Terms and Conditions of use of 529ers.com
With effect from today, the Freelancer is appointed as a self-employed contractor to the Client to carry out the Services, such services to be provided using reasonable skill and care, through the 529ers website (part of Eleos Group Ltd).
During their appointment, the Freelancer agrees:
- to devote such of their time, attention and skill to the business of the Client as shall, in the opinion of the Client, be necessary for the proper and timely performance of the services
- to carry out the services in an expert and diligent manner and to provide their services to the best of their commercial, technical and creative skill;
- to the best of their ability, promptly and faithfully to comply with and observe all lawful, reasonable and proper requests that may from time to time be given to them by the Client;
- during their appointment, not to undertake any additional activities or accept any other engagements that lead or might lead to any conflict of interest between the Freelancer and the best interests of the Client; and
- to keep the Client informed of progress on the services.
While the Freelancer’s method of working is entirely their own and they are not subject to the control of the Client, they shall nevertheless comply with any reasonable requests of the Client. If for any reason additional services, or an extension of services, are required additional payment must be reasonably agreed upon between Freelancer and Client.
Fees and Charges
The Client will purchase a product through the 529ers platform which includes a 12.5% fee to Eleos Group Limited.
The Freelancer and Client will agree upon a quote for the services to be completed The process of payments is as follows:
The Client will pay through the platform the agreed amount for the work. Eleos Group Limited will hold the funds until the services are complete. Once the Client is satisfied with the work, Eleos Group Limited will release the requested funds, minus the 12.5% fee, to the Freelancer.
The funds are payable only in respect of Services actually provided.
Delegation of work
If the Freelancer is unable at any time to perform the services due to circumstances beyond their control, the Freelancer may delegate performance of the services to such suitably qualified and experienced personnel as they may from time to time deem appropriate. This delegation will be subject to the Client’s consent, which will not be unreasonably withheld. The Freelancer must notify the Client if this power to delegate is exercised and provide details of the name and appropriate qualifications of the delegate.
The Contractor must promptly notify the Client in the case of illness or accident that prevents the performance of the services.
Compliance and Safeguarding
Freelancers are required to hold and retain all the educational, vocational, professional and other qualifications. The Company reserves the right, depending on the particular circumstances, to terminate your profile if at any time it is discovered that you do not have any of the claimed qualifications, grades or experience.
The Freelancer is entitled to be reimbursed by the Client for expenses which will be added to the quote provided by the Freelancer prior to payment release from the Client. This must be agreed between both parties. Eleos Group Ltd will not be entitled to reimburse any expenses.
The Freelancer should have all the necessary equipment to perform the services, and is expected to provide and pay for their own tools, machinery, equipment, materials and support staff.
The Freelancer hereby agrees that during the course of their appointment under these terms and conditions they are likely to obtain knowledge of confidential information with regard to the business and financial affairs of the Client and those of the Client’s clients, customers and suppliers, details of which are not in the public domain (“Confidential Information”), and accordingly the Freelancer hereby undertakes to and covenants with the Client that:
- they shall not at any time after terminating their profile or after the closure of a case, use or procure the use of the name of the Client in connection with their own or any other name in any way calculated to suggest that they continue to be connected with the business of the Client or in any way hold themselves out as having such connection;
- they shall not use the Confidential Information other than during the continuance of these terms and conditions and in connection with the provision of the services; and
- they shall not at any time after the date of these terms and conditions (save as required by law) disclose or divulge to any person other than to officers or employees of Eleos Group Ltd, whose province it is to know the same, any Confidential Information and they shall use their best endeavours to prevent the publication or disclosure of any Confidential Information by any other person.
The restrictions set out above shall cease to apply to information or knowledge that comes into the public domain otherwise than by reason of the default of the Contractor.
Either party shall have the right at any time to cancel their profile on 529ers.com
In addition, 529ers.com, and Eleos Group Ltd, shall have the right to terminate profiles at any time by summary notice without any payment in lieu in the event of the Freelancer or client:
- being in material or persistent breach of any of the terms of these terms and conditions;
- having a bankruptcy order made against them or making any arrangement with their creditors or having an interim order made against them;
- being convicted of any criminal offence other than a minor driving offence under the Road Traffic Acts;
- persistently and wilfully neglecting to efficiently perform the services, or provide the Freelancer with the necessary details to perform such services, including a failure to remedy any fault in work produced within a reasonable period of time of being notified of that fault; or
- doing any action manifestly prejudicial to the interests of Eleos Group Ltd or which may, in the opinion of Eleos Group Ltd, bring it into disrepute;
and the Freelancer or Client shall have no claim against Eleos Group Ltd in respect of the termination of their appointment for any of the reasons specified above.
The Client and the Freelancer declare and confirm that it is the intention of the parties that the Freelancer shall have the status of a self-employed person and shall be responsible for all income tax liabilities and national insurance or similar contributions in respect of their fees and accordingly the Freelancer hereby agrees to indemnify the Client in respect of any claims that may be made by the relevant authorities against the Client in respect of income tax and national insurance or similar contributions relating to the Freelancer’s services under this contract.
The Freelancer and Client warrants to Eleos Group Ltd that:
by creating a profile with 529ers they will not be in breach of any obligations to or agreements with any third party;
the Freelancer will take out and maintain throughout the term of this contract adequate insurance in respect of public liability insurance coverage to protect themselves against any liabilities arising out of this contract and shall produce, on request, a copy of the insurance policy certificate for inspection by Eleos Group Ltd; and
the Freelancer will take out and maintain throughout the term of this contract adequate employer’s liability insurance coverage to protect themselves against any liabilities arising out of this contract in respect of all and any workers they utilise to carry out the Services and shall produce, on request, a copy of the insurance policy certificate for inspection by Eleos Group Ltd.
Nothing in these terms and conditions shall render or be deemed to render the Freelancer an employee or agent of Eleos Group Ltd and the Freelancer hereby agrees that they are a self-employed independent contractor and not an employee or agent of Eleos Group Ltd. These terms and conditions do not create any mutuality of obligation between the Freelancer, Client and Eleos Group Ltd.
The Freelancer does not qualify for any company benefits from Eleos Group Ltd.
If either party to this contract is prevented or delayed in the performance of any of their respective obligations under this contract by “force majeure”, then such party shall be excused from performance for so long as such cause or delay shall continue.
For the purposes of this contract, “force majeure” shall be deemed to be any cause affecting the performance of these terms and conditions arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of either party and shall include, but not be limited to:
- strikes, lockouts or other industrial action;
- civil commotion, riot, act of terrorism, war threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic, bad weather or other natural physical disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; and
- political interference with the normal operations.
The terms and conditions contain the entire agreement and understanding of the parties relating to the subject matter of the terms and conditions and extinguishes all previous agreements between the parties relating to the subject matter hereof.
Survival of causes of action
The termination of profiles howsoever occurring shall not affect the rights and liabilities of the parties already accrued at such time nor affect the continuance in force of such of its provisions as are expressed as or capable of having effect after such termination.
If any provision of these terms and conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of these terms and conditions shall continue in full force and effect as if this agreement had been signed with the invalid, illegal or unenforceable provision eliminated.
Law and jurisdiction
The terms and conditions are governed by the laws of England and Wales/Scotland/Northern Ireland and the parties submit to the jurisdiction of the courts of England and Wales/Scotland/Northern Ireland.