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Take the time to carefully read the following terms and conditions. Your use
of the Shape 5 Hire a Coder program service implies that you have read and
accepted the below terms and conditions.
The Shape 5 Hire a Coder service is a free service for project posting. Any
member of shape5.com, whether free or paid may post projects for free of charge.
Only members with an active developer membership may bid on projects. Shape 5
Hire a Coder functions as a service to allow clients to locate coders for
website programming needs. Shape 5 LLC is not directly involved in the projects
or transactions that users submit. Therefore Shape 5 LLC has no control over the
truth, accuracy, quality, legality, safety, etc. of postings made by users.
MEDIATION
In the event of a dispute that requires mediation or legal action of any kind,
you acknowledge and agree that Shape 5 LLC will not be a party to any such
dispute or mediation. Shape 5 LLC does not offer any form of mediation whether
legal of communicative and is not liable, nor obligated to any liability or to
take action of any kind, for any loss that may come about from any dispute or
project. You (referred to as client or coder) hereby release and discharge Shape
5 LLC from any and all claims and demands arising out of or in connection with
the use of the Shape 5 Hire a Coder service, including without limitation any
and all claims for damages (actual and consequential) of every kind and nature
related to any dispute. Project agreements are encouraged between the coder and
client and are done outside the use of Shape 5 Hire a Coder.
We highly recommend that you be careful and exercise common sense and good
judgment when dealing with any client or coder on the site. If you are
unsatisifed with another member, you may review them and these reviews will show
in their public profile. Shape 5 LLC is not obligated to and offers not
financial mediation for disputes. Shape 5 LLC is not responsible for fraudulent
payments made by users and cannot be held liable for financial loss incurred
from fraudulent transactions. It is the receiver's responsibility to verify the
identity and background of the sender.
ELIGIBILITY REQUIREMENTS
Any member of shape5.com, whether free or paid may post projects for free of
charge. Only members with an active developer membership may bid on projects.
REMOVAL FROM NETWORK
In the event a member breaches or otherwise fails to comply with these terms
Shape 5 reserves the right may terminate the participation of such member in the
Shape 5 Hire a Coder service.
Members in violation of these terms will be immediately deactivated from this
service, but not necessarily the member's Shape 5 club or free membership; Shape
5 reserves the right to make this decision. Shape 5 may deactivate members of
the Shape 5 Hire a Coder service with no prior notification. Members found in
violation of the Terms and Conditions will not receive any access to the Shape 5
Hire a Coder service.
CODER AND CLIENT DELIVERY
Once an auction is completed delivery and payment terms are the full
responsibility of the coder and client. Shape 5 LLC does not offer any mediation
with such terms. Communication of both the coder and client must be made within
one day of the close of the auction. Coding must be delivered within the time
frame of the devlivery date specified on the auction by the client. After coding
is complete the coder agrees to send the entire and complete devliverables for
the client to a location agreed specifed by the client. The client assumes
complete and sole responsibility for timely and adequate testing to determine
whether or not the deliverables are 100% accepted or partially satisfactory. It
is highly recommended that the client does not send any form of payment until
projects are completed. Should any dispute arise between the client and coder,
Shape 5 LLC does not offer any form of mediation whether legal of communicative
and is not liable for any loss that may come about from any dispute or project.
DELIVERY DEADLINE
A deadline for delivery of the deliverables is set in the bid submitted by
client or otherwise stipulated in project description. If the delivery schedule
indicates "due in # of days", then the delivery date is deemed to be the # of
days (24 hours periods) from the time an auction is chosen by the client. Coders
agree to these terms at time of bid submission. The coder agrees to deliver 100%
of agreed upon deliverables to the client on or before the delivery deadline. In
certain cases, delivery deadline might be negotiated via the message system.
COPYRIGHTS
No copyright material can be posted on Shape5.com or any sub-site or service
site of Shape5.com. This includes scripts which are sold by the author. Only
posting sections of these scripts, as examples, will be permitted. A "section"
being no more than 10% of the script's contents. This is meant to protect the
author's rights. Posting copyright'd materials will result in the immediate
suspension of the member's Shape 5 Hire a Coder privlidges.
MODIFICATIONS
Shape 5 LLC reserves the right to change the member terms and conditions at any
time. It is the member's responsibility to review these terms and conditions
periodically for such changes.
OWNERSHIP
Members agree that all information contained in the Shape 5 Hire a Coder website
is the proprietary information of Shape 5 LLC. This information provided by
members to Shape 5 LLC will be kept confidential and will not be distributed to
any third party without legal rights to do so.
BIDDING
Clients can only place bids that equal the total amount of money they are
requesting for their project. Hourly rates or any other type of abnormal bidding
is not accepted. Coders cannot create projects that directly or indirectly
require clients to place hourly or other abnormal bids. Any member of
shape5.com, whether free or paid may post projects for free of charge. Only
members with an active developer membership may bid on projects.
POSTING PROJECTS
Any member of shape5.com, whether free or paid may post projects for free of
charge. Posting text, subject, attachments, descriptions, etc. are to be 100%
accurate and must display the full project at hand. Only members with an active
developer membership may bid on projects.
ADVERTISING
You are prohibited from advertising your website on Shape5.com or any sub-site
or service site of Shape5.com. Any URL posted in a bid, project description, or
the message board, must relate to a project.
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