Terms and Conditions of Use
THESE TERMS AND CONDITIONS (“TERMS”) SET OUT THE TERMS AND CONDITIONS ON WHICH DREAM SERVICES LIMITED (“DREAM”; “WE”; “US”) WITH COMPANY NUMBER 09942105 AND HAVING ITS REGISTERED ADDRESS AT DREAM MANAGEMENT LTD 28 IRISH TOWN, GIBRALTAR, GX11 1AA SHALL OFFER ACCESS TO ITS MOBILE APPLICATIONS AND WEBSITE dream.ac (“WEBSITE”) TO YOU THE USER (“YOU” OR “USER”) AND, AS APPLICABLE, USERS WHO ARE LOOKING TO OFFER PRODUCTS OR SERVICES TO OTHER USERS (“FREELANCERS”), AND USERS SEEKING TO CONNECT WITH FREELANCERS TO OBTAIN SUCH PRODUCTS OR SERVICES (“CLIENTS”).
PLEASE READ THESE TERMS VERY CAREFULLY BEFORE USING THE WEBSITE OR MOBILE APPS. YOU ACKNOWLEDGE THAT BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT CONTINUE WITH YOUR USE OF THE WEBSITE.
The General Conditions under Section A of these Terms shall have general application to everyone who accesses and uses the Website.
Sections B and C shall apply to users of the website who are acting as Clients and Freelancers, respectively, in addition to the provisions under Section A.
IMPORTANT NOTICE: For the actual provision of goods or services listed on this Website by a Freelancer, Clients will enter into a contract directly with the Freelancer. DREAM is not a party to that contract, and Clients and Freelancers will be separately responsible and liable to one another under the terms of that contract. DREAM simply connects Clients and Freelancers through the Website, and connects to an external service to assist with digital currency or fiat currency payment. We provide more information on how we do this below, and the terms and conditions that apply.
SECTION A: GENERAL CONDITIONS
1. INFORMATION ABOUT DREAM AND THE WEBSITE
1.1. The Website is owned and managed, operated and maintained by Dream Management Limited trading as dream.ac.
1.2. DREAM may be contacted at: Dream Management Limited, 28 Irish Town, Gibraltar GX11 1AA.or by email at [email protected].
1.3. The Website is an online marketplace which provides a convenient and innovative means for Clients to connect with Freelancers, and to easily and securely manage the payment process for such services through the external escrow payment system, provided by Escoin. The features and functionality of this marketplace are as set out on the Website and subject to these Terms, but include the following (collectively, “Services”):
1.3.1 Freelancers can create an online profile anywhere in the world to describe them and their business, and offer services (“Profile”) by creating a unique page which is accessible by users of the Website (“Profile”).
1.3.2 Clients can request to purchase these goods or services directly from Freelancers by submitting a gig to a Profile (“Gig”);
1.3.3 Clients can also create and submit jobs; jobs, errands or tasks that they are looking for someone to complete (each, a “Job”). Freelancers can then make proposals whereby they will offer to perform the Job for the Client (“Proposals”). Clients can evaluate and select their favourite Proposal;
1.3.4 The physical products and goods, local or online services provided by Freelancers (whether through an Gig or a Job) are called “Freelancer Services” in these Terms;
1.3.5 A “Booking” for Freelancer Services will be taken to occur when:
(i) for a Job, when a Client selects a Proposal; or
(ii) for an Gig, when a Freelancer accepts a Client’s Gig; and at the time a Booking is made, a contract shall be formed between the Client and the Freelancer to provide the Freelancer Services;
1.3.6 DREAM provides a marketplace facility whereby we will collect crypto currency and also fiat currency payment for Jobs and Gigs from the Client on behalf of the Freelancer. We will release payment to the Freelancer only when they have Completed the Job or Gig as defined and explained in section B3 of these Terms; and
1.3.7 Clients can provide feedback and rate the performance of Freelancers by providing “Stars” and “Smiles” ratings on any Profile; and
1.3.8 For Freelancers, DREAM may offer certain services to assist Freelancers and improve their Profile and Freelancer Service offerings
2. PRELIMINARY INFORMATION
2.1. By using the Website (either as a Freelancer or Client), you warrant that:
2.1.1. you are legally capable of entering into binding contracts;
2.1.2. you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms; and
2.1.3. if an individual, you are at least 18 years old. If you are under the age of 18, you should ask a parent or guardian over the age of 18 to enter into these Terms on your behalf. As a parent or guardian of someone under the age of 18, you are responsible for ensuring that person's use of the Website and/or Services is in accordance with these Terms.
3.1. In gig to access and participate in the Services on the Website you will first be required to register with DREAM by completing the applicable online registration form made available to you on the Website. Please note that registration as a Freelancer may require an additional verification process as set out in Section C of these Terms.
3.2. You hereby warrant that the information you provide to DREAM is true, accurate and correct. You further warrant that you shall promptly notify DREAM in the event of any changes to such information.
3.3. You must keep your registration details for the Website (“Login Details”) confidential and secure. We reserve the right to promptly disable your Login Details and suspend your access to the Services and/or the Website in the event we has any reason to believe that you have breached any of the provisions set out herein.
3.4. You must promptly notify DREAM in the event there is any actual or suspected breach of security or any unauthorised use or attempted use of your Login Details. DREAM may be contacted by email at [email protected].
3.5. You agree that at all times, you shall:
3.5.1. not use your Login Details with the intent of impersonating another person;
3.5.2. not allow any other person to use your Login Details;
3.5.3. not use the information presented on the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
3.5.4. not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
3.5.5. not use the Website, the content therein and/or do anything that will infringe anyone’s intellectual property rights as defined in clause 8 or other rights of any third parties;
3.5.6. comply with all instructions and policies from DREAM from time to time in respect of the Services and the Website;
3.5.7. co-operate with any reasonable security or other checks or requests for information made by DREAM from time to time; and
3.5.8. use the information made available to you on the Website and through the Services at your own risk.
3.6. You may request to cancel your registration with the Website at any time during the registration process. Please be aware that any cancellation of a Booking is subject to the relevant provisions as set out in sections B and C of these Terms.
4. YOUR OBLIGATIONS
4.1. You are solely responsible and liable for all activities on the Website undertaken through or using your Login Details, whether you are a Client or a Freelancer.
4.2. You must comply with all applicable law in respect of your use of the Website and the Services including, without limitation, compliance with all applicable e-commerce directives, buyer protection legislation and data protection and privacy directives.
4.3. Whether you are a Client or Freelancer, you shall not submit to appear on the Website or otherwise through your use of the Services any information, comments, images, third party URL links or other material whatsoever in any format (“User Submissions”), such term to include information, details, descriptions or materials submitted by Freelancers regarding the Freelancer Services (“Freelancer Materials”), that may reasonably be deemed to:
4.3.1. be offensive, illegal, inappropriate or in any way;
4.3.2. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
4.3.3. harass or advocate harassment of another person;
4.3.4. display pornographic or sexually explicit material;
4.3.5. promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
4.3.6. promote any illegal activities;
4.3.7. provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
4.3.8. promote or contain information that you know or believe to be inaccurate, false or misleading;
4.3.9. engage in or promote commercial activities and/or sales not related to the Freelancer Services, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of DREAM; or
4.3.10. infringe any rights of any third party;
and YOU HEREBY INDEMNIFY DREAM FOR ANY BREACH BY YOU OF THIS CLAUSE
4.4. Unless otherwise explicitly stated by us, DREAM does not vet, verify the accuracy, correctness and completeness, edit or modify any User Submissions, Freelancer Materials or any other information, data and materials created, used and/or published by you to determine whether they may result in any liability to any third party. You hereby warrant that you have the rights to use all such information, data and material in the manner set out in these Terms. WE EXPRESSLY EXCLUDE OUR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF OUR SERVICE BY A USER IN CONTRAVENTION OF THIS CLAUSE 4.
4.5. Regardless of clause 4.4 above, you acknowledge that making a User Submission or submitting Freelancer Materials does not guarantee that such User Submission, or any part thereof, shall appear on the Website, whether or not the submission of such User Submission or Freelancer Materials is part of the Services. You agree that DREAM may, at its sole discretion, choose to display any User Submission or Freelancer Material or any part of the same that you make on the Website, or to remove them as we deem necessary or appropriate.
4.6. If you have reason to believe that another User or Freelancer has not followed or complied with their obligations in these Terms, or you have a complaint to make, please e-mail us at: [email protected] or write to: DREAM Services Limited, C/O RODLIFFE ACCOUNTING, 5TH FLOOR (744-750), SALISBURY, FINSBURY CIRCUS, LONDON, ENGLAND, EC2M 5QQ, or by using the "Contact Us" form available on the Website. Please provide full details of the nature of your complaint and the materials to which the complaint relates. We will use our reasonable endeavours to respond to all complaints within a reasonable time and to take reasonable action which we deem appropriate to resolve or rectify the subject matter of such complaints.
4.7. In the event that DREAM, in its sole and absolute discretion, considers that there has been a breach or threatened breach of any of the terms set out in this clause 4, DREAM reserves the right to take any action that it deems to be necessary, including without limitation, temporary suspension, or termination forthwith and without notice of your use of and access to the Services and the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
5.1. You may terminate these Terms by giving DREAM not less than thirty (30) days’ notice in writing. Whether you are a Freelancer or a Client, you will remain liable for fulfilment of any Job, Booking, or sale which has not yet been completed, subject to any cancellation rights expressly provided in sections B or C of these Terms.
5.2. DREAM may terminate these Terms at any time and for any reason whatsoever by giving you not less than fourteen (14) days’ notice in writing, provided any Booking which has not yet been completed, subject to any provisions to the contrary in these Terms.
5.3. Notwithstanding the provisions of this clause 5, these Terms may be terminated by either you or us immediately, on written notice to the other party:
5.3.1. if the other party is in material breach of its contractual obligations and has not remedied such breach within fourteen (14) days after receipt of a written notice of default from the other party. For the avoidance of doubt, and without limitation, breach of any provision under clause 4 is a material breach for these purposes; or
5.3.2. by either party if the other is declared bankrupt, or if a body corporate, has a liquidator, receiver or administrator appointed or enters into any form of arrangement with its creditors, or is otherwise insolvent.
6. EXCLUSION OF WARRANTIES & LIABILITY
6.1. The terms in this clause 6 are in addition to the specific warranty exclusions and liability provisions that apply to Clients and Freelancers in Section B and Section C of these Terms, respectively.
6.2. All warranties, representations, guarantees, conditions and terms, other than those expressly set out in these Terms whether express or implied by statute, common law, trade usage or otherwise and whether written or oral are hereby expressly excluded to the fullest extent permissible by law.
6.3. DREAM shall bear no responsibility or liability for inspecting or verifying any material posted in any Freelancer Material or User Submission. Consequently, DREAM does not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any such User Submission or Freelancer Materials. Commentary and other materials posted on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
6.4. Subject to clause 6.6, liability of which shall remain unlimited, the maximum aggregate liability for DREAM (including its respective agents and sub-contractors) under, arising from or in connection with these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed:
6.4.1. if you are a Freelancer, the total Freelancer Fees (as defined in Section C below) paid by you to us for the particular Booking to which the claim relates; or
6.4.2. if you are a Client or any other user, the higher amount of (i) the total Freelancer Fees (as defined in Section C) received by us in relation to the Booking(s) to which the claim relates, or (ii) $25 (USD) (whichever is greater).
6.5. We shall not be responsible for any:
6.5.1. losses, damages, costs and expenses which were not reasonably foreseeable to be incurred by you and could not have been reasonably foreseeable by you or us on entering these Terms; or
6.5.2. loss of profits, contracts or business, loss of an anticipated outcome or anticipated savings.
6.5.3. loss of crypto currency transferred to your registered wallet address
6.6. We accept and do not limit Our liability to you for the following categories:
6.6.1. death or personal injury;
6.6.2. negligent misrepresentation, fraud or fraudulent misrepresentation;
6.6.3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
7. SUSPENSION AND CHANGES TO TERMS & SERVICES
7.1. DREAM shall be entitled at its own discretion and upon notice to you, to suspend the Services and/or the Website whether wholly or partly for any reason whatsoever including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or non-availability of the Services and/or the Website (whether wholly or partly).
7.2. DREAM reserves the right to make any changes to the Services and/or the Website including any functionalities and content therein or to discontinue a specific feature from time to time subject always that:
7.2.1. DREAM notifies you in writing through a message displayed on the Website; and
7.2.2. such changes have no material adverse effects to you.
7.3. DREAM may update or revise these Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Website, or via your registered email address. Your continued use of the Services and/or the Website (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or revised Terms. If you do not agree with the changes to these Terms, you may terminate your Contract with us in accordance with clause 5.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. DREAM and its licensors own all the intellectual property rights ( “Intellectual Property Rights”) relating to the Services and the Website, save for those that fall under clause 8.3 below. Nothing in these Terms shall serve to transfer from DREAM to any user, Freelancer or Client any of the intellectual property rights in the Website.
8.2. You are expressly prohibited from:
8.2.1. reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website; and
8.2.2. removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of DREAM or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to DREAM.
8.3. All rights, title and interest in any User Submissions and Freelancer Materials shall remain exclusively with the relevant user who posted such User Submission or Freelancer Material.
8.4. You hereby grant DREAM a non-exclusive, perpetual, irrevocable, worldwide licence to make User Submissions and/or Freelancer Materials available on the Website, and to use such User Submissions and/or Freelancer Materials for our promotional and marketing purposes.
8.5. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
9.1 Confidential Information. For the purposes of this Agreement, Confidential Information means information relating to one party which is made available by such party to the other party for the purposes of the Project (Job or Gig) and includes any information, analyses, compilations, notes, studies, memoranda or other documents or software code derived from, containing or reflecting such information but excludes information which:
9.1.1. is publicly available or becomes publicly available (other than as a result of disclosure by the recipient or any other person contrary to the terms of this Agreement); or
9.1.2. was available (as can be demonstrated by the recipient's written records or other reasonable evidence) to the recipient or other person to whom it is furnished hereunder free of any restriction as to its use or disclosure prior to its being so furnished; or
9.1.3. becomes available to the recipient (as can be demonstrated by the recipient’s written records or other reasonable evidence) from a source other than the provider, which source is not bound by any obligation of confidentiality to the provider in relation to such information.
9.1.4. is required to be disclosed, retained or maintained by law or any regulatory or government authority.
9.1.5 is independently developed by the recipient without any use of disclosing party’s confidential information.
9.2 Confidentiality. To the extent a Client or Freelancer provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will:
9.2.1. not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information;
9.2.2. not use or permit the use of another’s Confidential Information, except as necessary for the performance of Freelancer Services (including, without limitation, the storage or transmission of Confidential Information on or through the Website for use by Freelancer);
9.2.3. limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Freelancer Services. A disclosure of information will be immune from prosecution or civil action, if it: (A) is made (i) in confidence to a local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
9.3 Return. If and when Confidential Information is no longer needed for the performance of the Freelancer Services for a Services Contract or at Client’s or Freelancer’s written request (which may be made at any time at Clients or Freelancers sole discretion), the party that received Confidential Information, will, at its expense, promptly destroy or return the disclosing parties Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. The party that received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of disclosing party’s written request for such certification.
9.4 Breach of confidentiality. In the event either Freelancer or Client breaches this section 9 of Confidentiality, DREAM Services Ltd shall not be made liable and the disclosing party shall not take any action against DREAM.
11.1. If DREAM fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations. No waiver by DREAM of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
11.2. Any requirement for written notice to be provided under these Terms may be satisfied by sending the notice by registered post or email to, in the case of DREAM, the postal address or email address as set out in these Terms, or in the case of a Freelancer or Client, to the email address in that Freelancer or Client’s Login Details.
11.3. If any of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
11.4. Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against DREAM and such third parties shall not be entitled to enforce any of these Terms against DREAM.
11.5. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control ( “Force Majeure Event”). We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
11.6. These Terms and any document expressly referred to in them represent the entire agreement between you and DREAM in respect of your use of the Website, and shall supersede any prior agreement, understanding or arrangement between you and DREAM, whether oral or in writing.
11.7. These Terms are governed by and construed in accordance with English law. The Courts of England and Wales shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live somewhere not in England or Wales, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
SECTION B: CLIENTS
This section B shall apply to all Clients who are searching for or looking to obtain Freelancer Services, or assert an interest in Booking or Purchasing Freelancer Services or through the Website.
B.1 FORMATION OF CONTRACT BETWEEN DREAM AND CLIENT
B1. 1 Your Contract with DREAM to provide you with the Services, being the facility to connect you with Freelancers as described in clause 2 of these Terms, shall commence on the date of your registration in accordance with clause 3 of these Terms.
B1.2 Notwithstanding the foregoing, DREAM reserves the right to:
B1.2.1 accept or reject your application as a Client; and/or
B1.2.2 refuse you access to the Services and/or Website (partly or wholly) if you breach any of the provisions of these Terms; or
B1.2.3 disable your Client account if it is inactive for a period of 24 months.
B2. ADDITIONAL CLIENT OBLIGATIONS
B2.1 When submitting a Job, you must ensure the Job contains all information that is reasonably necessary for a Freelancer to fully and accurately respond to the Job, including:
B2.1.1 a description of the Service you are seeking, including without limitation the nature of the work and duties, the location and the duration or likely duration for the work;
B2.1.2 a list of experience, training, qualifications and any authorisation required by the Freelancer in respect of the Job;
B2.1.3 any health and safety risks known to you and the steps which you and the steps which you have taken to either prevent or control such risks; and
B2.1.4 the payment and expenses (if any) you will be paying to the Freelancer.
B2.2 You warrant and represent that the information provided by you pursuant to clause B2.1 and in respect of any Job shall be correct, complete, accurate and up to date.
B2.3 As a Client, you are solely responsible for:
B2.3.1 the management of your search for a Freelancer;
B2.3.2 ascertaining the identity of the Freelancer(s);
B2.3.3 all communication with Freelancer(s);
B2.3.4 ensuring that a Freelancer has the qualification, skills, training and experience required by you, whether or not such details are listed by you on any Job;
B2.3.5 ascertaining specific professional requirements, if any, you may require a Freelancer to possess as set out in a Job;
B2.3.6 ensuring that you have sufficient information in respect of any health and safety risks and procuring a response from the Freelancer regarding how it proposes to deal with such risks;
B2.3.7 verification of all information provided by any Freelancer including without limitation any Freelancer Profile and all supporting Documentation, including to confirm the authenticity of any documentation that may be uploaded to the Website; and
B2.3.8 ensuring that a Freelancer has the right to work in the jurisdiction where the Freelancer Services are to be carried out, when deciding to accept a Proposal or otherwise to place an Gig with a Freelancer found through the Website, and it is your responsibility to carry out whatever enquiries you deem to be necessary.
B2.4 In using the Services, you must:
B2.4.1 not provide information (including in any Job and/or other communication with Freelancers) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts;
B2.4.2 promptly mark a Job or Gig as complete (as defined in section B3 below), and not withhold or delay indicating that a Job or Gig has been completed unless you have reasonable grounds to do so (in which case you must notify DREAM immediately); and
B2.4.3 immediately notify DREAM in the event you have any reason to believe or suspect that a Freelancer or another Client has breached any of its Terms under Section A or that any Freelancer Profile is not genuine, or is false, inaccurate and/or incomplete.
B2.5 You acknowledge and agree that:
B2.5.1 Jobs will be viewable by any users of the Website (including all Freelancers) unless marked as Private by you;
B2.5.2 if you specify a location for a Job, this will be displayed on the Website (but it will be masked so it is only displayed within 600 metres on Google Maps); and
B2.5.3 you can choose to share private information or have a private conversation directly with a specific Freelancer in accordance with the instructions set out on the Website.
B2.6 Other than through the Website, you must not make any direct bookings or arrangements with any Freelancers for the provision of any Freelancer Services, whether in response to any Jobs or any potential Gig from a Profile. This is strictly against the rules of the DREAM community and we may suspend or terminate your access to the Website if we reasonably suspect you have breached clause B2.6. If any Freelancer proposes or suggests you enter into such a direct arrangement with them outside or separately to the Website, you must immediately notify us and co-operate with our reasonable directions.
B3. CLIENT FEES
B3.1 In gig to receive any Freelancer Services, you agree to pay the applicable fees and charges as are set out in the Job description, or communicated to you on the Website by the Freelancer in the Profile, as applicable (“Client Fees”). For any Job, you acknowledge and agree the total fees and charges set by you will be inclusive of DREAM’s fees. We will deduct such DREAM Fees from the amount that is displayed to Freelancers when they view your Job (meaning the amount displayed will be the total amount they will receive if they complete the Job).
B3.2 DREAM will collect the Client Fees from you and hold this amount for payment to us and to the Freelancer in accordance with these Terms. You authorise us to deduct our fees and release the Client Fees to the Freelancer upon Completion of the applicable Freelancers Services, as defined below.
B3.3 By clicking on ‘Select Profile’ on the Job Proposal page, you are asserting your interest in the Freelancer Services in accordance with the Job and the Proposal, OR in the case of an Gig on the Checkout Page by clicking ‘Proceed to Payment’ , the details provided by the Freelancer in their Profile (as applicable).
B3.4 The payment process is as follows:
B3.4.1 For a Job, it is free to submit the Job and to receive Proposals. By selecting a Proposal in accordance with clause B3.3 above, you are making a Booking and will transfer the Client Fees to the crytpo currency address on the Checkout Page, through an e-Wallet, or through a credit/debit card payment when you submit (which we will hold and only release to the Freelancer upon Completion of the Job as per clause B3.5);
B3.4.2 For any Gig, you will transfer funds to the crytpo currency address on the Checkout Page, through an e-Wallet, or through a credit/debit card payment when you submit the Gig. The Booking for the Gig will be made on the acceptance of an Gig by the Freelancer.( We will hold the Client Fees and only deduct our fees and release the balance of the Client Fees to the Freelancer upon Completion of the Gig as per clause B3.5. If the Freelancer does not accept the gig within seven (7) days, the Client Fees will be refunded to you in full (minus any Bitcoin, or other network fees).
You will be sent a confirmation email confirming the details of the Booking and payment. Once a Booking is made, the contract between you and the Freelancer shall commence and be marked on the Website as “In Progress”.
B3.5 We will only deduct our fees and release the Client Fees to the Freelancer once the Job or Gig has been completed. For the purposes of these Terms, “Completion” (and the term “Completed”) shall be taken to occur on the earliest of the following events:
B3.5.1 for a Job or Gig, when you the Client confirm that a Job or Gig has been completed, by clicking ‘Release Payment’ on the Website; or
B3.5.2 for a Job, twenty eight (28) days after the Freelancer 'Requests Payment' and you the Client do not object or otherwise indicate this is incorrect during that time period; or
B3.5.3 for an Gig, twenty eight (28) days after the Freelancer 'Requests Payment' and you the Client do not object or otherwise indicate this is incorrect within that time period; or
B3.5.4 if a Job or Gig is reasonably determined by us to be completed following the conduct of our dispute resolution process, as set out below.
B3.6 Upon Completion as determined above, you authorise us to deduct our fees and release the balance of the Client Fees to the Freelancer without further notice to you.
B4. CLIENT ACKNOWLEDGEMENT AND DISCLAIMER
B4.1 You acknowledge and agree that the Services provided by DREAM are limited to providing you with a facility to attempt to source and connect with Freelancers. When you use the Client Services, DREAM does not guarantee that you will:
B4.1.1 find Freelancers suitable to your specific requirements;
B4.1.2 secure any Proposals, responses or any communication from Freelancers; or
B4.2.3 achieve any specific results whatsoever.
B4.2 DREAM strives to ensure that all its Freelancers are of a high quality. However, DREAM makes no warranties and assumes no responsibility for verifying the credentials, standards or reputation of the Freelancer and you acknowledge and agree that it is the entire responsibility of you, the Client, to carry out whatever enquiries you deem necessary to so verify that any information provided by the Freelancer or listed on the Website (including the Freelancer Materials, Proposals or any information provided or comments made by Freelancers in their communication with you) is true, accurate, complete and up-to-date. In particular, DREAM does not warrant or guarantee:
B4.2.1 the currentness, completeness, correctness and accuracy of any Profile;
B4.2.2 that the Profiles are genuine;
B4.2.3 that any information or documentation made available on a Profile or in a Proposal is authentic, valid, accurate or otherwise complete; or
B4.2.4 the identity of the Freelancers using the Website.
B5. PROBLEMS & DISPUTES
B5.1 DREAM is not responsible in any way for the provision of the Freelancer Services, which are to be provided by the Freelancer on terms and conditions as may be agreed between you and the Freelancer.
B5.2 In the event there is a dispute between you and the Freelancer, or the Freelancer Services are not provided to a satisfactory standard, you agree DREAM is not liable for any loss or damage suffered by you in the course of receiving the Freelancer Services. YOU HEREBY RELEASE AND HOLD HARMLESS DREAM FROM ANY SUCH LOSS OR DAMAGE OR ANY LIABILITY IN RELATION TO SUCH DISPUTE.
B5.3 As part of our attempt to provide a secure and helpful Service, DREAM does provide a facility whereby it offers to assist you to resolve any disputes or issues between you and a Freelancer. This process relates strictly to our role as the intermediary party and our release of the Client Fees. You can read more about this process and our role here. You agree to participate in this process and use your reasonable endeavours to assist us in this process as we may reasonably require. It is preferable for us to assist you to resolve any disputes if all communication and messaging between you and Freelancers is conducted through the Website.
B5.4 You may not raise a dispute regarding any Freelancer Services which you the Client have actively confirmed as Complete in accordance with clause B3.5.1. Any subsequent issues or disputes arising after the date of Completion should be resolved directly with the Freelancer.
B5.5 If our dispute process is initiated by you or the Freelancer and we determine, acting reasonably, that your refusal to indicate or accept that a Job or Gig is Complete is without basis in fact and you cannot provide any satisfactory evidence to support your position, you acknowledge and agree that we may release the Client Fees to the Freelancer. Specifically, please note that we will not consider the fact a Freelancer was up to (but not more than) fifteen minutes late for a scheduled Job or Gig would, of itself, constitute a reasonable basis for refusing to indicate or accept a Job or Gig is complete.
B5.6 YOU SPECIFICALLY ACKNOWLEDGE THAT YOU AND THE FREELANCER BOTH HAVE CERTAIN RIGHTS AND OBLIGATIONS UNDER THE CONTRACT BETWEEN YOU FOR THE PROVISION OF THE FREELANCER SERVICES. NOTHING IN THESE TERMS SHALL BE TAKEN TO PREVENT YOU FROM ENFORCING YOUR RIGHTS DIRECTLY AGAINST THE FREELANCER, OR THE FREELANCER AGAINST YOU. NOR SHALL THE OUTCOME OR DECISION OF OUR DISPUTE PROCESS BE TAKEN TO BE FINAL AND BINDING ON EITHER YOU OR THE FREELANCER IF YOU OR THEY SHOULD WISH TO SEEK FURTHER RECOURSE AGAINST THE OTHER.
B6. CANCELLATION OF JOBS AND GIGS
B6.1 Please note that as a Client, you may have rights at law to cancel a contract with a Freelancer. This is a matter between you and the Freelancer. This section sets out some general information as to how you (or a Freelancer) may each notify one another of a cancellation through the Website.
B6.2 You may cancel a Job at any time prior to making a Booking in respect of that Job. Following a Booking (and payment of the Client Fees to us), you acknowledge and agree that you may not cancel a Job without first obtaining the consent of the Freelancer, as they may have already commenced carrying out the Freelancer Services. Whether they will agree to cancel the Services, and what your rights are at law, is a matter between you and the Freelancer.
B6.3 You acknowledge and agree that a Freelancer may cancel a Job at any time (provided that we will under no circumstances release any payment to them in whole or in part with respect to that Job). Upon such cancellation, you may either:
B6.3.1 reallocate the Job to another Profile by selecting an alternate Proposal, upon which time a new Booking shall be deemed to have been created and a new contract formed between you and the reallocated Freelancer; or
B6.3.2 cancel the Job, at which time DREAM will refund the relevant Client Fees to you within ten (10) days of such cancellation.
B6.4 Once you have made a Booking with respect to any Gig, you may only cancel that Gig by obtaining the consent of the relevant Freelancer, as they may have already commenced carrying out the relevant Freelancer Services. Whether they will agree to cancel the Services, and what your rights are at law, is a matter between you and the Freelancer.
B6.5 You acknowledge and agree that a Freelancer may cancel an Gig at any time (provided that we will under no circumstances release any payment to them in whole or in part with respect to that Gig), and we will refund such monies to you within ten (10) days of such cancellation.
SECTION C: FREELANCERS
This section C shall apply to all Freelancers who register with the Website to provide goods and services through a Profile, or by submitting Proposals for any Jobs.
C1. BASIS OF CONTRACT
C1.1 In consideration of payment of DREAM Fees (as set out below in clause C3) and subject to these Terms, DREAM shall provide the Services to you as a Freelancer.
C1.2 You must apply to us to be registered as a Freelancer. By completing the Freelancer online registration process, you consent to DREAM and its partners conducting verification and security procedures that we deem reasonably necessary based on local law in respect of the information provided by you. Specifically, you consent to us performing AML/KYC background checks before agreeing to permit you to use the Escoin escrow payment system to receive payments.
C1.3 The contract between you as a Freelancer and DREAM shall commence immediately after registration.
C1.4 Notwithstanding the foregoing, DREAM reserves the right to:
C1.4.1 accept or reject your application as a Freelancer;
C1.4.2 request further information from you that may be reasonable necessary for DREAM to determine if you are suitable for a Profile on the Website; and
C1.4.3 refuse you access to the Services and/or Website (partly or wholly) if you breach any of the provisions hereunder; and
C1.4.4 disable your Freelancer account if it is inactive for a period of 24 months
C1.5 DREAM hereby warrants and undertakes that it will provide the Services to you as a Freelancer with all reasonable care and skill in a manner consistent with generally accepted standards (for identical or similar Services) in the industry in which DREAM operates.
C1.6 From time to time, you may request and DREAM may agree to provide certain promotional services for you. These Services will be as described and set out on the Website and subject at all times to these Terms.
C2. YOUR FREELANCER SERVICES
C2.1 The contract between you and the Client for the provision of Freelancer Services in accordance with any Booking (whether for a Job or an Gig) shall commence on receipt by DREAM of payment of the relevant Client Fees (as defined in clause C3) by the Client. We will notify you upon receipt of such payment.
C2.2 You hereby represent and agree you will provide the Freelancer Services to the Client in the manner described in the Job and Proposal, or on your Profile (for any Gig). The Freelancer Services must be delivered by you as agreed between you and the Client. Specifically, where you have agreed a booking slot with the Client, the Freelancer Services must be completed during the agreed time. If a time period is not specified or agreed, you must deliver the services within a period of fourteen days from the commencement of the contract in accordance with clause C2.1 above. Products and goods must be despatched within seven days, unless otherwise agreed with the Client. Any foreseen shipping delays must be communicated to the client.
C2.3 You warrant that you personally are the provider of the Freelancer Services you have advertised or offered on the Website. Only you, the Freelancer, may carry out the Freelancer Services and you may not subcontract, assign, delegate or otherwise transfer any rights or obligations under these Terms.
C2.4 As a Freelancer, you must:
C2.4.1 provide all information reasonably requested by DREAM to set up your Profile, including but not limited to your contact details (including your mobile number for SMS purposes), a personal photo, a reference and identification;
C2.4.2 provide proof of your identity, your qualifications, skills, training and experience
C2.4.3 ensure you are appropriately qualified to carry out the Freelancer Services, including but not limited to obtaining and maintaining any industry or other professional qualification or certification that is required by law or regulation, or otherwise applicable to, the Freelancer Services.
C2.4.4 exercise caution and take care not to breach the provisions in your existing employment contract or any other contractual obligations you may have when you apply for a Job or accept an Gig;
C2.4.5 provide Clients with your terms and conditions applicable to the provision of your Freelancer Services (including information on returns and delivery if applicable), which terms and conditions must (i) be consistent with and not seek to override or replace these Terms, and (ii) comply in all respects with all relevant buyer laws;
C2.4.6 at all times keep all information including without limitation, communication and correspondences between you and the Clients and all information relating to Clients and the Job process, secure and confidential; and
C2.4.7 immediately notify DREAM in the event you have any reason to believe or suspect that a Client has breached any of its Terms or that any of the Jobs posted by a Client are not genuine, false, inaccurate and/or incomplete.
C2.5 By choosing to advertise your Freelancer Services on the Website, further to the general obligations on you as a User under section A of these Terms, you agree that all Freelancer Material and any other information submitted by you regarding the Freelancer Services or you the Freelancer, including but not limited to information provided to Clients directly, shall:
C2.5.1 be accurate, correct and up-to-date;
C2.5.2 be provided with all reasonable care and skill in a manner consistent with generally accepted standards in the industry in which you the Freelancer operate;
C2.5.3 not breach any applicable legal, statutory or regulatory requirement;
C2.5.4 not be misleading, deceptive or in any way contravene any and all applicable buyer, e-commerce and data protection legislation; and
C2.5.5 not be obscene, defamatory or be in the reasonable view of DREAM deemed to be offensive and/or inappropriate.
C2.6 You may not offer, advertise, sell or otherwise provide any services or goods to any Client through the Website or the Freelancer Services that are prohibited, age-restricted in any way, dangerous, offensive, are in breach of the restrictions set out in Section A, clause 4.3 of these Terms relating to Freelancer Materials, or are otherwise contrary to the guidelines on the Website or directions provided by DREAM from time to time at its sole discretion.
C2.7 DREAM may, at its sole and absolute discretion, request that you amend or alter the contents of your Profile, and/or remove your Profile from the Website and terminate your Freelancer account upon notice to you, if:
C2.7.1 we reasonably consider that your Profile, the delivery of Freelancer Services by you or any other activities by you in connection with the Website contravenes or otherwise breaches your obligations under these Terms;
C7.2.2 your Profile contains spelling, grammatical or punctuation errors or is otherwise poorly presented; or
C2.7.3 your Profile or the delivery of Freelancer Services by you does not meet the standards that DREAM requires of its Freelancers or is contrary to the friendly community environment DREAM seeks to provide for global users of the Website, as determined by DREAM at its absolute discretion; or
C2.7.4 your Profile links directly to external websites that are not hosted by DREAM Services Ltd or contains contact details not limited to email addresses and telephone numbers.
C3.1 DREAM’s fees to provide the Services to you shall be as set out on the Website from time to time, and shall be due and payable in accordance with this clause C3. In gig to receive any payments from DREAM through the Website, you must first add your crytpo currency wallet address or back details to the 'Payments' section under 'Account Settings' on the Website. We may verify your account details using a third party service, but you are responsible at all times for ensuring these details are correct and checking you have received payments.
C3.2 Regarding any Bookings, DREAM shall:
C3.2.1 collect the Client Fees from the Client at the time a Booking is made;
C3.2.2 hold such Client Fees until such time as the Job or Gig is deemed to be Complete in accordance with clause B3 of these Terms;
C3.2.3 upon Completion of any Job or Gig, we will deduct the DREAM Fees from the balance of the Client Fees (and you authorise us to so deduct our DREAM Fees prior to payment to you); and
C3.2.4 subject to clause C3.3, we will release the remaining amount, being the “Booking Fee”, to your nominated account within seven (7) days of Completion.
C3.3 DREAM may suspend or stop any payments to you under these Terms in the event that DREAM or any of its partners or regulators, acting reasonably, suspects or otherwise has reason to believe you have not complied with these Terms or there is any other suspicious activity undertaken through your Profile or with your Login Details, until such time as DREAM is of the reasonable view no such activity has occurred.
C3.4 UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR FAILURE TO PAY ANY BOOKING FEE TO YOU UNLESS AND UNTIL COMPLETION HAS OCCURRED AS DEFINED IN THESE TERMS. WE ARE ALSO NOT LIABLE FOR ANY ERRORS OR FAULTS IN THE ACCOUNT DETAILS OR WALLET ADDRESSES SUBMITTED BY YOU. YOU HEREBY RELEASE AND HOLD HARMLESS DREAM FROM ANY LOSS OR DAMAGE SUFFERED BY YOU DUE TO THE CLIENT REFUSING TO AGREE THAT THE JOB OR GIG HAS BEEN COMPLETED. For the avoidance of doubt, nothing in these Terms shall operate to prevent you, the Freelancer, from pursuing any payment or otherwise commencing legal proceedings directly against a Client for any such loss or damage.
C3.5 You the Freelancer are responsible for all taxes and other government fees and charges that may be applicable to your use of the Services and performance of the Freelancer Services, including but not limited to all VAT that may be payable with respect to the Freelancer Services. Our relationship with you the Freelancer is not an employer-employee relationship. We shall not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of the Services or provision of the Freelancer Services. If your business is VAT registered you are required to issue VAT invoices for the provisioning of Freelancer Services upon request by the Client. DREAM does not issue VAT invoices on your behalf.
C4. ADDITIONAL ACKNOWLEDGEMENTS, WARRANTIES & INDEMNITY
C4.1 DREAM does not warrant, represent or guarantee the quality and suitability of the Clients, or that through the delivery of the Services you will:
C4.1.1 be successful on any Proposals through the Website;
C4.1.2 obtain any Gigs from Clients; or
C4.1.3 achieve any specific results whatsoever.
C4.2 You further agree that DREAM does not vet or verify the identity of the Clients or Jobs posted on the Website. Consequently, DREAM does not warrant or guarantee:
C4.2.1 the currentness, completeness, correctness and accuracy of the Jobs posted on the Website by any Client;
C4.2.2 that the Jobs are genuine;
C4.2.3 the manner in which Clients will evaluate and select Proposals;
C4.2.4 the identity of the Clients using the Website.
C4.3 You are solely responsible for the use of the Service and the management of the application process for any Job. You are also responsible for:
C4.3.1 ascertaining the identity of the Client(s);
C4.3.2 verifying the information on any Client Profile or Job;
C4.3.3 procuring from the Client(s) all information reasonably required by you to determine your suitability for any Job; prior to placing a Proposal and/or entering into a Booking with a Client.
C4.4 You agree and acknowledge that Clients are entitled to assign ratings and reviews to your Profile to indicate your suitability for providing Freelancer Services, and we will make such ratings available to all users of the Website. We do not control or otherwise contribute to such ratings or reviews. In addition, DREAM will award Profile points for specific jobs and actions, which will contribute towards higher rankings and increased promotions on our site.
C4.5 YOU FURTHER ACKNOWLEDGE THAT DREAM HAS NO CONTROL OF AND THEREFORE HAS NO LIABILITY WHATSOEVER IN RESPECT OF THE BEHAVIOUR, RESPONSE, CONDUCT AND QUALITY OF THE CLIENTS OR ANY JOB ADVERTISED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONDUCT OF CLIENTS UNDER ANY CONTRACT OR WITH RESPECT TO ANY BOOKING. SPECIFICALLY, WE DO NOT CONTROL THE COMPLETION OF A JOB OR GIG BY THE CLIENT OR ANY OBJECTION TO COMPLETION THEY MAY RAISE.
C4.6 DREAM PROVIDES THE SERVICES SOLELY TO CONNECT YOU, THE FREELANCER, WITH CLIENTS WHO MAY BE SEEKING TO OBTAIN SERVICES FROM YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL COMMUNICATION WITH, AND ANY SUBSEQUENT DEALINGS WITH, CLIENTS (INCLUDING BUT NOT LIMITED TO THE TERMS UPON WHICH YOU SUPPLY ANY SERVICES TO CLIENTS). YOU, THE FREELANCER, HEREBY INDEMNIFY DREAM IN FULL AND ON DEMAND AGAINST ALL LOSSES, DAMAGES, COSTS, CLAIMS AND EXPENSES ARISING OUT OF OR IN CONNECTION WITH ANY OF YOUR DEALINGS WITH, OR GOODS OR SERVICES PROVIDED TO, CLIENTS.
C5.1 You acknowledge that DREAM provides a service that is dependent on initial, continuing and repeat business. You agree that you shall not make any direct bookings or arrangements with any Clients for the provision of any Freelancer Services, whether in response to any Jobs or enquiries you receive regarding Gigs. At all times you shall direct Clients to the Website for any and all Bookings. Circumvention of DREAM for payments may result in account closure and proportionate legal action.
C5.2 You acknowledge and agree that DREAM may monitor records, communications and other information it retains relating to Bookings and otherwise input or contributed to the Website by you to ensure compliance with these Terms and this clause C5.
C5.3 You further acknowledge and agree that DREAM may, at its sole discretion, remove your Profile from the Website and/or terminate these Terms where it reasonably considers that you have failed to comply with clause C5.
C6.1 As part of our attempt to provide a secure and helpful Service, DREAM does provide a service whereby it offers to help you resolve any disputes or issues between you and Client. This process relates strictly to our role as the intermediary party and our release of the Client Fees. You can read more about this process and our role here. You agree to participate in this process and use your reasonable endeavours to assist us in this process as we may reasonably require. It is preferable for us to assist you to resolve any disputes if all communication and messaging between you and the Client is conducted through the Website.
C6.2 In the event there is a dispute between you and the Client, or the Client refuses to agree to Completion, you may raise a dispute with us. We will investigate the dispute and we may request further information from you and the Client. Following our consideration of the dispute, we will proceed as follows:
C6.2.1 if we determine in our sole discretion that the Client’s refusal to indicate or accept that a Job or Gig is Complete is without basis in fact and the Client can not provide any satisfactory evidence to support their refusal, we may deem the Job or Gig as Complete and release the Client Fees to you; or
C6.2.2 if we can not determine in our sole discretion that the Job or Gig should be regarded as Complete, or we are in any way unable to properly investigate or evaluate the dispute to form a clear view of the facts and the situation, we will refund the Client Fees to the Client.
C6.3 YOU ACKNOWLEDGE THAT YOU AND THE CLIENT BOTH HAVE CERTAIN RIGHTS AND OBLIGATIONS UNDER THE CONTRACT BETWEEN YOU FOR THE PERFORMANCE OF THE FREELANCER SERVICES. NOTHING IN THESE TERMS SHALL BE TAKEN TO PREVENT YOU FROM ENFORCING YOUR RIGHTS DIRECTLY AGAINST THE CLIENT, OR THE CLIENT AGAINST YOU. NOR SHALL THE OUTCOME OR DECISION OF OUR DISPUTE PROCESS BE TAKEN TO BE FINAL AND BINDING ON EITHER YOU OR THE CLIENT IF YOU OR THEY SHOULD WISH TO SEEK FURTHER RECOURSE AGAINST THE OTHER.
C7.1 You may withdraw a Proposal at any time, provided that you can not re-submit another Proposal for the same Job.
C7.2 If you the Freelancer cancel a Booking, you forfeit any entitlement to receive the Client Fees in whole or in part unless otherwise agreed in writing by the Client.
C7.3 In the event you cancel any Booking, you must notify DREAM and the Client through the Website immediately.
C7.4 You acknowledge and agree that Clients have the cancellation rights set out in clause B6 of these Terms. You further agree that in exercising any approval rights with respect to Client requests to cancel any Job or Gig, you must at all times comply with any applicable laws and regulations with respect to such cancellation requests including but not limited to buyer protection laws and regulations, which may provide for specific cooling-off periods and rights to cancel.