, security, and integrity of our site, services, databases, and other technology assets and business.
• For testing, research, analysis, and website development, including to develop and improve our site and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• To prevent illegal activity, fraud, and abuse.
• Where we must play out the agreement we are going to go into or have gone into with you
• To help our site that will be ready to serve you better.

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

• We use Facebook pixel and Google Analytics to help us understand how our customers use the Site.

You can opt out of targeted advertising by:

• Facebook: https://www.facebook.com/settings/?tab=ads  
• Google: https://www.google.com/settings/ads/anonymous 

When we share personal information

Once your personal information is collected, as detailed above, we may share it with third parties for various reasons, among them email delivery, data hosting, analytics, payment processing and content streaming. These services may collect browsing data that includes IP addresses, referring pages, and users’ movements as they navigate the Website. Other third parties help us with our marketing efforts including sending and analyzing our marketing efforts by measuring whether recipients have opened an email and clicked on any content within it.

When we share your personal information with a third party, we require that third party to protect the information consistent with this Statement and limit its use of the information to performing the services they provide to us. For example, when we share personal information with payment processors or presenters of web seminars, its use is limited to providing that service.

How we use cookies

We use cookies and similar technologies for several purposes, depending on the context or service, including: 

First-party cookies

1. : These cookies are necessary for the website to function and cannot be switched off in our systems. They are often set in response to actions made by you, which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms.
2. : These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages.
3. : These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.
4. : These cookies may be set through our site and may be used to build a profile of your interests and show you relevant adverts on other sites.

Third-party cookies

In addition to our own cookies, we may also use various third-party cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on. These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites.

What are your choices regarding cookies?

Cookie Preferences on Surplus Hands website: Our cookies allow you to take advantage of some essential and useful features. Blocking some types of cookies may impact your experience of our sites. You can change your cookie preferences at any time by clicking ‘Cookie Preferences in the footer of the Surplus Hands website.

Browser settings: You can also manage browser cookies through your browser settings. The ‘Help’ feature on most browsers will tell you how to remove cookies from your device, prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to disable cookies, and when cookies will expire. Check the support site for your browser to understand privacy settings available to you. If you block or reject some of our cookies through your browser’s settings, you might not be able to use certain offerings that require you to sign-in to an account and some features and services may not work. You might also have to manually adjust your preferences or settings every time you visit our website.

Google Analytics Cookies

We use Google Analytics to investigate the utilization of our site of users and visitors. Google Analytics assembles data about site use through cookies. The data assembled identifying with our site is utilized to make reports about the utilization of our site.

California Consumer Rights

The California Consumer Privacy Act provides specific rights to those who live in California. If you are a California-based consumer, as that term is defined under California law, this section shall apply in addition to all other applicable rights and information contained in this Statement.

• You have the right to request that we provide you with information about what personal information we collect, use, and disclose.
• You have the right to request that we delete personal information we, or our service providers, store about you. 
• We will not discriminate or retaliate against you if you elect to exercise any rights under this section of our Privacy Statement. 
• You may request that we not sell your personal information. As noted above, we do not sell your personal information and we only share your personal information with third parties, as described in this Statement.
• You have the right to designate an authorized agent to make a request on your behalf. Please see the Identity Verification Requirement below for information on our process for verifying that we have received a legally valid request.
• If you are a California consumer and have additional questions based on this section of our Privacy Statement or wish to submit a request to request that we not share your information with third parties, please contact us by email or through contact us page.
• See more at https://consumercal.org/about-cfc/cfc-education-foundation/california-online-privacy-protection-act-caloppa-3/

According to caloppa, we agree to the following:

• Users can visit our site anonymously.
• Once this online privacy policy is established, we will put a link to it on our website, on the first significant web page after getting into our website.
• Our ONLINE PRIVACY POLICY link includes the term ‘Privacy’ and can certainly be on the page given above.
• You’ll be notified of any ONLINE PRIVACY POLICY changes:
• Via Email

Coppa (children online privacy protection action)

With regards to the assortment of private information from children under age 13 years, the Children’s Online Privacy Protection Act (COPPA) puts parents in charge. The Federal Trade Commission, United States’ consumer safety firm, enforces the COPPA Guideline, which spells out what providers of websites and online services should do to safeguard children privatizes and security online. For more Details Click Here or below link

GDPR-Customer data processing appendix:

Customer Data” means any personal data that Surplus Hands processes on behalf of Customer via the Services, as more particularly described in this DPA.

“Data Protection Laws” means all data protection laws and regulations applicable to a party’s processing of Customer Data under the Agreement, including, where applicable, EU Data Protection Law and Non-EU Data Protection Laws.

GDPR-EU data protection law 

“EU Data Protection Law” means all data protection laws and regulations applicable to Europe, including (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (“GDPR“); (ii) Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector; (iii) applicable national implementations of (i) and (ii); and (iv) in respect of the United Kingdom (“UK“) any applicable national legislation that replaces or converts in domestic law the GDPR or any other law relating to data and privacy as a consequence of the UK leaving the European Union.

“Europe” means, for the purposes of this DPA, the European Union, the European Economic Area and/or their member states, Switzerland, and the United Kingdom.

“Non-EU Data Protection Laws” means the California Consumer Privacy Act (“CCPA”); the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”); and the Brazilian General Data Protection Law (“LGPD “), Federal Law no. 13,709/2018.

“SCCs” means the standard contractual clauses for processors as approved by the European Commission or Swiss Federal Data Protection Authority (as applicable), which shall be applied only to transfers of Customer Data from the European Union.

“Sensitive Data” means (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card); (c) employment, financial, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (e) account passwords; or (f) other information that falls within the definition of “special categories of data” under applicable Data Protection Laws.

“Services Data” means any data relating to the Customer’s use, support and/or operation of the Services, including information relating to volumes, activity logs, frequencies, bounce rates or other information regarding emails and other communications Customer generates and sends using the Services.

• Parties’ roles: If EU Data Protection Law or the LGPD applies to either party’s processing of Customer Data, the parties acknowledge and agree that concerning the processing of Customer Data, Customer is the controller and is a processor acting on behalf of Customer, as further described in Annex A (Details of Data Processing) of this DPA.
• Purpose limitation: Surplus Hands shall process Customer Data only following Customer’s documented lawful instructions as outlined in this DPA, as necessary to comply with applicable law, or as otherwise agreed in writing (“Permitted Purposes”). The parties agree that the agreement sets out the Customer’s complete and final instructions to Surplus Hands concerning the processing of Customer Data, and processing outside the scope of these instructions (if any) shall require a prior written agreement between the parties.
• Prohibited data. Customer will not provide (or cause to be provided) any Sensitive Data to SURPLUS HANDS for processing under the Agreement, and SURPLUS HANDS will have no liability whatsoever for Sensitive Data, whether in connection with a Security Incident or otherwise. For the avoidance of doubt, this DPA will not apply to Sensitive Data.
• Customer compliance: Customer represents and warrants that (i) it has complied, and will continue to comply, with all applicable laws, including Data Protection Laws, in respect of its processing of Customer Data and any processing instructions it issues to Surplus Hands; and (ii) it has provided, and will continue to provide, all notice and has obtained, and will continue to obtain, all consents and rights necessary under Data Protection Laws for Surplus Hands   to process Customer Data for the purposes described in the agreement. Customer shall have sole responsibility for the accuracy, quality, and legality of Customer Data and how Customer acquired Customer data. Without prejudice to the generality of the foregoing, Customer agrees that it shall be responsible for complying with all laws (including Data Protection Laws) applicable to any emails or other content created, sent, or managed through the service, including those relating to obtaining consents (where required) to send emails, the content of the emails and its email deployment practices.
• The lawfulness of Customer’s instructions: Customer will ensure that United Kingdom processing of the Customer Data by Customer’s instructions will not cause Surplus Hands to violate any applicable law, regulation, or rule, including, without limitation, Data Protection Laws. Surplus Hands shall promptly notify Customer in writing unless prohibited from doing so under EU Data Protection Laws if it becomes aware or believes that any data processing instruction from Customer violates the GDPR or any UK implementation of the GDPR.

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

You may have the following rights: –

1. A.     Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
2. B.     Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
3. C.     Request deletion of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
4. D.     Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
5. E.     Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
   1. If you want us to establish the data’s accuracy.
   1. Where our use of the data is unlawful, but you do not want us to erase it.
   1. Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
   1. You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
6. F.     Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
7. G.    Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you.

How do we protect your details?

• We have implemented industry-accepted administrative, physical, and technology-based security measures to protect against loss, misuse, unauthorized access, and alteration of personal information in our systems. We ensure that any employee, contractor, corporation, organization, or vendor who has access to personal information in our systems is subject to legal and professional obligations to safeguard that personal information.
• We do not use vulnerability scanning and/or scanning to PCI specifications.
• We use regular Malware Scanning.
• Your individual information is comprised behind secured systems and is merely accessible by a restricted number of folks who’ve special access privileges to such systems and must keep the information confidential carefully. Furthermore, all very sensitive/credit information you resource is encrypted via Secure Socket Layer (SSL) technology.
• We implement several security measures whenever a user gets into, submits, or accesses their information to keep up the protection of your individual information.
• While we strive to use commercially acceptable means to protect your personal information, no method of transmission over the Internet or form of electronic storage is 100 percent secure. Therefore, we cannot guarantee its absolute security.
• Surplus Hands prohibits unauthorized access or use of personal information stored on our servers. Such access is a violation of law, and we will fully investigate and press charges against any party that has illegally accessed information within our systems.

Can-spam act

The CAN-SPAM Act is a regulation that sets the guidelines for commercial email, establishes requirements for commercial announcements, offers recipients to have emails ceased from being delivered to them, and spells out hard fines for violations.

We accumulate your email to be able to:

• Send information, react to questions, and/or other demands or questions
• To maintain compliance with CANSPAM, we consent to the next:
• Not use untrue or misleading subject matter or email addresses.
• Identify the concept as an advertisement in some realistic way.
• Include the physical address of our site headquarters or business
• Screen third-party email marketing services for conformity, if one can be used.
• Honor opt-out/unsubscribe demands quickly.
• Allow users to unsubscribe utilizing the link at the bottom of every email.

If anytime you want to unsubscribe from receiving future email, you can email us at by using contact form at our website surplushands.com and we’ll immediately remove you from ALL communication.

Limitation of liability

• Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
• We make no legal representation that the website or services are appropriate or available for use in locations outside United States. You may access the website from outside United States.at your own risk and initiative and must bear all responsibility for compliance with any applicable foreign laws.

Indemnification

• Upon visiting this website you agree release, indemnify, defend and hold harmless Surplus Hands and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of your use of the website content; your use of the services; your violation of any provision of these terms; any unauthorized information or data you supplied to us. You will have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement.

Governing Law and Jurisdiction

• This website originates from United States. The laws of United States. without regard to its conflict of law principles will govern these terms to the contrary. You, hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United States. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.

Changes to this privacy notice

We reserve the right to alter this privacy notice at any time. Such alterations will be posted on our website. You can also obtain an up-to-date copy of our privacy notice by contacting us.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may do so via the contact us or email us at [email protected].

Surplus Hands

United States

This document was last updated on October 31, 2021