1.1 REGISTRATION AND ACCEPTANCE
By registering for an account to Customer the Site (an “Account”), after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service, you agree to abide by these and the other Terms of Service.
To access and Customer the Site Services, you must register for an Account. Bfive reserves the right to decline a registration for any Freelancer, without stating any reason or for any lawful reason, or other business considerations.
If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, on behalf of yourself and the company as a freelancer.
1.2 ACCOUNT ELIGIBILITY
Bfive offers its site for your business purposes only. To register for an Account, you must, and hereby represent that you (a) are not an employee or agent of any company and authorized to act as an independent business (b) will use the Site for legitimate business purposes only; (c) will comply with all Bfive terms and conditions and applicable laws and regulations (d) are 18 years or older and can form legally binding contracts.
1.3 ACCOUNT PROFILE
To register for an Account to join the Site, you must complete a Customer profile (“Profile”), which you consent to be shown to other Customers (Customers/Service Requesters). You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading
1.4. FREELANCER MEMBER ACCOUNT
You acknowledge and agree that you are solely responsible, and assumes all liability, for (a) your employees or sub contractors; and (b) paying your employees and subcontractors.
1.5 IDENTITY AND LOCATION VERIFICATION
Your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of yourself on Bfive website. You authorize بي فايف, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents.
1.6 CUSTOMERR NAMES AND PASSWORDS
When you register for an Account, you will be asked to choose a Customer name and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Customer name and password and agree not to share your Customer name or password with any person who is not authorized to Customer your Account. You authorize Bfive to assume that any person using the Site with your Customer name and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized Customer of your Account or any unauthorized access to the password for any Account. You further agree not to Customer the Account or log in with the Customer name and password of another Customer of the Site if (a) you are not authorized to Customer either or (b) the Customer would violate the Terms of Service.
1.7 PURPOSE OF Bfive
The Site is a platform where Customers and Freelancers can identify each other and contract, request, and provide Freelancer Services online. Subject to the Terms of Service, Bfive provides the Site to Other Customers/Customers, facilitating the formation of Service Contracts. When a Customer enters a Service Contract, the Customer and Freelancer pay any amounts owed under the Service Contract.
1.8 RELATIONSHIP WITH Bfive
Bfive merely makes the Site available to enable Freelancers and Customers to find and transact directly with each other. Bfive does not introduce Freelancers to Customers, find Projects for Freelancers, or find Freelancers for Customers. Through the Site and, Freelancers may be notified by Bfive of Customers that may be seeking the services they offer, and Customers may also be notified of Freelancers that may offer the services they seek; always, however, all of Customers and Freelancers are responsible for evaluating and determining the suitability of any Project, on their own. If Customers and Freelancers decide to enter into a Service Contract, the Service Contract is directly between the Customers and Freelancers and Bfive is not a party to that Service Contract.
1.9 TAXES AND BENEFITS
Freelancer acknowledges and agrees that Freelancer is solely responsible for all tax liability associated with payments received by Freelancer’s through بي فايف, and that Bfive will not withhold any taxes from payments to Freelancer.
2. CUSTOMER FEEDBACK AND RATING
You acknowledge and agree that Customer feedback benefits Bfive platform, all Customers, and the efficiency of the Site and you specifically request that Bfive post composite or compiled feedback about Customers, including yourself, on Customer Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you, including your Job Success Score, wherever referenced, and other Customer Content highlighted by Bfive on the Site or otherwise (“Composite Information”), if any, will include Customer comments, Customer ratings, indicators of Customer satisfaction, and other feedback left exclusively by other Customers. You further acknowledge and agree that Bfive will make Composite Information available to other Customers, including composite or compiled feedback. Bfive provides its feedback system as a means through which Customers can share their opinions of other Customers publicly, and Bfive does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the business advertised in the Profile and not to any individual person. You agree not to Customer the Composite Information in any way.
2.1 CONTRACTUAL RELATIONSHIP BETWEEN CUSTOMER AND FREELANCER
3.1 SERVICE CONTRACTS
If a Customer and Freelancer decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Customer and Freelancer. Customer and Freelancer have complete discretion both regarding whether to enter into a Service Contract with each other and regarding the terms of any Service Contract. You acknowledge, agree, and understand that Bfive is not a party to any Service Contract.
2.2 DISPUTES AMONG CUSTOMERS AND FREELANCERS
For disputes arising between Customers and Freelancers, you agree to abide by the dispute process that must be agreed in the Service Contract.
2.3 CONFIDENTIAL INFORMATION
Freelancers and Customers may agree to any terms they deem appropriate with respect to confidentiality, including those set forth in the Optional Service Contract Terms. If and to the extent that the Customers do not articulate any different agreement, then they agree that this Section 3.3 (Confidentiality) applies.
To the extent a Customer provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as its Customers to protect its own Confidential Information, but in no event with less than due care. On a Customer’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.
2.4 SERVICE FEES FOR FREELANCERS
Freelancers pay Bfive a Service Fee (as defined in this Section 5.1) for the Customer of the Site. Bfive charges service fees to Freelancers, a 15% transaction fees of the total value of each project assigned to by the Customer. The Service Fees are paid directly by Customer to Freelancer. When a Customer pays Bfive for a Project, Bfive will subtract its agreed Service Fee, and credit the Freelancer Account the rest of the amount paid. Freelancer hereby irrevocably authorizes and instructs Bfive to deduct its Service Fee from the amounts paid by Customers in consideration of Services rendered by Freelancer.
2.5 MEMBERSHIP FEES AND CONNECTS
As you agree to sign up with us, BFive fees is 15% of project cost which will be deducted from freelancer and an additional percentage of 5% will be deducted every time the freelancer asks for more than one money transfer.
For Bfive to receive and process your financial receivables, there is a fee for processing the transfer to and from Bfive. By signing up, you agree that transfer fees of 15% from project cost will be deducted from your receivable amount and an additional percentage of 5% will be deducted every time the freelancer asks for more than one money transfer.
In case the freelancer receives payment directly from the client, the freelancer is obligated to transfer 15% of project cost to BFive company.
Freelancer’s clients will pay your project cost through BFive payment gateway, then BFive will process your receivables from our side. BFive will notify you through official email address on when/how you can collect your receivables.
We will need a bank letter with your current active IBAN account to be able to send your receivables.
BFive is not responsible for approaching or contacting a client (person who asked for service) to receive project payment; it's the freelancer duty to follow up with client on any matter related to the project.
If Customer fails to pay the Bfive the Service Fee for any reason, Bfive will be entitled to the remedies that may be available under applicable law or in such written agreement. For the avoidance of doubt, Customer will be deemed to be in default on the earliest occurrence of any of the following: (a) Customer fails to pay the Service Fees when due, (b) Customer fails to pay a balance, within a reasonable period but no more than 7 days
If Customer is in default, Bfive may, without notice, temporarily or permanently close Customer’s Account and revoke Customer’s access to the Site and Site Services or obtain any additional Freelancer Services through the Site. However, Customer will remain responsible for any amounts that accrue on any delivered services.
26 PAYMENT METHODS
Customer must abide by the Payment Method described in the payment gateway.
By providing Payment information through the Site, Customer represents, warrants, and covenants that: (a) Customer is legally authorized to provide such information; (b) Customer is legally authorized to make the payments.
the Customer of Payment Method may be limited by applicable law or by written agreement with our financial institution, Bfive is not liable to any Customer if Bfive does not complete a transaction because of any such limit, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Bfive will make commercially reasonable efforts to work with any such affected Customers to resolve such transactions in a manner consistent with these Terms of Service and any applicable Instructions.
Any payment outside Bfive platform, shall be at the risk of Customer.
2.7 CURRENCY CONVERSION
Bfive Site operates in Qatari Riyals. If a Customer’s Payment Method is denominated in a currency other than Qatari Riyals and requires currency conversion to make payments in Qatari Riyals, the Site may display foreign currency conversion rates as published by Qatar Central Bank at the time of the transaction.
2.8 WARRANTY DISCLAIMER
THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. Bfive MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THESE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Bfive DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
2.9 LIMITATION OF LIABILITY
Bfive will not be liable, and Customer/Freelancer agree not to hold Bfive responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
- use of or your inability to use our Site or Site Services;
- any in person interaction;
- controversies, claims, injuries or damages arising from or in anyway related to Bfive
delays or disruptions in Bfive Site;
- viruses or other malicious software obtained by accessing, or linking to, Bfive Site;
- glitches, bugs, errors, or inaccuracies of any kind in Bfive Site;
- damage to Customer/Freelancer hardware device from the use of the Site
a suspension or other action taken with respect to Customer/Freelancer Account;
- your reliance on the quality, accuracy, or reliability of the services provided by Freelancer;
Both Freelancer and Customer recognize that Bfive is not a party to any contract between themselves, and both do hereby release BFive, its Affiliates, and respective officers, directors, agents, subsidiaries, joint ventures, employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute Freelancer and Customer may have with one another. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Freelancer Services provided to Customer by a Freelancer and requests for refunds based upon disputes.
3.1 CHOICE OF LAW
These Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the State of Qatar.
Any dispute between Freelancer and Customer related to the service or at any phase of executing it shall be resolved in good faith efforts to resolve any dispute between them promptly and amicably. If such dispute has not been settled to the satisfaction of both parties within 30 days from the date the Freelancer or Customer notifies the other of the existence of a dispute, the project will be terminated and Customer to be refunded. In case of project termination, the 15% transaction fees will be deducted, and Freelancer will not be paid for any work done or completed or submitted.