Livingston Research conditionally offers to provide freelance opportunities as an independent contractor and shall assign Freelancer to one or more Platform Users, ("Platform User") for services, to perform such duties and for such hours of work as may be assigned to Freelancer during the term of service (the “Gig”) for which Freelancer Provider and the Freelancer (together, the “Parties”) agrees as follows:
1. The Platform - Livingston Research (Freelance Provider) is represented by ETT Outsource Limited, with its principal office located at 2 Iliensko shose office 9, 1220 Sofia, Bulgaria, is in the business of providing qualified freelancers for the Livingston Research platform (“LR Platform”) which is a digital marketplace for users seeking freelancers to perform certain listed services for specifically defined engagements (“Gigs”). The Freelancer is engaged by the Platform User as an independent contractor and receives its compensation from the Freelancer Provider.
2. Benefits - As an independent contractor, Freelancer is not eligible to participate in any benefit programs, including programs such as medical, dental, vision, disability and retirement provided by Freelancer Provider.
3. Gig(s) – Freelancer understands and acknowledges that each Gig is subject to final approval by a Platform User and that Freelancer shall not be entitled to any fees unless actually engaged on the LR Platform to work a specific Gig for a Platform User pursuant to this agreement (“Agreement”). Freelancer understands that this Agreement will not be effective until Freelancer actually works on the agreed upon Gig. Freelancer acknowledges and understands that Freelancer’s engagement with both Freelance Provider and the Platform User is, in both cases as an independent contractor, with no certain term being offered or promised and that Freelancer Provider or Platform User may terminate a Gig or otherwise cancel a Gig, at any time with or without cause, provided that Freelancer receives payment for services rendered prior to termination. Except as expressly authorized by LR Platform or these Terms, Freelancer agrees not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Gigs or the Gigs’ Content, in whole or in part during Gig performance.
4. Notification of Completion of Gig – Freelancer agrees that upon completion of the Gig with Platform User, Freelancer will notify Freelancer Provider that Freelancer has finished the Gig. Freelancer understands that failure to contact Freelancer Provider upon completion of a Gig may affect Freelancer’s ability to receive its fees.
5. Scope of Gig with Freelancer Provider – Freelancer understands that Freelancer’s Gig begins when Freelancer first begins work for a Platform User on the Gig, and ends when the Gig ends. Following the end of the Gig, while Freelancer may remain eligible for future Gig(s) with other Platform Users, Freelancer will not be employed with Freelancer Provider unless and until Freelancer is re-hired and assigned to another Platform User. Freelancer understands that Gigs are conducted on an on-demand basis and Gigs may be sporadic, intermittent, unpredictable and irregular. Freelancer Provider does not guarantee certain fixed Gigs at any point.
6. Intellectual Property Rights - All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Livingston Research designs, trademarks, and logos (collectively “Proprietary Material”) that Platform Users see or read through the LR Platform is owned by Livingston Research, including Freelancer’s Generated Content, while performing a Gig.
7. Compensation – Freelancer will be paid directly by the Freelancer Provider for all the Gigs worked after taking Freelancer Provider and LR Platform fees. Any fee amounts posted for a Gig, are the gross rates and the amount Freelancer will receive per hour will be after identified deductions. For any questions related to the payment process, please email email@example.com
- 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;
- Fraudulent or misleading uses or content, including: fraudulently billing or attempting to fraudulently bill any Platform User; misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own; allowing another person to use your account, which is misleading to other Users; making or demanding bribes or demanding other payments without the intention of or without actually providing services in exchange for the payment.
9. Confidentiality – Freelancer agrees not to disclose to anyone, either during or after Freelancer’s business relationship with Freelancer Provider or during or after any Platform User Gig, any confidential or proprietary information of any kind obtained by Freelancer as a result of Freelancer’s performance of a Gig without the written consent of executive officers of both the Platform User and Freelancer Provider, and if in the event Freelancer is contacted by anyone outside the Freelancer Provider including the media regarding Freelancer’s Gig with Freelancer Provider or any other matter related to Freelancer Provider. To the extent a Platform User provides Confidential Information to the Freelancer, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information.
10. Freelancer’s Profile on the LR Platform – Freelancer acknowledges that Freelancer Provider may use Freelancer’s profile to market to Platform Users to attract new business opportunities and that Platform Users may rate the Freelancer’s performance provided in the Gig(s) which may be displayed to the public on the LR Platform. LR Platform doesn’t control or monitor how Platform Users rate the Freelancer.
11. Entire Agreement – Except as expressly set forth herein, this Agreement and the terms and conditions set forth in any Gig documentation, represent the entire agreement of the parties with respect to the subject matter hereof, and any and all agreements entered into prior hereto with respect to the subject matter hereof are revoked and superseded by this Agreement. No representations, promises, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein or in other contemporaneous written agreements specifically identified herein. Any attempt at oral modification if this Agreement shall be void and of no effect.
12. Severability – In the event any provision or clause of this Agreement is found to be unenforceable by a court of competent jurisdiction, all remaining provisions shall remain in full force and effect.
13. Review of Terms – Freelancer acknowledges that he/she has fully read and understands this agreement before signing.
14. Identification and Background Check – To the extent requested by the Freelancer Provider or the Platform User, each of which reserve their right to the maximum extent permissible by law, Freelancer agrees to provide, and will consent to the release of, any information about Freelancer for the purpose of a background check in all instances in compliance with applicable law. Freelancer will provide truthful, accurate and complete information, and will provide prompt written notice to the Platform User and Freelancer Provider upon any change thereto.
15. Limitation of Liability – To the extent permitted by law, Freelancer, on Freelancer’s own behalf and on behalf of anyone claiming by or through Freelancer, waive any and all rights Freelancer have, or may have, to claim or assert a claim, suit, action or demand of any kind, nature or description, including without limitation, claims, suits, actions or demands for personal injury or death whether arising in tort, contract or otherwise, against Freelancer Provider and Platform User or their respective customers, agents, officers, directors, or employees, resulting from or arising directly or indirectly out of Freelancer’s services performed during Gig on or through the LR Platform, except as to claims Freelancer assigns to Freelancer Provider under the Agreement. IN NO EVENT SHALL EITHER FREELANCER PROVIDER OR PLATFORM USER BE LIABLE TO FREELANCER FOR INDIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS (DIRECT OR INDIRECT), LOST REVENUES (DIRECT OR INDIRECT), LOSS OF DATA, LOSS OF GOODWILL, OR PUNITIVE DAMAGES, EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, FREELANCER PROVIDER’ AGGREGATE AND CUMULATIVE LIABILITY IN CONNECTION BY REASON OF YOUR USE OF THE PLATFORM, WHETHER IN CONTRACT, TORT, STATUTE, COMMON LAW OR OTHERWISE, WILL NOT EXCEED THE AGGREGATE AMOUNT OF ACTUAL PAYMENTS MADE TO FREELANCER BY THE COMPANY DURING THE SIX-MONTH PERIOD PRIOR TO THE OCCURRENCE (NOT THE DISCOVERY) OF THE FIRST CLAIM GIVING RISE TO LIABILITY.
16. Indemnification – Freelancer agree to indemnify and hold harmless Freelancer Provider from any and all liability, loss, damages, attorney’s fees, or expenses which may be caused by Freelancer’s negligence, willful actions, omissions or failure to perform the Gig and/or Freelancer’s obligations under the terms of this Agreement.
17. Governing Law; Consent to Jurisdiction and Venue; WAIVER OF JURY TRIAL. The law of Bulgaria shall exclusively govern (i) all claims, disputes and matters related to or arising from this Agreement (including any tort or non-contractual claims) and (ii) any questions concerning the construction, interpretation, validity and enforceability of this Agreement, and the performance by the parties hereto of the obligations imposed on them by this Agreement, in each case without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the law of any jurisdiction other than Bulgaria EACH PARTY TO THIS AGREEMENT HEREBY IRREVOCABLY WAIVES ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, SUIT OR PROCEEDING BROUGHT TO RESOLVE ANY CLAIMS OR DISPUTE BETWEEN THE PARTIES HERETO (WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE) ARISING OUT OF, CONNECTED WITH, RELATED OR INCIDENTAL TO THIS AGREEMENT, THE TRANSACTIONS CONTEMPLATED HEREBY AND/OR THE RELATIONSHIPS ESTABLISHED AMONG THE PARTIES HERETO UNDER THIS AGREEMENT. Each of the parties hereto submits to the exclusive jurisdiction of the court of Bulgaria in any action or proceeding arising out of or relating to this Agreement and agrees that all claims in respect of any such action or proceeding shall be heard and determined only in Bulgarian Courts. Nothing in this Section 16, however, shall affect the right of any party hereto to serve legal process in any other manner permitted by law or at equity. Each party hereto agrees that a final judgment in any proceeding so brought shall be conclusive and may be enforced by suit on the judgment or in any other manner provided by law or at equity.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE LIVINGSTON RESEARCH PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AND YOU ACCEPT ALL OF ITS TERMS.