Preamble

Picklance.com (herein referred to as “Picklance”) is an online freelancing website opearated by "  ", adresss, registered in "  ".
Picklance is the work marketplace where innovative companies (herein referred to as “Clients”) and talented independent professionals (herein referred to as “Freelancers”) meet online and work together under new rules of flexible working. Clients and Freelancers (herein referred collectively to as “Users”) commit themselves on the highest level of professionalism when interacting and collaborating throughout the website.
At Picklance we are committed to ensuring the best online working experience.
These Terms of Service explains and regulates the relationships between Picklance and its Users, and the relationships between Clients and Freelancers across the website. 
We may update this Terms of service from time to time so please do review this Policy regularly.
By using the Picklance website and accepting the Terms of service you also agree to to our Privacy and Cookies Policy. If you do not agree to this Terms of Service you must not use the Picklance website.


1 - Eligibility

Clients and Freelancers can use the website given that:

  • They are 18 years of age; or
  • They are an individual or a person representing a legal entity for which they have the legal authority to make this entity bound of this Agreement
  • They are not restricted by any UK law or other jurisdictions to provide or receive professional services
  • They have no previously registered accounts suspended or closed by Picklance

The infringement of any of the above conditions may cause the immediate suspension / closure of the account from Picklance.


2 - Account rejection / suspension / closure

Picklance reserves the right, at its absolute discretion, to:

  • reject the application for registration
  • suspend an account
  • close an account

with or without giving any reason for doing so.
In the case, the account has subscribed a paid plan no reimbursement will be provided in any case.
In the case the account has money earned from previous legitimate activities on Picklance, Users will be refunded exclusively of the “Current balance” owned at the moment of the closure of the account.


3 - Usage of the website

Clients and Freelancers can use the website given that they will not:

  • Infringe laws, regulations and the basic rules of social and moral conduct which regulates relationships over the internet
  • Infringe any copyright or patent or intellectual property
  • Use this website in any way that may cause nuisance, annoyance, threat or inconvenience to any other User or to the website
  • Adopt any behaviour aimed at circumvent or manipulate the fees and the earnings due to Picklance and to other Users on the website
  • Post false information in order to undermine other Users ‘credibility for the sole scope of getting a competitive advantage over them
  • Post non genuine projects / bids whose scope has never been intended as supposed Clients (Clients) or supposed contractors (Freelancers)
  • Publish contact information in not allowed places
  • Causing damage, transfer or help to transfer any sort of virus or malicious software to this website and other Users across the website
  • Undertake or indulge in any activity which can be described as hacking while using this website

The infringement of any of the above conditions may cause the immediate suspension / closure of the account from Picklance.


4 - Relationships between Clients and Freelancers

Clients and Freelancers hereby agree and acknowledge that:

  • During the negotiation phase they will not disclose each other any contact information or other types of information which are not strictly necessary to increase the understanding of the scope of the project and checking the experience and expertise necessary to complete the desired requirements
  • The Freelancer will be responsible for successfully completing the project according to specifications and descriptions provided by the Client within the stipulated time frame
  • The Client will be responsible of providing all the necessary information and timely feedbacks to put the Freelancer in the best conditions of delivering the project on time with the best quality standards
  • During the project or upon its completion, the Client will be responsible to pay completely as per the project's commitments at the time when the Freelancer accepted it or pay in whatever instalments as agreed initially
  • Upon the completion of the project and the full payment from the Client, the Freelancer implicitly renounces any sort of intellectual property over the professional services provided to the Client throughout the time spent on the project while using this website
  • Upon the completion of the project, Clients and Freelancers commit themselves in giving each other a public feedback and rating which is consistent, loyal, objective and transparent in order not to undermine the integrity of the Picklance feedback system
  • In case of any conflict, both parties will make their reasonable efforts to resolve the issue(s) amicably

The infringement of any of the above conditions may cause the immediate suspension / closure of the account from Picklance.


5 - TRASST payments

Picklance operates a way to manage financial transaction called TRASST (TRAnsaction Safe System for Freelancers) in order to guarantee both Clients and Freelancers. Picklance TRASST payment service works in this way:

  • Clients are asked to pay the full amount of the project once the selected Freelancer has accepted to work on it.
    • Picklance will retain the full amount of the project till the completion of the project
    • During or at the end of the project the Client can choose to release to the Freelancer a partial or full amount
    • After 30 days from the closure of the project the Client acknowledge that, if there are no pending disputes in place, or rescheduling of the original due date, Picklance will release automatically the whole amount of the project to the Freelancer
    When a partial or full amount has been released (manually by the Client, or automatically after the expiration of the 30 days period after the project closure), this has to be considered final and there are no ways to refund the payment
  • By using the Picklance TRASST payment service you expressly acknowledge that:
    • Picklance is not acting as a trustee or a fiduciary of Clients or Freelancers
    • Picklance is neither a “financial institution” nor an “escrow service” as defined under the Payment Services Directive 2009 of the Financial Services Authority (FSA) in the United Kingdom
    • Picklance IS NOT A BANK AND PAYMENTS TRANSFERRED THROUGH Picklance TRASST payment service ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE
  • Picklance TRASST payment service operates in British Sterling (GBP): Picklance has not to be considered responsible for currency fluctuations that occur when receiving or sending payment via bank account, credit cards, PayPal account

6 - Membership plans, Additional features, Project fees, Transaction fees

  • Membership plans: Picklance operates using different levels of access and permissions to the website for both Clients and Freelancers, according to the specific membership plan subscribed. Picklance reserves the right to change its membership plan at every moment: in the event of changing a membership plan, Picklance will make sure that Users will not be affected as long as their current plans are not expired, unless this does not conflict with technical updates of the website
  • Additional features: Picklance may charge the Client for the purchase of additional features when a project is posted. Additional features will be calculated according to the current membership plan subscribed by the Client. All the additional features costs charged are non-refundable, whether or not the project is satisfactorily completed
  • Project fees: Picklance may charge both Clients and Freelancers of fixed and percentage fees over the projects posted / bid on. Fees will be calculated according to the membership plan currently subscribed by the User at the moment when:
    • the Client posts the project
    • the Freelancer accepts the project
    All the project fees charged are non-refundable, whether or not the project is satisfactorily completed
  • Transaction fees: Picklance may charge transaction fees in order to receive or sending money from / to its Users. These fees are at coverage of the administration costs sustained by Picklance and are non-refundable, whether or not the project is satisfactorily completed

7 - Invoices

Picklance will issue invoices in the following cases:

  • To Clients and / or Freelancers upon the purchase of a membership plan
  • To Clients and / or Freelancers upon the completion of the project for the only part limited to the transaction fees
In no cases Picklance will issue invoices for the transaction fee. Please print a copy of them for your records.
Upon the completion of the project the Freelancer, on request, are due to issue an invoice to his/her Client for the amount they bid on (therefore comprehensive of their project fees)

8 - Arbitration

Users commit themselves to seek an amicable solution to controversies which may arise when collaborating on a project. In the case where Users cannot reach a satisfactory agreement by themselves, both Clients and Freelancers are entitled to open an arbitration ticket in the support area. Picklance will analyse the ticket and decide the case within in 10 working days based on the information provided. In analysing the case, the customer support of Picklance is entitled to access all the records posted by both Client and Freelancer (including their private messages) through the website. Picklance will keep an impartial point of view on the case, based on factual evidences. Users acknowledge that they accept, without exception, the final decision given by Picklance: the same decision is final and unchangeable and cannot be referred or challenged into the Court of Law or into any third party entity, including but not limited to our payment gateway service providers


9 - Information stored on the website

Picklance, in order to assure the correct working of the platform, reserves the right, at its sole discretion, to delete, partially or completely what posted by users in the working area after 3 months the project has expired. This may include attachments, design mockups, conversation, comments. Users are invited to create a backup of delivery and sensible data from the working area when the project has been concluded


10 - Limitation of Liability

Users expressly acknowledge, agree and understand that:

  • Picklance website is merely a virtual workspace where Users may act as Clients or Freelancers
  • Picklance is not an active part to any service contract between Clients and Freelancers
  • Picklance does not employee the Freelancers working on its website, therefore it cannot, in any way, supervise, direct, or control them
  • Picklance cannot be considered liable for the services promised or rendered by the Freelancers while working on its website or for the commitments from Clients
Furthermore Users acknowledge that Picklance, its proprietor Towoglo, its licensors and its third-party providers are not liable for any special, indirect, consequential, incidental or punitive damages, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages