Terms of Service

DRAFT - NOT YET REVIEWED BY A LAWYER. Items in [BRACKETS] must be filled in.

Last updated: [DATE]

1. ABOUT THESE TERMS

These Terms of Service ("Terms") govern your use of the FVDlance website at [DOMAIN] (the "Platform"), operated by [LEGAL ENTITY NAME], [REGISTERED ADDRESS] ("FVDlance", "we", "us", "our").

By creating an account or using the Platform, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Platform.

2. WHAT FVDLANCE DOES

FVDlance is a platform that helps clients find, contact and review creative experts. We provide a directory of expert profiles, messaging between users, and reviews.

FVDlance is not a party to any agreement between a client and an expert. We do not employ experts, we do not act as an agent for either side, and we do not guarantee the quality, safety, legality or timeliness of any work or payment. Any agreement about scope, price, deadlines, payment, ownership of work or refunds is solely between the client and the expert.

[IF PAYMENTS OR COMMISSIONS ARE ADDED LATER, THIS SECTION MUST BE REVISED.]

3. ELIGIBILITY AND ACCOUNTS

3.1 You must be at least [16 / 18] years old, and able to form a legally binding contract, to use the Platform.

3.2 You must give accurate information when you create your account and keep it up to date. You must verify your email address before using certain features, such as saving experts, leaving reviews and messaging.

3.3 You are responsible for keeping your password secure and for all activity on your account. Tell us immediately at [CONTACT EMAIL] if you suspect unauthorised use.

3.4 You may have only one account, and you may not create an account on someone else's behalf without their permission.

4. EXPERTS

4.1 To be listed as an expert you must apply through the Platform. We may approve or reject applications at our discretion and are not required to give reasons.

4.2 By applying, you confirm that the information and portfolio work you submit are accurate and that you have the right to show them.

4.3 Once approved, your name, profile, portfolio work and reviews will be displayed publicly. You can hide your profile from the public directory at any time from your dashboard.

4.4 We may remove an expert from the directory, or revoke expert status, if we reasonably believe the expert has breached these Terms, misrepresented their skills or work, received credible complaints, or no longer meets our standards. [ADD LINK TO SEPARATE EXPERT STANDARDS DOCUMENT IF CREATED.]

5. YOUR CONTENT

5.1 "Your Content" means anything you post or upload to the Platform, including profile information, avatars, portfolio images, links, messages, attachments, applications and reviews.

5.2 You keep ownership of Your Content. By posting it, you grant FVDlance a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display and adapt (for example resize or crop) Your Content, only as needed to operate, promote and improve the Platform. For public content such as expert profiles and portfolio work, this includes displaying it on the Platform and in [SOCIAL MEDIA / MARKETING - CONFIRM IF DESIRED]. This licence ends when you delete the content or your account, except for:

• reviews, which remain on the Platform shown as "Former member"; and
• copies we must keep for legal reasons or that remain for a limited time in backups.

5.3 You confirm that you own Your Content or have all the rights needed to post it, and that it does not infringe anyone else's rights.

5.4 We do not review all content before it is posted, but we may remove any content that we reasonably believe breaches these Terms.

6. ACCEPTABLE USE

You must not use the Platform to:

1. post anything unlawful, defamatory, harassing, threatening, hateful, sexually explicit, or that infringes someone else's intellectual property or privacy;
2. upload malware or files designed to harm or gain unauthorised access to any system;
3. send spam, unsolicited advertising or bulk messages;
4. impersonate any person or misrepresent your identity, qualifications or work;
5. post fake, misleading or incentivised reviews, review yourself, or review an expert you have not genuinely dealt with;
6. scrape, crawl or harvest data from the Platform, or use it to collect other users' contact details, except as needed to communicate about a genuine project;
7. attempt to bypass security, access other users' accounts, messages or files, or interfere with the Platform's operation;
8. use the Platform for any fraudulent purpose.

Uploads are subject to size limits shown on the Platform.

7. REVIEWS

Reviews must be honest and based on your genuine experience with the expert. You may edit your review at any time. We may remove reviews that breach these Terms, but we do not otherwise endorse or verify reviews and are not responsible for their content.

8. SUSPENSION AND TERMINATION

8.1 You may delete your account at any time from your dashboard. The effect of deletion on your data is described in our Privacy Policy.

8.2 We may suspend or close your account, remove your content, or limit your access to the Platform, with or without notice, if we reasonably believe you have breached these Terms, if required by law, or to protect other users or the Platform.

8.3 Sections 5.2 (to the extent it survives), 9, 10, 11 and 13 continue to apply after your account ends.

9. DISCLAIMERS

The Platform is provided "as is" and "as available". To the fullest extent permitted by law, we make no warranties of any kind, express or implied, including that the Platform will be uninterrupted, error-free or secure, or that any expert, client, profile, review or message is accurate or reliable.

You are responsible for your own dealings with other users, including checking their identity, skills and suitability before working with them.

10. LIMITATION OF LIABILITY

10.1 Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, or for fraud.

10.2 Subject to 10.1, FVDlance will not be liable for:

1. any dispute, loss or damage arising from an agreement or dealing between users;
2. any indirect or consequential loss, or loss of profit, revenue, business, goodwill or data;
3. any loss caused by content posted by other users.

10.3 Subject to 10.1, our total liability to you for all claims relating to the Platform is limited to [the greater of the amount you paid us in the 12 months before the claim or [AMOUNT/CURRENCY]].

[LAWYER TO CHECK CONSUMER-LAW LIMITS IN THE GOVERNING JURISDICTION.]

11. INDEMNITY

You agree to compensate FVDlance for any claims, losses and reasonable costs (including legal fees) arising from Your Content, your breach of these Terms, or your dealings with other users. [LAWYER TO CONFIRM ENFORCEABILITY AGAINST CONSUMERS.]

12. CHANGES TO THE PLATFORM AND THESE TERMS

We may change, suspend or discontinue any part of the Platform at any time. We may update these Terms from time to time. If we make significant changes, we will notify you by email or through the Platform before they take effect. If you keep using the Platform after the changes take effect, you accept the updated Terms.

13. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of [JURISDICTION]. The courts of [JURISDICTION] have [exclusive / non-exclusive] jurisdiction over any dispute arising from them, except that if you are a consumer you may also have the right to bring proceedings in the courts of the country where you live.

14. GENERAL

• If any part of these Terms is found unenforceable, the rest remains in effect.
• If we do not enforce a right straight away, we can still enforce it later.
• You may not transfer your rights under these Terms without our consent. We may transfer ours to another organisation, for example if our business is sold.
• These Terms, together with the Privacy Policy, are the entire agreement between you and FVDlance about the Platform.

15. CONTACT

[LEGAL ENTITY NAME]
[REGISTERED ADDRESS]
[CONTACT EMAIL]