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The following are the terms and conditions of membership. Some of it will only be relevant to paying members so have a good read through as this is what you have to agree to in order to become a member of Freelancer Club. We believe that we are stronger together rather than as individuals so we ask that you respect one another, be caring and help us build a positive community.
This Agreement sets out the terms upon which membership to Freelancer Club is offered to members. The Membership fee is paid in advance via the The Freelancer Club website at www.freelancerclub.net herein referred to as "the Website".
We operate the Service in the United Kingdom under Model Days Limited t/a The Freelancer Club ("The Freelancer Club" or "we" or “us” or “our”), a company incorporated in England and Wales under company number 07678225.
The End User License Agreement "EULA" is incorporated into these terms and conditions by this reference. The EULA shall apply to any software including applications provided by The Freelancer Club or Model Days Limited and accessed by you through Apple's iOS operating system, and for the purpose of the EULA, Model Days Limited shall be the "Licensor" under the EULA."
Registration and Membership
To set up a profile, post jobs, upload content and interact with the site, you first must register as a member of The Freelancer Club. Free (Aspire) Membership allows for a limited service of the site whereas paid Membership (Starter and Pro) gives you access to others services on The Freelancer Club website.
Members must complete the registration process with accurate details to ensure you receive confirmations, notifications, and alerts. Incorrect details (specifically your email address) will prevent you from completing registration and you won't be able to access the site. Please notify us of any changes to your personal details. We would appreciate it if you used your own identity rather than an alias but we respect your right to use a brand name. If however, we become aware of members using another person’s identity we reserve the right to delete your account and terminate membership with immediate effect. All registered sign-ups agree to be added to our Newsletter list. You can opt out of this subscription by clicking the Unsubscribe button at the bottom of each newsletter.
Membership Fees and Renewals
Paying Members can choose to be billed monthly or bi-annually. Fees can be made by credit or debit card via the Website.
The Freelancer Club may choose to increase the membership fees from time to time by either posting the new fee rate on the Website or by contacting members directly via email. Before the specified period of membership expires we will send you a reminder to inform you that we will be renewing your membership for that period with the new rate. Should you wish not to renew you will be downgraded from a paying Membership to a free Membership automatically and you will lose all previous Membership privileges. The images that you uploaded during your paying Membership period will be stored for a period of time should you wish to renew but please be aware that after that period, we will delete this content from our site.
All subscription plans to the Service consist of recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. FreelancerClub.net (through its Payment Provider) may submit periodic charges (e.g. monthly) without further authorisation from you until you provide prior notice (confirmed via your Account Settings) that you have terminated this authorisation or wish to change your Payment Method (via 'Update Card Details' in your Settings page). Such notice will not affect charges submitted before FreelancerClub.net reasonably could act. To terminate your authorisation or change your Payment Method visit your Settings page and click Cancel to follow the process. Please note that defaulting on your membership payment does not constitute a cancellation and we will continue to attempt to take payment. Follow the instructions to complete the cancellation of your membership. Should you wish to remove your Profile from the site completely, email a request to email@example.com.
FreelancerClub.net bills you through an online account (your "Billing Account") for use of the Service. FreelancerClub.net does this through its payment provider, Stripe Payments Europe Ltd (the “Payment Provider”). You agree to pay FreelancerClub.net (through its Payment Provider) all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorise FreelancerClub.net to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. FreelancerClub.net and its Payment Provider reserve the right to correct any errors or mistakes that they make even if they have already requested or received payment.
Your Freelancer Club subscription will be automatically extended for successive renewal periods of the same (or, at our discretion, shorter) duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, visit the help centre in your account settings. If you choose to cancel your membership, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
The Freelancer Club does not accept cancellation requests via phone, email, or any method other than logging into your Account settings and following the steps to cancel your service. Upon cancellation, your Pro Membership account will be downgraded to a free Membership account resulting in the loss of all previous Membership privileges.
Under the Consumer Contracts Regulations 2014 (previously Consumer Protection (Distance Selling) Regulations 2000), you are not entitled to a refund once payment has been made for paid Membership due to receiving the service (ie: full access to the website). Any refunds distributed will be made at our discretion.
FreelancerClub.net does not make a charge to an advertiser in the event that it employs an applicant and does not charge a fee or take commission from an applicant who has secured work from the provision of the Service.
7 Day Free Trial FAQ
What is a free trial?
Periodically we may offer a free 7 day trial period in order to introduce you to the benefits of Pro Membership.
Why do I have to provide my credit card details?
A valid credit card is required as a means of verification and to ensure that your paid Membership is not demoted to a Free Membership on the final day of your free trial. Your card will be pre-authorised at the point of sale to ensure funds are available should you wish to continue using the service. The pre-authorised amount will be held until the balance is cleared or falls off ie: the account is cancelled.
Will I be charged if I cancel within the 7 days trial period?
No, you will not be charged if you cancel within the the 7 day period.
How can I cancel my free trial?
You can cancel your free trial anytime from your account settings. Be sure to click on the cancel button located in the help centre to ensure the cancellation goes through. You will see a cancellation confirmation on your screen when it is completed. What happens to my account if I cancel? Should you cancel your account during the 7 day period, your account will demote to a Free Membership on the final day. You will lose all Pro Membership benefits and any pending benefits such as job applications or messages from employers.
Current Information Required.
You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit or debit card number, or credit or debit card expiration date), and you must promptly notify FreelancerClub.net if your Payment Method is cancelled (e.g. for loss or theft) or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your username or password. Changes to such information can be made by emailing firstname.lastname@example.org or through the help centre on your account settings page. If you fail to provide FreelancerClub.net with any of the foregoing information, you agree that FreelancerClub.net (through its Payment Provider) may continue charging you for any use of the service under your Billing Account unless you have terminated your subscription for the service (confirmed by you in writing upon request by FreelancerClub.net).
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit or debit card issuer or other providers of your chosen Payment Method (the "Payment Method Provider"). You authorise your Payment Method Provider to pay all charges owed by you to the Payment Provider. If you become aware of fraudulent use of your card or it is lost or stolen, you must notify the Payment Method Provider in accordance with its reporting rules. Where FreelancerClub.net (or its Payment Provider) are obliged as a merchant to refund monies, we agree to refund any such monies, to enable us to meet our merchant obligations. If FreelancerClub.net (or its Payment Provider) does not receive payment from your Payment Method Provider, or has to refund payment pursuant to its merchant obligations, you agree to pay all amounts due on your Billing Account upon demand to the Payment Provider. Default payments due to a lack of funds or change in banking details will be dealt with by our Credit Control department and depending on the circumstance you may be liable for charges.
Change in Amount Authorised.
You agree that FreelancerClub.net or its Payment Provider may accumulate charges incurred and submit them as one or more aggregate charge(s) during or at the end of each billing cycle.
Reaffirmation of Authorisation.
Your non-termination or continued use of the Service reaffirms that FreelancerClub.net (through its Payment Provider) is authorised to charge your Payment Method. FreelancerClub.net (through its Payment Provider) may submit those charges for payment and you will be responsible for such charges. This does not waive FreelancerClub.net’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service. Additional payment attempts will be initiated 2 and 7 days after the scheduled payment date.
The administration of payments and collection of those payments is conducted by the Payment Provider on behalf of FreelancerClub.net. You accept that the Payment Provider collect the charges payable by you. The services provided by the Payment Provider (to FreelancerClub.net) are administrative and does not affect the contractual relationship between you and FreelancerClub.net
You are responsible for paying all taxes levied in connection with your use of The Freelancer Club Services. Your ability to access the Services may require payment of third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, credit card fees, foreign exchange fees, etc). which are solely your responsibility. You may request payment receipts up to one year of the transaction date.
Content of Postings
Freelancer Club has a very strong policy against abusive and other objectionable content. Any content that is deemed inappropriate, offensive, abusive, unlawful or unsuitable will be removed from the site or from any application provided by Model Days Ltd at our discretion. This applies to images, video, messages, in-mail, comments or any form of content that is uploaded to the site or applications. Members aged between 16 and 18 years are required to send us an email from a parent or guardian granting permission to email@example.com prior to using the website.
In addition, any use of The Freelancer Club for any illegal or unlawful activities including harassment, mass messaging, spam advertising, fraudulent, inaccurate, incomplete, false or misleading information will not be tolerated and we will remove all content immediately and take the necessary action to keep our site safe for those using it in the correct manner. Our members are genuine freelancers looking to develop their careers so play nice!
Members of The Freelancer Club are able to upload content to their profile. Aspire members can upload up to 60 images whilst Starter and Pro members can upload up to 120. The Freelancer Club runs a fair usage policy and will suspend or remove accounts deemed to be in breach of our terms.
Paid & Unpaid postings
Whether your posting is for paid work or a test shoot, you warrant that your posting and the job advertised are not in breach of any relevant law from time to time in force including, but not limited to, the laws relating to the national minimum wage, employment rights and equality/diversity. You agree that it is your responsibility to meet all legal obligations towards those whom your posting is aimed at.
We recognise that there is great value in freelancers having access to legitimate work experience, where it is offered and arranged legitimately and is a mutually beneficial arrangement, but that this should never be used as a way of attempting to circumvent national minimum wage regulations.
FreelancerClub.net reserves the right not to allow your job post to be published on FreelancerClub.net or to remove your job post from our site if the advertisement is in breach of national minimum wage legislation or any other legislation, including relating to employment rights and equality/diversity.
We do not post unpaid work for commercial gain for the advertiser unless there is mutual benefit for both parties. We do post test shoots/collaborations for creative individuals to meet and shoot together and there are documents to download on how best to arrange these via our Download Centre. Testing Agreement document templates and Model Release forms are available to download in our Resource Centre. We post certain commission only, basic plus commission, profit share and barter system jobs based on each circumstance. We do our utmost to perform the due diligence necessary prior to posting any job to provide our members with relevant and beneficial opportunities.
Advertiser's contact details will be made available only when the advertiser offers the role to an applicant and will not be shared at any other stage of the process.
Referral Program (currently under construction)
Referral codes are available to all Members of The Freelancer Club. Your unique referral code can be found in your account settings (the cog symbol at the top of the site). Simply give your code to the person who wishes to sign up for them to use it on the payment page (BECOME A PRO MEMBER page).
For every paying Member who joins The Freelancer Club using your exclusive referral code, you will receive credit that will automatically be deducted from your first recurring membership payment. Please note, you can only use credit once you've signed up and paid as a paying Member. To view the total amount of credit in your account or to view a list of previous payments, visit your Account Settings page and scroll down to Billing History.
By taking part in the Referral Program, you accept and fully agree that The Freelancer Club cannot be held liable for your referrals incorrectly detailing your referral code during their signup. Nomination of a referring user by a member can only be made at the time of payment when a member chooses to become a pro member. The Freelancer Club cannot take referral details retrospectively after a signup has been made, whether made by your referral or not.
Please note that the credit applied to your account can be used against membership fees or shop purchases only. It does not have a monitory value outside of this use. Nor can the credit be ‘cashed in’ nor can the credit be transferred to another member or to an alternative account.
Should you cancel your membership and request to remove your account from the site entirely, the credit will be deleted along with the account. On cancelation of your paying Membership account, your remaining credit (should it exceed the next payment) will cover the full cost of any membership fee owed and continue to do so until the credit is depleted or cannot cover the membership amount.
Should you default on a payment, credit will not be deducted from your account unless it exceeds the total amount of the membership fee owed in which case the membership fee will be covered for that specific payment.
We reserve the right to refuse to accept a referral at our absolute discretion. In addition, we reserve the right to revoke, amend or deny credit at any time should there be a change in policy. We reserve the right to vary the Terms and Conditions of the Referral Program. We similarly reserve the right to terminate the Program. Any such changes will normally be announced through our internal messaging system. It is your responsibility to remain informed as to any changes of the service via these pages and our normal channels of communication.
By taking part in the Referral Program you understand that we continuously monitor participation and will take action against suspected fraudulent activity in line with our Policies.
IP & Copyright
By using our site, you acknowledge and agree that The Freelancer Club owns all the intellectual property rights to the Website. You are prohibited from using, reproducing or copying any content without our written consent. Should you wish to email us about anything of the sort, please do so at firstname.lastname@example.org
All materials contained on this website are strictly protected by copyright and other laws of England and Wales and under international conventions and similar laws in countries outside of the United Kingdom. You are not permitted under any circumstances to use or replicate or allow anyone to use or replicate the name and logo of FreelancerClub.net for any reason without our express written consent.
Although we take reasonable steps to prevent the introduction of viruses or other destructive materials to our website or online service, we do not guarantee that the service or materials that may be available from our website do not contain such destructive features. We shall not be liable for any damages or liability attributable to such features. If you use any materials available through this website, you do so solely at your own risk.
Access to our site may be interrupted, restricted or delayed from time to time. We will not be liable for damages or costs in these circumstances.
Liability and Indemnity
The Freelancer Club cannot accept any liability for any posting, comment, messages or otherwise and you acknowledge that The Freelancer Club cannot be liable.
FreelancerClub.net’s liability and responsibility are excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of our services.
Without limiting any other rights and remedies available to FreelancerClub.net, we may limit your activities on the web site, remove your advertisements, remove your profile and files, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or where FreelancerClub.net considers it appropriate.
You may not use our services if:
• You have ever been convicted of a violent or sexually related criminal offense.
• You have previously been banned from using our services or are associated with someone who is banned from using our services.
• You are directly or indirectly involved in the operation of a company that competes with our services.
• You are under the age of 16. Those wishing to join the club aged between 16 to 18 must send an email from a parent or guardian to confirm that they have been granted permission to do so.
Termination & Suspension
The Freelancer Club reserves the right to terminate, suspend or restrict your membership if you are in breach of these Terms or otherwise. The Freelancer Club may terminate any membership entirely at its own discretion and at any time. We reserve the right to deny access to the site or refuse membership to any person for any reason with which we consider appropriate.
In the event of termination (or suspension or restriction) for being in breach of these Terms, no refunds will be payable.
In respect of any Member Personal Data, we will:
only act on your written instructions (including this Agreement);
ensure that people processing the data are subject to a duty of confidence;
take appropriate measures to ensure the security of processing;
assist you in providing subject access and allowing data subjects to exercise their rights under the GDPR;
assist you in meeting your GDPR obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments;
delete or return all Member Personal Data to you as requested at the end of the contract; and
submit to audits in relation to Member Personal Data and provide you with whatever information you need to ensure that you are meeting their GDPR obligations.
You are not permitted to collect, store or database information from the website or from members including but not exclusive to email addresses, websites or phone numbers.
You cannot assign or share your membership without our consent. Our system will alert us to multiple users logged in with the same details. Should we be made aware of this abuse to the system, we will investigate the matter and terminate the account without refund should we feel that the system is being abused.
These terms and your use of the Website and the Service are governed by English Law and you agree to submit to the jurisdiction of the English courts.
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