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”).
“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.
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.
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.
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.
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.
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.
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.
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.
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.
- 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.
- Any termination of an Account will automatically lead to the termination of all related profiles.
- Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms 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.
- In addition, violations of these Terms and conditions may be fully prosecuted of the law and may result in additional penalties and sanctions.
- 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.
- 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.
- 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.
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.
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.
- 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.
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.
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.
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.
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.
You can register for an Account or add an Account type to use the Site and Site Services as a Employer (a “Employer Account”).
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.
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:
- are defamatory, illegal, violent, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature.
- would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website.
- 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.
- regard the creation, purchase, and/or publication of a review for a third-party website.
- 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.
- regard or promote in any way any escort services, prostitution, or sexual acts; or
- 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:
- Withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User.
- Attempting to coerce another User by threatening to give negative feedback.
- Expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system.
- 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
- 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:
- 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.
- 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.
- Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission.
- Collecting or harvesting any personally identifiable information, including Account names, from the Site.
- Attempting to or imposing an unreasonable or disproportionately large load (as determined in Surplus Hands’s sole discretion) on the Site’s infrastructure.
- 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;
- Accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
- 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:
- 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
- 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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!
- 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