Terms of Service (ToS) and End-User License Agreement (EULA)

Effective Date: [Jan-04-2024]

This document constitutes the Terms of Service (ToS) and End-User License Agreement (EULA) between [Tupper], referred to as “we,” “our,” or “us,” and you, the user, referred to as “you” or “user,” governing the use of our SaaS platform.

Platform Use Agreement:

By using our platform, both clients and freelancers agree to the following terms:

1. Compliance with Terms: Users agree to comply with all terms, conditions, and guidelines outlined in the Terms of Service and Privacy Policy.
2. Lawful Use: Users agree to use the platform for lawful purposes and in compliance with all applicable laws, regulations, and third-party agreements.
3. Account Responsibility: Users are responsible for maintaining the security and confidentiality of their account credentials and agree not to share their account access with unauthorized individuals.
4. Prohibited Activities: Users agree not to engage in activities that may disrupt the platform’s functionality, compromise security, or violate the rights of other users or the platform itself.
5. Content Responsibility: Users are responsible for the accuracy, legality, and quality of content posted or shared on the platform, ensuring it does not infringe upon the rights of others.
6. Dispute Resolution: In case of disputes or disagreements arising from platform use, users agree to engage in the dispute resolution mechanism outlined in our Terms of Service.

Terms of Agreement for Project Creation:

1. Accurate Information: Clients must provide accurate and truthful information regarding the project, including project scope, requirements, budget, and timelines.
2. Ownership of Project: The client retains ownership of the project and associated materials provided to freelancers for work purposes.
3. Non-Disclosure Agreement(if applied): Freelancers are bound by a non-disclosure agreement (NDA) regarding any confidential or proprietary information shared during the project.
4. Legal Compliance: Clients agree to comply with all relevant laws, regulations, and third-party agreements when posting a project.
5. Indemnification: Clients agree to indemnify and hold harmless the Platform against any claims or liabilities arising from the project.
6. Dispute Resolution: Disputes between clients and freelancers shall be resolved according to the dispute resolution mechanism outlined in our Terms of Service.

Terms of Agreement for Freelancer Bidding on a Project:

1. Bid Accuracy: Freelancers must provide accurate and truthful information regarding their skills, experience, and proposed project execution.
2. Acceptance of Project Scope: Freelancers acknowledge that by bidding on a project, they accept the stated project scope, requirements, and terms provided by the client.
3. Non-Disclosure Agreement: Freelancers are bound by a non-disclosure agreement (NDA) regarding any confidential or proprietary information shared during the project.
4. Compliance: Freelancers agree to comply with all applicable laws and regulations while executing the project.
5. Dispute Resolution: Freelancers agree to engage in the dispute resolution mechanism outlined in our Terms of Service in case of any conflicts or disagreements with the client.

Terms of Agreement for Client-Freelancer Collaboration:

1. Project Execution: Freelancer will execute the project according to the agreed-upon scope, requirements, timelines, and milestones.
2. Communication: Both parties agree to maintain open and professional communication throughout the project duration.
3. Intellectual Property: Any work product created during the project remains the intellectual property of the client upon successful payment, unless otherwise agreed upon in writing.
4. Payment Terms: Payment will be made as per the agreed-upon terms and milestones outlined in the project agreement.
5. Dispute Resolution: In case of disputes or disagreements, both parties agree to engage in the dispute resolution mechanism outlined in our Terms of Service.

Payment Terms for Fund Transfer:

1. Payment Schedule: Payments will be processed according to the agreed-upon milestones or schedule specified in the project agreement.
2. Escrow Service: Payments may be held in escrow until the agreed-upon deliverables or milestones are met, after which they will be released to the freelancer. We utilize the services of BulkPe for managing these financial transactions securely.

Payment Disputes: In case of payment disputes, both parties agree to provide necessary documentation and evidence to resolve the issue in accordance with our dispute resolution mechanism.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.

[Company Name] (Company): _______________________________

[Tupper Corporate/ Tupper Pvt Ltd] (Platform): _______________________________

User Registration and Account Security

    a. You must provide accurate and complete information during the registration process.

    b. You are responsible for maintaining the confidentiality of your account credentials.

    c. You are responsible for all activities that occur under your account.

User Conduct

    a. You agree not to engage in any conduct that violates applicable laws or regulations.

    b. You will not use the platform for any unlawful or prohibited purpose.

    c. You will not post false, misleading, or fraudulent information.

Intellectual Property

    a. You retain ownership of your intellectual property rights in the content you submit to the platform.

    b. By using the platform, you grant us a non-exclusive license to use, reproduce, and display your content for the purpose of providing and improving our services.

Termination

    a. We reserve the right to suspend or terminate your access to the platform at our discretion.

    b. Upon termination, your license to use the platform is revoked.

Limitation of Liability

    a. We are not liable for any indirect, incidental, special, or consequential damages.

    b. Our total liability for any claims arising from your use of the platform is limited to the amount you paid for the services.

Changes to Terms

       We reserve the right to modify these terms at any time. Changes will be effective upon posting on the platform.

Contact Information

For questions or concerns regarding these terms, please contact us at [support@tupperfreelancing.com].

By using our platform, you acknowledge that you have read, understood, and agree to these Terms of Service and End-User License Agreement.