This page together with our Privacy Policy tells you information about us and the legal terms and conditions (Terms) on which we provide any of the services (Services) made available to you. These Terms will apply to any contract or arrangement between us for the supply and use of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before using any Services from us. Please note that by using any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in them and that before using the Services you will be assumed to have agreed to these Terms.
If you refuse to accept these Terms, you will not be able to access or use any of our Services. You should print a copy of these Terms or save them to your computer for future reference. Every time you wish to use or access the Services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 9th September 2018.
These Terms, and any Contract between us, are only in the English language.
We provide our services through the website www.supportfinity.com, supportfinity.com is a copyrighted work website (the Site) belonging to SupportFinity, Inc. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
To contact us, please see our Contact Us page.
Your use of our services is governed by our Terms and Conditions and our Privacy Policy.
Please take the time to read these, as they include important terms which apply to you.
You represent and warrant that you are of legal age and otherwise competent to enter into this Agreement in your jurisdiction and, if you are entering into this Agreement on behalf of an entity, that you are authorized to enter into this Agreement on behalf of such entity.
BY LOGGING INTO THE SITE, YOU AGREE TO COMPLY WITH THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
Subject to the terms and conditions specified, the right to use is subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright, trademarks and other proprietary notices on the Site must be retained on all copies thereof.
SupportFinity reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that SupportFinity will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of SupportFinity, and SupportFinity is not responsible for any Third-Party Links & Ads. SupportFinity provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that SupportFinity will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the SupportFinity and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
The Site may permit you to send messages (including via email) to us or to other Site users (“Messages”). You are solely responsible for your Messages and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide right to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, services of third party service providers to facilitate the sending of Messages to your designated recipients). You represent and warrant that your Messages will not be infringing on any third party right, including Intellectual Property or privacy rights. You retain all of your ownership rights in your Messages. You acknowledge and agree that the provisions of User Submissions below shall also apply to Messages that you send via the Service.
User Submissions. SupportFinity and the Site treat all Messages with great care and would not accept unauthorized idea submissions. SupportFinity cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions through the Site. SupportFinity will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them.
We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
This section discusses what you must agree to before using the Site or Site Services and the different types of accounts that can be created on the Site, as detailed below.
By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.
To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to the Site Terms of Use, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. SupportFinity reserves the right to decline a registration to join SupportFinity or to add an Account of any type (i.e., as a Client or Freelancer), for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company. Your privacy is important to SupportFinity and your information will be handled in accordance with our Privacy Policy, which is part of the Terms of Service, and applicable law.
SupportFinity offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the Site and Site Services, you must, and hereby represent that you: (a) are an employee or agent of and authorized to act for and bind an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity); (b) will use the Site and Site Services for business purposes only; (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of Freelancer Services; and (d) are either a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts.
To register for an Account to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, to be shown to the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
As described in this Section, there are a number of different Account types. Once you register for one Account type, you can add the other Account types under the same username and password. For example, if you already have a Freelancer Account (defined below), you can add a Client Account (defined below) as a separate account type in settings without re-registering. You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
You can register for an Account or add an Account type to use the Site and Site Services as a Client (a “Client Account”).
Skilled Person: Is the generic name for all types of accounts for people who deliver services through SupportFinity, an account can be for Freelancer, Full time employee, Part Time employee, Agency or Agency Member
Full Time, Part Time Accounts: You agree to use the website in accordance to the contract signed between you and SupportFinity, terms of Use and Privacy Conditions
Freelancer: You can register for an Account or add an Account type to use the Site and Site Services as a Freelancer (a “Freelancer Account”).
Agency and Agency Member: A specific type of Freelancer Account you can add is an “Agency Account”, the owner of which is referred to as an “Agency”. An Agency Account allows permissions to be granted to Users under the Agency Account which can be given different permissions to act on behalf of the Agency (each, an “Agency Member”).
You acknowledge and agree that the Agency is solely responsible, and assumes all liability, for: (a) the classification of your Agency Members as employees or independent contractors; and (b) paying your Agency Members in accordance with applicable law for work performed on behalf of the Agency for Projects. You further acknowledge and agree that (i) the Agency may determine the Profile visibility and pricing/rate information of any of its Agency Members; and (ii) Agency Members’ Profiles may display work history that includes work done under the Agency Account, including after the Agency Member is no longer an Agency Member.
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team Member or Agency Member, you represent and warrant that: (a) the User is authorized to act on your behalf; and (b) you are fully responsible and liable for the User’s acts and omissions, including for obligations and liabilities relating to making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Site and Site Services. Upon closure of an Account, SupportFinity may close any or all related Accounts.
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on SupportFinity. You authorize SupportFinity, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited. When a verification is successfully completed, Account features will be restored.
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize SupportFinity to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use both or (b) the use would violate the Terms of Service.
SupportFinity is a provider of advanced technology services, SupportFinity invented a special model for its clients that enables them to build and customize teams all online without human intervention
Services are delivered through different type of candidates, called SupportFinity Talents, in some cases SupportFinity Talents are all Freelancers, in others, they are either a mix of Full Time employees or Part Time employees or Freelancers or agents or agents employees or agents freelancers
SupportFinity decides which type of people will be assigned for each client’s request it receives
SupportFinity provides the service to its clients through different types of work modes by SupportFinity People community
In case of working with Freelancers, SupportFinity will suggest a list of Freelancers to our clients for each project, our clients may interview the candidates and select from them.
If a client received the service totally by one or more Freelancers, SupportFinity will not be a party of the relationship between both parties, however, we will provide special services to our clients to help with delivery of the service and to making sure of having the best shape of service delivery
Freelancers are not employees of SupportFinity, and are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); SupportFinity will not have any liability or obligations, including under or related to Services provided to clients; SupportFinity does not impose a deadline for completion of any Freelancer Services;
Freelancer will be paid at such times and amounts as agreed with SupportFinity, this will not be a regular salary or any minimum, regular payment; SupportFinity may provide Freelancers with training or any equipment, labor, tools, or materials related to projects; SupportFinity does not provide the premises at which Freelancers will perform the work.
Without limiting the foregoing paragraph, if you are an Agency or Agency Member, you expressly acknowledge, agree, and understand that: (1) the Agency is solely responsible for paying its Agency Members for work performed on behalf of the Agency and that such payments will not be made through the Site; (2) SupportFinity is not a party to any agreement between the Agency and its Agency Members and does not have any liability or obligations under or related to any such agreement, even if the Agency or Agency Member defaults; (3) neither Agencies nor Agency Members are employees of SupportFinity; (4) SupportFinity does not, in any way, supervise, direct, or control the Agency or Agency Members; (5) SupportFinity does not set Agencies’ or Agency Members’ contract terms amongst themselves, pricing, work hours, work schedules, or location of work; (6) SupportFinity may provide Agencies or Agency Members with training or any equipment, labor, tools, or materials needed for any Service Contract; (7) SupportFinity does not provide the premises at which the Agency or Agency Members will perform the work; and (8) SupportFinity makes no representations as to the reliability, capability, or qualifications of any Agency or Agency Member or the ability or willingness of any Agency to make payments to or fulfill any other obligations to Agency Members, and SupportFinity disclaims any and all liability relating thereto.
In case of delivering a service fully by a team of Full Time or Part Time employees, an agreement is set between SupportFinity and the client, where all parties’ responsibilities explained
We may revise these Terms from time to time in the following circumstances:
changes in how we accept payment from you;
changes in relevant laws and regulatory requirements; or
changes required to reflect additional services that we might offer at a future date or improvements or updates to our business model.
Every time you access or use Services from us, the Terms in force at that time will apply to the Contract between you and us.
The back-office support and CV sourcing services provided by SupportFinity may be used only by Recruitment Agencies or by Direct Employers, for the sole purpose of employment opportunities and career information and for employers seeking to recruit staff. You may use, print and download information provided through our services for these purposes only and for no other personal or commercial purpose.
You agree not to:
Transmit, post, distribute, store or destroy material, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the processing of personal information, or in breach of SupportFinity’s Privacy Policy;
Use the Services for any unlawful purpose or any illegal activity.
Employment Agencies and Employment Business Regulations 2003
Recruiters need to be aware that through our services we do not introduce or supply work-seekers to recruiters (or vice versa). This means that we do not:
Obtain sufficient information for potential recruiters to select a suitable work-seeker for the position which the recruiter seeks to fill;
Obtain confirmation of the identity of a work-seeker or that they have the experience, training, qualifications or authorization to work in the position to be filled or that they wish to undertake the role to be filled;
Take any steps to ensure the work-seeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work-seeker to fulfil the position to be filled;
Take any steps to ensure that it would not be detrimental to the interests of the work-seeker or the recruiter for the work-seeker to fulfil the position to be fulfilled;
Give any indication to recruiters whether work-seekers are unsuitable (or suitable) for any position to be filled in any circumstances;
Make any arrangements for accommodation of work-seekers.
Take any steps to ensure that it would not be detrimental to the interests of the work-seeker or the recruiter for the work-seeker to fulfil the position to be fulfilled;
Take any steps to ensure that it would not be detrimental to the interests of the work-seeker or the recruiter for the work-seeker to fulfil the position to be fulfilled;
The Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations") seek to ensure that work-seekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered work-seekers who have the appropriate levels of experience, training, qualifications and authorization for the position to be filled. Since we through our services do not propose or introduce work-seekers to recruiters or vice versa, it is recommended that, if you are a work-seeker you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a work-seeker's suitability for the role. These could include:
If you are a work-seeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorization which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a work-seeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
If you are a recruiter; checking the identity of the work-seeker and that the work-seeker has the experience, training, qualifications and authorization required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a work-seeker to take up a position.
In addition, where professional qualifications are required or where work-seekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorization, obtain at least two references from people who are not relatives of the work-seeker and undertake a criminal records bureau check of the work-seeker. For more details of how to undertake a criminal records bureau check.
Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.
Our Job description section is intended to be used only for our customers as basic guidelines for the job functions generally, they should not be considered as final or exact to the actual jobs that SupportFinity will provide to its customers
A job description is intended to be a guideline for the whole job, it may contain inaccurate information that do not match specifically other job descriptions with the same titles elsewhere
All job descriptions that we post will in all respects comply with applicable local, national and international laws, including employment laws, equal opportunity and employment eligibility requirements, data protection, data access and use, and intellectual property laws.
SupportFinity will provide potential candidates against the teams with skills our customers chose through SupportFinity’s team builder utility, SupportFinity is not responsible for the accuracy of the CVs which have been created by the candidates.
Your use of our service is at your own responsibility. Changes are periodically made to our services and may be made at any time. SupportFinity cannot guarantee and does not promise any specific results from use of our site or the Services. No advice or information on the site creates any guarantee or warranty not expressly stated in these Terms.
The “Build Your Team” Utility is a proprietary of SupportFinity that should not be replicated partially or fully by any other entity worldwide, replicating this feature partially or fully or any feature included within it will be subjected to Copyrights & infrigmentation law of the United States of America
The “Build Your Team” Utility is used to help our customers customize their outsourced teams through SupportFinity’s website, SupportFinity uses various methods to ensure having the right people for our customers, whether by direct hiring of engineers & experts, and/or through 3rd party business partners worldwide, and/or directly or indirectly working with independent contractors, they will be named as “SupportFinity Talents” in the contract that we sign with our customers (in case of contract signing)
SupportFinity will always do the best to have the right profiles provided to their customers, however, according to availability, the “Build Your Team” Utility might show information about skills or availability that we may not be able to find in our “SupportFinity Talents” database, nevertheless, no agreements will be signed without a full understanding & agreement from our customers about the profiles we share
SupportFinity encourages you to keep a back-up copy of any of your User Content. To the extent permitted by law, SupportFinity shall exclude liability for the deletion, loss, or unauthorized changes to any User Content.
The Service that SupportFinity Talents provide may result a substantial gains or losses in terms of business, data and/or services availabilities to our customers, SupportFinity will not be contractually and/or legally benefiting from such gains, also not responsible for of any kind of losses that might happen during or after the contracts periods
SupportFinity does not warrant that our site or the services or any Services will operate error-free-or free of interruptions or that our site or servers are free of computer viruses.
Nothing in these Terms limits or excludes SupportFinity liability for:
Death or personal injury caused by its negligence;
Fraud or fraudulent misrepresentation; or
Subject to section 7, SupportFinity shall not be liable, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
Loss of profits;
Loss of sales or business;
Loss of agreements or contracts;
Loss of anticipated savings;
Loss of or damage to goodwill;
Loss of use or corruption of software, data or information; or
Any indirect or consequential loss.
Subject to clause 9.1, SupportFinity’s total liability, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement shall be limited to a maximum value of 50% of the contract’s total value.
You agree to defend, indemnify and keep indemnified SupportFinity, its affiliates, people, and their officers, directors, employees and agents and contractors, from and against any losses, liabilities, claims, actions or demands, including without limitation reasonable legal costs arising directly or indirectly, from (i) any User Content or other material you provide or post to our site (ii) your use of our site, the Services or any SupportFinity Content, or (iii) your breach of these Terms. SupportFinity shall provide notice to you promptly of any such claim, or proceeding.
These Terms will remain in full force and effect while you retain our services. SupportFinity Outsourcing reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from our site and immediate termination of your account and ability to access or use our site, upon any breach by you of these Terms or if SupportFinity is unable to verify or authenticate any information relating to you.
The Contract comprises the entire agreement between the parties relating to the subject matter covered and displaces any prior agreements, arrangements, written or oral, between the parties in relation to such matters.
A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) to enforce any terms of the Contract.
Nothing in the Contract shall be deemed to create any kind of joint venture between SupportFinity and any recruiter or other user of our Service.
No failure or delay by either party in exercising any of its rights or remedies under the Contract shall operate as a waiver of those rights or remedies. No waiver shall be actual unless in writing and shall apply only in reference to the matter in respect of which it was specifically given. No waiver of any breach of the Contract is a waiver of any subsequent or other breach.
Neither party shall be responsible for any interruption or non-performance under the Contract caused by any event beyond its reasonable control (a “Force Majeure Event”) provided that the party affected gives prompt notice in writing to the other party of such Force Majeure Event and uses all reasonable endeavors to continue to perform its obligations under the Contract. If the Force Majeure Event continues for more than one month, the party not subject to the Force Majeure Event may terminate the Contract by notice in writing to the other party.
If any provision of the Contract is held to be illegal, void, invalid or unenforceable the legality, validity and enforceability of the remainder of the Contract shall not be affected.
Notifications under the Contract must be in writing and shall only be deemed to have been appropriately obliged if hand delivered, sent by facsimile (provided the transmitting machine reports successful transmission), recorded delivery or email to the contact address of the party.
SupportFinity may transfer our rights and obligations under the Contract to another organization, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
All prices are quoted in our online “Team builder” including taxes. Credit is granted subject to SupportFinity obtaining suitable credit checks. The invoice will be sent to the email address you provide as your accounts payable contact. The invoice will be due for payment in full upon commencement of service unless agreed otherwise. In the event of late payment, SupportFinity Outsourcing may terminate Services and all outstanding invoices will become payable immediately. In the case of contracts greater than one month duration, the fees in respect of the notice period shall also become payable immediately. You, the Customer will remain liable for the payment of services as agreed in the Contract, notwithstanding such services have been suspended or terminated under this clause. In addition interest and fees will be payable on late. If credit is not permitted a prepayment account may be granted, the whole amount of the contract payable in advance of services being provided. You may request a review of this credit arrangement after 6 months from contract start date. SupportFinity Outsourcing reserve the right to periodically review your credit terms.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of the state of Delaware Unites States of America.
The parties irrevocably agree that the courts of Unites States of America shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).