Terms & Conditions

Terms & Conditions

By using our site, they indicate that they accept these terms and conditions, and the referenced policies, and that they agree to abide by them.

1. The trickster sheet                                                                                           

  • BES operates a platform linking Freelance independent contractors to users. Services are offered on BES through either Profiles, which are fixed price services; or Custom Jobs, which may be fixed price, price Per Project or price per item. Services delivered in these ways on BES are collectively referred to in these terms as “Jobs”. Whether or not a Job is offered and/or accepted is entirely at the discretion of the Freelance Independent Contractor/User. BES has no control over this process. Services are provided by Freelance Independent Contractors directly to Users, who determine the deliverables, price and all other requirements and terms of the contract. BES shall not be liable for any loss arising from the transaction between the User and the Freelance Independent Contractors.
  • Upon the confirmation of the commencement of a Job, the User shall pay the monetary consideration which shall be due and payable to the Freelance Independent Contractor upon the confirmation by the User of satisfactory completion of the Job into the Escrow Account which shall be stipulated by the parties.
  • The User shall prior to the commencement of the job, confirm their requirements and any milestones or timelines relating to the job in the WorkStream.
  • The Freelance Independent Contractor shall provide regular progress updates and respond within 1 (One) working day to all messages from the User, in the WorkStream.
  • The Freelance Independent Contractors shall deliver work within the delivery period either defined in their Profile, or for Custom Jobs, the period agreed with the User at the commencement of the job in the WorkStream. Freelance Independent Contractors' rankings may be penalized for late delivery of jobs.
  • Freelance Independent Contractors covenant to fulfill their Jobs and the Users agree to pay for work delivered. Users will be penalized for cancellations or refunds caused by their acts or omissions, without reason. Freelance Independent Contractors shall provide, and be provided with reasonable the opportunity by the User to provide, at least 2 (Two) further iterations on the job to be delivered if the User is not satisfied by the initial product.
  • Once the Job has been completed, the Freelance Independent Contractor will issue a request to receive payment by clicking on the appropriate button on the website, thus triggering the release of funds held in the Escrow Account. Freelance Independent Contractors shall not request payment prior to the commencement of the project before work has been completed. Users shall pay the consideration within the 3 (Three) days of confirmation of the completion of the job, subject to any alternative payment terms expressly agreed between the parties in writing.
  • All payments for work completed shall be made through the BES Escrow Account, unless BES has given its express written permission for any sums to be paid otherwise in relation to a specific payment or invoice; attempts to pay outside of the BES escrow may lead to sanctions not limited to immediate account suspension. Users shall immediately report to BES any offers to pay outside of BES made by their User or Freelance Independent Contractor.
  • Once payment has been made, Users shall be granted all rights relating to the delivered work, subject to any overriding rights accruing to any 3rd party.
  • For purposes of service messages, notices, offers and news about BES, Users may receive alerts on certain pages and emails to the email addresses associated with their accounts. Users may easily unsubscribe from any email notification using an unsubscribe link which may be found at the bottom of any email as well as identifying and clicking the relevant link on their Settings page.

2. User accounts

  • To use BES, Users shall register for an account, provide accurate and complete information, and keep their account information updated in the event of any changes to the earlier inputed information. Both Users and Freelance Independent Contractors shall undergo the same account registration process.
  • Each account shall be a personal account, however Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated).
  • Users shall not register for more than one account.
  • The information that Users supply in the public profile of their account shall comply with BES requirements
  • BES reserves the right to restrict their access, temporarily or indefinitely block their account, stop any Jobs they have in progress, warn other Users and Freelance Independent Contractors of their actions or issue they a warning if:
  1. They breach the letter or essence of these terms and conditions or the referenced policies;
  2. We are unable to verify or authenticate any information they provide to us;
  3. We believe that their actions may cause any loss or liability to our Users or to us
  • Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking or if someone steals their password when they have taken reasonable steps to keep it secure). Users may never use another person's user account or registration information for the Website.

They confirm that they are not economically barred/limited under sanctions rules of any country worldwide. If their circumstances change to be included in such lists, please cease using BES immediately.

Pursuant to UK AML regulation, BES is unable to support users from North Korea, Iran, Syria, Cuba, Sudan (Republic of Sudan or North Sudan), South Sudan (Republic of South Sudan) and Region of Crimea.

3. Job delivery

3.1 Profiles

  • On purchase of a Profile the User's funds will be held in the Escrow Account.
  • The User will then need to provide their requirements (as specified in the Profiles description page) in the WorkStream so that the Freelance Independent Contractor can get started.
  • Once the requirements are provided in the WorkStream by the User, the Freelance Independent Contractor shall:
    1. Respond in the WorkStream within 1 (One) working day to confirm work has started otherwise the User may request and will be entitled to a refund in accordance with Section 6;
    2. Provide regular progress updates in the WorkStream and respond within one (1) working day to all messages from the User;
    3. Complete the Job within the delivery timescales indicated in their Profile description including handover of all deliverables in the WorkStream. Failing to deliver within those timescales may mean the User requests and is entitled to a refund in accordance with Section 6;
    4. Late or non-delivery will negatively affect the Freelance Independent Contractor's rankings on BES.
  • All direct communication between User and Freelance Independent Contractor shall be forwarded through the WorkStream to keep both parties protected in case of a Dispute.
  • Once the Profile has been completed the Freelance Independent Contractor will raise an invoice and:
    1. The User is then able to leave feedback for the Freelance Independent Contractor, upon which the funds held in the Escrow Account will be automatically released to the Freelance Independent Contractor as payment;

 

  1. Alternatively, if the User is not satisfied with the deliverables they can reject the invoice and provide the Freelance Independent Contractor with detailed feedback on what work remains outstanding. The Freelance Independent Contractor shall provide, and be given the chance to provide, at least two revisions of the deliverables based on detailed feedback from the User;
  2. if the User does not either i) leave feedback for the Freelance Independent Contractor, nor ii) reject the invoice, the funds held in the Escrow Account will be automatically released on their behalf to the Freelance Independent Contractor as payment after seven (7) days.

 

  1. if the funds held in the Escrow Account are released to the Freelance Independent Contractor in accordance with a) or c) above, BES and the Freelance Independent Contractor will be entitled to assume that the User is satisfied with the Job and does not have a dispute of any kind in relation to the Job. The User agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.

3.2 Custom Jobs

  • The Freelance Independent Contractor's payment for Custom Jobs shall either be agreed as fixed price, price per item or as a Per Project rate Job:
    1. For a Per Project rate Custom Job the User agrees to pay the Freelance Independent Contractor based on the time spent, not on the real or perceived quality of any deliverables provided. The Freelance Independent Contractor shall provide the User, on request, with a breakdown of their billed hours as evidence;

 

  1. For a fixed priced Custom Job the User agrees to pay the Freelance Independent Contractor based on deliverables. The parties should agree prior to the commencement of the project in the WorkStream whether to divide the project into milestones, with associated milestone payments. If milestones have not been agreed then the Custom Job will only be invoiced on full completion of all deliverables.

 

 

  1. For price per item Custom Jobs the User agrees to pay the Freelance Independent Contractor for all items delivered.

 

  • On acceptance of a Proposal the User will deposit the agreed consideration into the Escrow Account.
  • The User shall then provide their detailed requirements in the WorkStream so that the Freelance Independent Contractor can commence work on the project. These requirements should include, but not be limited to:
    1. Timeframe for delivery of the Job or milestones;
    2. Description of any subjective elements of the Job like aesthetics providing similar examples;
    3. Breakdown of all expected deliverables;
    4. Any other expectations for the work.
  • Once requirements have been received from the User, the Freelance Independent Contractor shall:
    1. Respond in the WorkStream within one (1) working day to confirm commencement of work. Failing to respond within one (1) working day may mean the User requests have not been attended to and the User will be entitled to a refund in accordance with Section 6;
    2. Provide regular progress updates in the WorkStream and respond within one (1) working day from the receipt of all WorkStream messages from the User;
    3. Complete the Job, including handover of all deliverables in the WorkStream, within the delivery period and milestones agreed with the User,
  • If missing a previously agreed deadline is unavoidable then the Freelance Independent Contractor shall inform the User immediately in the WorkStream and provide a revised delivery date.
  • Failing to deliver the work within agreed timescales, or repeatedly revising previously agreed deadlines, may entitle the User to request a cancellation of the Custom Job and be entitled to a refund of any funds deposited in the Escrow Account.
  • Late or non-delivery of a Job will negatively affect the Freelance Independent Contractor's rankings on BES.
  • All direct communication between User and Freelance Independent Contractor should go via the WorkStream to keep both parties protected in case of a Dispute.
  • When the Custom Job is completed (or an agreed milestone has been reached) the Freelance Independent Contractor will raise an Invoice:

a) The fees charged in the Invoice should be such as has been explicitly agreed prior to the commencement of the project in the Proposal. If project requirements or scope changes materially during a Custom Job the Freelance Independent Contractor may need to propose a change to a previously agreed price. This shall be explicitly agreed in the WorkStream before any extra work is undertaken so that the User can confirm whether they wish to proceed with the additional scope for the extra cost;

b) The User shall pay the Invoice within Seven (7) days of the Invoice being raised;

c) Alternatively, if the User does not agree that the Job has been completed then the User can reject the Invoice. The User shall then provide the Freelance Independent Contractor with detailed feedback in the WorkStream on what work remains outstanding. The Freelance Independent Contractor shall provide, and be given the chance to provide, at least two iterations of the deliverables based on detailed feedback from the User;

d) if the User does not either i) pay the Invoice or ii) reject the Invoice within such seven (7) day period BES will provide assistance to the Freelance Independent Contractor to receive any due and outstanding payment and may temporarily or permanently restrict the User's account until the outstanding payment is forwarded by the user. If the Invoice remains unpaid after fifteen (15) days a final 24-hour notification will be issued to the User. If after 24 hours the User has not responded to this notification the funds in the Escrow Account, up to the unpaid Invoice amount, will be released to the Freelance Independent Contractor's BES Account. If the Escrow funds are not sufficient to cover the unpaid Invoice amount in full, the User’s BES Account funds and the credit card or other previously used payment method by the User may be used to cover the remainder. In agreement with our Privacy Policy BES may provide personal data of the User to the Freelance Independent Contractor if the Freelance Independent Contractor confirms that they intend to issue proceedings or pursue legal action against the User.

e) if the User pays the invoice or funds are utilized in accordance with d) above, BES and the Freelance Independent Contractor will be entitled to assume that the User is satisfied with the Job and does not have a dispute of any kind in relation to the Job. The User agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or interswitch.

3.3 Per Project Contracts

The Freelance Independent Contractor's payment for project Per Project is set at a Per Project rate, using the project rate as stated on the Freelance Independent Contractor’s profile at the time of the Project setup. The User agrees to pay the Freelance Independent Contractor based on the time spent, not on the real or perceived quality of any deliverables provided. The Freelance Independent Contractor agrees to use the BES Time Tracker App and track the time they spend working on the Job which gives the User access to the breakdown of the Freelance Independent Contractor’s billable.

On acceptance of a Project Proposal and on hire request, the User shall place a valid payment method on file and gives authorization to BES to charge it repeatedly per BES’s Terms and Conditions.

Every seven (7) days an invoice will be automatically raised by the system on behalf of the Freelance Independent Contractor according to the number of hours tracked by the Freelance Independent Contractor during the last Seven (7) days and the project rate of the Project Contract.

Upon an invoice being raised:

  1. The User can pay the Invoice manually within Three (3) days of the Invoice being raised.
  2. If not paid manually by the User within Three (3) days, the invoice will be automatically paid by the system charging one of the payment methods of the User on file at any time.
  3. The User can reject the invoice within Three (3) days of the Invoice being raised only if copies of the Freelance Independent Contractor’s report sre taken from the BES Time Tracker Application to prove that the Freelance Independent Contractor was not working on the User’s Job during the time tracked.

3.3.1 Protection for Freelance Independent Contractors

In the rare event that a User refuses payment for legitimate services performed by a Freelance Independent Contractor, BES will provide limited payment protection to the Freelance Independent Contractor as mentioned below (“Per Project Payment Protection”). Per Project Payment Protection will be provided only if all of the following criteria are met:  why?

  1. Freelance Independent Contractor shall have used the BES Time Tracker App to track the time within which the project is to be concluded.
  2. User shall hold and maintain an Account in good standing and at least one valid and authenticated Payment Method, and the User shall agree to automatically pay for hours billed by the Freelance Independent Contractor.
  3. Freelance Independent Contractor’s Account shall be expected to remain in good standing at all times.
  4. Digital or hard copy Printouts of the Freelance Independent Contractor’s dashboard obtained from the BES Time Tracker App shall be clearly related to the applicable Job requirements or User instructions in the WorkStream.
  5. The number of hours billed shall not exceed the weekly limit of hours as defined in the Per Project Contract.
  6. If the invoice is rejected within Ten (10) days after the invoice is raised, the Freelance Independent Contractor shall submit a Dispute specifically identifying the details of the work that should be paid for. If the invoice is not rejected and not paid within Ten (10) days after invoice raise, the Freelance Independent Contractor shall contact BES User Support identifying the details of the work for which they desire to be compensated.

Per project Payment Protection is available with a maximum rate Per Project protected by BES to Freelance Independent Contractor the lesser of

  1. The rate defined in the Per Project Contract terms;
  2. The usual Per Project rate billed by Freelance Independent Contractor on the Site across all Users; and
  3. The going rate for the same skills on the Site in Freelance Independent Contractor’s area (such determination to be made in BES’s sole discretion).

The maximum amount of coverage under the Per Project Payment Protection for Freelance Independent Contractors for the existence of a relationship between the same User and Freelance Independent Contractor is £1,500 or 50 tracked hours via the BES Time Tracker App, whichever is less.

3.3.2 Protection for Users

BES will adjust the invoice to User for work that is not clearly related to either the Job requirements or User instructions in the Workstream and within the hours authorized for the week, subject to and conditioned on the following terms:

  1. Freelance Independent Contractor shall have used the BES Time Tracker App to track the time.
  2. User shall have an Account in good standing and at least one valid and authenticated payment method, and User shall agree to automatically pay for hours billed by the Freelance Independent Contractor.
  3. Freelance Independent Contractor’s Account shall be in good standing.
  4. The User rejects the invoice within three (3) days of the Invoice being raised identifying the time billed and printouts or digital copies of the Freelance Independent Contractor’s dashboard that are not clearly related to either the Job requirements or User instructions in the WorkStream.

3.4 Quality

All Freelance Independent Contractors on BES shall strive to deliver a high standard of work, appropriately meeting their User's needs.

Specifically, Freelance Independent Contractors shall ensure that all deliverables provided in a Job:

  1. Are error free;
  2. Fully address each of the User's defined requirements;
  3. Are of a standard consistent with the level of expertise indicated in the Freelance Independent Contractor's profile and Profile or Proposal for Custom Jobs; and
  4. Are a complete set of deliverables as defined in the Profile description or as agreed in the WorkStream as part of the requirements for Custom Jobs.

3.5 The heavy but important bits:

  • The User and Freelance Independent Contractor shall decide on the type of Job, hourly, custom or fixed price. They shall determine the terms and conditions of the Job, including deliverables, price and any specific requirements, directly between them. The User and Freelance Independent Contractor shall create a direct service contract ('the Service Contract') between themselves and BES shall neither be a party to, or have any criminal, civil or contractual liability with respect to that contract.
  • Subject to this being varied as part of the Service Contract, ownership in and to any materials and or deliverables arising from a Job and any intellectual property rights therein, will be assigned to the User upon successful payment for the Job. If the User and Freelance Independent Contractor wish to include any special terms of the contract (for example, in relation to the ownership of the work produced, ownership of intellectual property rights or special rights of termination), the User and Freelance Independent Contractor should negotiate and document these terms in the WorkStream.
  • Subject to variation in the Service Contract, the terms and conditions of each Job shall be deemed to incorporate a term that in consideration of the fee paid for the Job the Freelance Independent Contractor thereby assigns to the User absolutely with full title guarantee the following rights throughout the world:

a) The entire copyright and all other rights in the nature of copyright subsisting in the Job;

b) Any database right subsisting in the Job; and

c) All other rights in the Job of whatever nature, whether now known or created in the future, to which the Freelance Independent Contractor is now, or at any time after the date of Beginning of the Job may be, entitled by virtue of the laws in force in the United Kingdom and in any other part of the world,

in each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of Beginning of the Job.

  • The Parties covenants that:

a) They are able to pay for the services if they are a User and perform the services if they are a Freelance Independent Contractor;

b) They are not in breach of any applicable laws, rules or regulations or obligations to any other person;

c) They have made and will make all required legal and tax filings. If relevant, they will file all necessary legal documentation relating to their self-employment required by any governmental body, and pay all applicable taxes including without limitation PAYE or other income tax and national insurance;

d) They shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, Job, or Proposal on or through the services BES provide, including without limitation any User Content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.

4. Payments

  • Payments shall be forwarded as described in Section 3, for a Job agreed by the User as successfully completed. The payment terms are seven (7) days except for Per Project Contracts which is three (3) days.
  • The Freelance Independent Contractor shall not request a release of funds from the Escrow Account prior to Job completion; the purpose of funds being held in the Escrow Account is to provide the Freelance Independent Contractor with the security needed for them to undertake the work. In the event of the occurrence thereof, Users shall report such cases immediately. In such cases the Freelance Independent Contractor's account may be temporarily or permanently suspended.
  • Regular payments may be made utilizing the Automatic Pay feature or Per Project Contracts. BES provides this facility solely to simplify the payment process. Use of this facility does not alter the nature of the relationship between BES and its Users or between Users and Freelance Independent Contractors.
  • All payments between User and Freelance Independent Contractor shall be processed through BES as described in Section 3, both for work sourced on BES and for any follow on work between the User and Freelance Independent Contractor, either for the same Job or another Job. A Freelance Independent Contractor may seek express written permission from BES to allow payment by alternative means for a specific invoice or payment if the Freelance Independent Contractor intends to issue proceedings or pursue legal action against the User.
  • Payment (or attempt thereof) outside of BES shall be perceived as a breach of these terms and conditions unless the prior express written consent of BES has been obtained. Such payment (or attempt thereof) will lead to temporary and/ or permanent suspension of the User and/ or Freelance Independent Contractor's account. The Freelance Independent Contractor will be liable for any loss of business and legal expenses that BES may incur in recovering it. BES reserves the right to sanction funds held in the Freelance Independent Contractor's Account in order to recover lost fees. Moreover, BES will not mediate any Disputes or be liable to either the User or Freelance Independent Contractor's loss of business as a result of violation of this clause. Users shall report attempts or offers to make payment outside of BES by either User or Freelance Independent Contractor to BES immediately.
  • Payments by Users are routinely checked by BES for fraud prevention purposes, before any payments are released to the Freelance Independent Contractor. BES shall aim to process these payments and credit funds to the Freelance Independent Contractor's BES Account within three (3) working days, however BES reserves the right to take up to ten (10) working days in processing the transaction.
  • In order to withdraw funds from their BES Account, a Freelance Independent Contractor needs to request a funds withdrawal from BES. BES shall process payments daily and will send the money to the Freelance Independent Contractor via their selected payment preference. Once BES has processed payments, they are then subject to timescales imposed by the banking clearing system (BACS in the UK).
  • For security reasons, BES reserves the right to request additional information from Users and Freelance Independent Contractors, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:
    - a copy of a Government issued ID (Passport, Driver's License or National ID Card);
    - a copy of a recent utility bill showing their name and address (less than 3 months old);
     

For credit/debit card users, one of the following may be requested:
- a copy of the front and back of the card used. For Security Compliance we recommend that they blank out the central 8 digits of the card number digits, and the last three digits from the number on the back;
- Credit or Debit Card Bank Statement of the card used on their BES account (less than 3 months old). For Security Compliance they shall blank out the central 8 digits of the card number digits;
For PayPal users:
- PayPal Account statement showing their PayPal registered name, email address and verification status along with any relevant transactions.

  • For international Bank transfers, credit to the beneficiary may be delayed by factors such as local bank or public holidays, delays by an intermediary bank or other local conditions. Please note that some countries have been designated as “slow-to-pay” countries, and transfers made to those countries may take several days or even weeks in crediting the receiving account. Please see a complete listing of slow-to-pay countries.

 

  • In using the Escrow Account BES shall act, subject to these terms and conditions, on the User's behalf. BES shall hold the funds in a separate User account. BES declares that it is not a deposit taking body and any monies held by BES on a User's behalf are not insured deposits. Users will not receive interest or other earnings on the funds maintained in their Escrow Account or BES Account. BES will endeavor to ensure that the funds in the Escrow Account or BES Account are available to the User in accordance with these Terms and Conditions but do not guarantee that they will be available to the User in circumstances which are unforeseen or beyond our control.
  • If BES has to return funds to the User due to the User (contrary to these Terms and Conditions) filing a dispute or requesting a payment be reversed through its credit card provider, bank or PayPal then BES will be entitled to recover any such amount from the Freelance Independent Contractor’s BES Account (and if insufficient monies are in the Freelance Independent Contractor’s Account), credit card or other previously made payment method if available. If BES is unable to recover the amount returned to the User from the Freelance Independent Contractor in full then the Freelance Independent Contractor agrees to pay to BES any outstanding sums within 48 hours of BES making a request.
  • To prevent funds being held indefinitely in the Escrow Account, BES will notify the Freelance Independent Contractor in the event of funds being held in an Escrow Account for a Job that i) does not have an unpaid Invoice nor an open Dispute; and ii) has not had any activity in the WorkStream for a period of one (1) calendar month or longer. Activity is defined as any action by the User or Freelance Independent Contractor in the WorkStream such as: a message posted, an Invoice is raised, a deposit into the Escrow Account made or a Refund Request raised.

a) The Freelance Independent Contractor will be asked to confirm either i) that the Job is still in progress by posting a message to the User in the WorkStream with an update on progress; ii) that the Job has been completed by raising an Invoice in accordance with the terms defined in Section 3; or iii) that the Job was cancelled and issuing the User with a refund in accordance with the terms in Section 6.

b) If no action is taken by the Freelance Independent Contractor within seven (7) days it will be assumed that the Job was not delivered by the Freelance Independent Contractor and the funds held in the Escrow Account will be automatically refunded back to the User's BES Account. In this event the Freelance Independent Contractor's rankings will be affected in accordance with the terms in Section 6.

  • BES uses third-party service providers including Adyen, Worldpay, Payoneer, Paypal and Skrill to process payments by Users and to transfer funds to Freelance Independent Contractors. These third-party payment service providers are regulated and authorised to provide payment services in the countries where they operate. The User authorizes BES to share their personal or transactional information with third-party payment service providers when it is necessary to process payments.

5. Leaving Feedback

  • When the Job is completed and the Freelance Independent Contractor has been paid by the User, both parties shall be requested to provide both qualitative feedback and a rating from 1-5 for the other party. This rating influences each User's ranking on BES.
  • Both parties should complete the feedback honestly. Users shall not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to BES.
  • Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.

6. Cancellations and refunds

6.1 Cancellation of a Job

  • After the Beginning of a Job, the User or Freelance Independent Contractor may request a cancellation:

a) The requestor shall notify the other party of the cancellation by placing a message in the WorkStream. Alternatively, if there are funds in the Escrow Account and the User believes they are entitled to a refund subject to Section 6.2, the User can notify the Freelance Independent Contractor of the cancellation by requesting a refund using the “Request Refund” action on the WorkStream.

b) If the User fails to notify the Freelance Independent Contractor in the WorkStream that they wish to cancel the Job and the Job is subsequently completed, the User shall pay for the service delivered in accordance with these terms and conditions and should not seek to file a dispute or reverse payment with their credit card provider, bank or PayPal.

  • Once notified of a cancellation:

a) The Freelance Independent Contractor should stop working on the Job immediately;

b) The parties should agree in the WorkStream what payment is necessary for any work completed (or time spent, if it is a Per Project Custom Job). If the cause of the cancellation was not due to the circumstances defined in Section 6.2 the Freelance Independent Contractor is entitled to request payment at minimum equal to the value of the deposit funds held in the Escrow Account. The Freelance Independent Contractor should request payment in accordance with Section 3 of these terms.

6.2 Refund policy

  • A User is entitled to receive a refund of funds held in the Escrow Account excluding the refund fee as described in Section 8.1, under the following circumstances:

a) No response: the Freelance Independent Contractor has not responded in the WorkStream within 1 (One) working day of the scheduled commencement of the Job;

b) Non-delivery:

  1. For Profiles, the Freelance Independent Contractor of a Profile did not deliver the scope of work within the delivery timescales indicated in the Profile.
  2. For fixed price or price per item Custom Jobs, non-delivery means agreed scope of work was not delivered within the agreed timescales;
  3. For Per Project rate Custom Jobs no time has been spent.

c) Poor quality: with the exception of Per Project rate Custom Jobs, the deliverables provided by the Freelance Independent Contractor do not meet the terms defined in Section 3.2 after at least two revisions have been provided by the Freelance Independent Contractor in response to detailed feedback from the User; or

d) The Freelance Independent Contractor lost a Dispute.

  • User and Freelance Independent Contractor may mutually agree to a refund for reasons other than the previous clause however authorization of such refunds will be subject to a review by BES, as defined in Section 6.3 .
  • Refunds are only applicable to funds held in the Escrow Account. As per Section 3, funds should only be paid out of the Escrow Account once the User is satisfied that the Job (or any agreed milestone deliverables) has been completed. By releasing funds from the Escrow Account the User accepts that this money is non-refundable.
  • Users shall avoid filing a dispute or reversing payment through their credit card holder, Bank or PayPal. Attempts to seek a refund in this way will lead to the User's account being automatically suspended.
  • In case a User is entitled to a refund, the User receives the funds requested according to Section 6.3 minus a refund fee equal to 10% of the requested amount. The refund fee may be waived in case the Freelance Independent Contractor is at fault for the refund per Section 6.4.

6.3 Requesting a refund

  • A User can request a refund of the funds held in the Escrow Account excluding the refund fee as described in Section 8.1, using the “Request Refund” action in the WorkStream and specifying a reason for their request:

a) The Freelance Independent Contractor shall either approve or reject the Refund Request. Rejected Refund Requests are raised automatically to BES for Dispute assistance and handled in accordance with Section 7;

b) If the Freelance Independent Contractor does not respond to a Refund Request within 3 (Three) working days (a “non-actioned” Refund Request) then BES may release the funds automatically back to the User subject to the following clause.

  • BES will process approved (or non-actioned) refund requests back to the User's BES Account subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties' obligations under these terms and conditions. If BES reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations BES shall not be obliged to make the refund.

6.4 Refund and cancellation penalties

  • Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the BES marketplace as follows:

a) Where the request for a refund is primarily due to the reported default of the Freelance Independent Contractor (for example, due to no response, poor quality of work or they have cancelled the Job), it will negatively impact their Freelance Independent Contractor status and rankings;

b) Where the request for the refund is due to the default of the User (for example, an early cancellation due to a change in their business need) it will negatively impact their User status;

c) Multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity thereof.

  • BES will process approved (or non-actioned) refund requests back to the User's BES Account subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties' obligations under these terms and conditions. If BES reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations BES shall not be obliged to make the refund.

7. Disputes

  • BES encourages our Freelance Independent Contractors and Users to try and resolve any disagreements between themselves. However should that not be possible BES User Services can provide Dispute resolution.
  • A Dispute can be raised:

a) By the Freelance Independent Contractor manually after a User has rejected an invoice;

b) By the Freelance Independent Contractor automatically if they decide to reject a Refund Request received from a User.

  • To raise a dispute, the Freelance Independent Contractor is required to pay a non-refundable fee as per section 8.2
  • Disputes are available to Freelance Independent Contractors that have qualified as trusted members of the BES community.
  • If the amount disputed is £100 (or €130 or USD $160) or above, BES may reach out to both parties in order to mediate and try and bring the Dispute to resolution.
  • BES will aim to achieve a resolution on behalf of both parties within seven (7) days. If a mutual resolution has already been agreed between both parties on the workstream, then the dispute will either be cancelled or resolved in line with the mutual agreement.
  • In the event of having to make a resolution decision, BES will use only the communication in the WorkStream as sole evidence, and consider:

a) If both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both parties to complete or rectify the Job;

b) If the Job was delivered (or the milestone was met, if the Dispute is for a milestone payment) in accordance with the terms in Section 3;

c) For Disputes concerning the quality of the work delivered: BES will consider whether the Freelance Independent Contractor has met general quality standards as defined in Section 3.3. Assessments on quality i) down to perceived taste, or ii) requiring specialist technical or subject matter expertise, will not form part of the resolution decision;

d) If the User and Freelance Independent Contractor have complied with these terms and conditions.

In the event of having to make a resolution decision on behalf of the parties, BES will notify both parties within fourteen (14) days of the Dispute. The disputed funds shall be dealt with in accordance with the resolution decision and these terms and conditions. Our involvement with the Dispute ends once the resolution in relation to the Dispute has been communicated

  • Users agree and accept that any payments and/or other actions made by BES in accordance with the resolution decision of a Dispute are made in good faith and Users shall have no cause of action against BES (whether in contract, tort or otherwise) in respect of the resolution decision or any such actions or payments made pursuant to it. Users further agree and accept that they have no right to seek to hold BES liable for a User or Freelance Independent Contractor’s alleged actions or failures.

8. BES fees

8.1 User Fees

  • BES does not charge a fee to the User. BES only passes on payment processing fees on deposit of funds as follows:

Deposit payment method

Fee

Bank Transfer

No charge

Paypal

£0.6 + 5%

Credit / Debit card

£0.6 + 5%

Skrill

£0.6 + 5%

Alipay

£0.6 + 5%

Cashu

£0.6 + 5%

Qiwi Wallet

£0.6 + 5%

TrustPay

£0.6 + 5%

GiroPay

£0.6 + 5%

Paysafecard*

£0.6 + 10%

  • We may make changes to our transaction fees from time to time. These changes will be reflected in updated terms issued by us, which will apply to any transactions which take place after the updated fees come into force.
  • There is an optional listing fee of £9 (or €13 or USD $14) where a User may choose to mark a job listing as ‘urgent' with a prominent symbol that will make it stand out.
  • In case a User is entitled to a refund according to Section 6.2, the User receives the funds requested according to Section 6.3 minus a refund fee equal to 10% of the requested amount. The refund fee is waived in case the Freelance Independent Contractor is at fault for the refund per Section 6.4.
  • *If they have used a pay safe card to complete a BES transaction, they cannot refund this amount. However, if they have an unused balance on their pay safe card, they might be able to cash it in. To do this, they need to contact paysafecard* directly.
  • For deposits using via Trustpay or Swedish Bank Transfer (SE), they cannot also refund their amount.

 

8.1.1 NDA Fee

BES shall make available, upon payment of an optional fee of £26 (or €29 or $34), a non-disclosure agreement (NDA) for the Freelance Independent Contractor and the User to use in relation to a Job. In providing the NDA we exclude all warranties in respect of and all liability for the following:

  • The enforceability or otherwise of the non-disclosure agreement
  • The fitness of the NDA for the purposes of either the User, the Freelance Independent Contractor or both
  • The compliance with the NDA by the User or the Freelance Independent Contractor
  • Any breach of the NDA by the User or the Freelance Independent Contractor
  • The storage and/or retrieval of the signed NDA by BES
  • Any loss of the signed NDA.


 

8.1.2 Talent Scout Fee

BES shall make available upon an optional fee of £50 (or €55 or $60), a Talent Scout Job Upgrade. Said fee will not be refundable and that includes the time and effort spent by our team to offer help to each User in order for them to make a more informed decision.
Specifically:

  • Correspond with the User in order to help them specify their Job requirements and offer help where needed
  • Filter and review proposals received for the upgraded Job
  • Invite new Freelance Independent Contractors where necessary
  • Make up to 3 recommendations on received proposals.

 

If a User who purchased the “Talent Scout” upgrades, and is not satisfied with the recommended Freelance Independent Contractor, the BES Team will offer another recommendation and charge no refund fee for the non -satisfactory Job (only once).
When recommended Freelance Independent Contractors, complete the Job successfully, they will be added to a Scouted Freelance Independent Contractors network and invited to bid for similar Jobs in the future.
For Talent Scout Jobs, Freelance Independent Contractors will not be able to feature their proposals as all proposals will be equally reviewed by our BES team.

8.2 Freelance Independent Contractor fees

  • For Freelance Independent Contractors registered until May 13, 2015 BES charges a Service Fee of a 3.5% (excl. VAT) on all work billed (earnings), above the first £175 | €240 | $265 earned in the month which has a 15% (excl. VAT) Service Fee.
  • For Freelance Independent Contractors registered after May 13, 2015 and before March 21, 2017, BES charges a Service Fee of a 5% (excl. VAT) on all work billed (earnings), above the first £375 | €515 | $565 earned in the month which has a 15% (excl. VAT) Service Fee.
  • For Freelance Independent Contractors registered after March 21, 2017 BES charges a Service Fee of a 5% (excl. VAT) on all work billed (earnings), above the first £500 | €600 | $650 earned in the month which has a 20% (excl. VAT) Service Fee.
  • The minimum payment made using Auto Pay or Per Project Contracts is £6| €7 | $10 (excl. VAT).
  • The minimum Service Fee per invoice is £2.5 | €3 | $3.5 (excl. VAT).
  • All Users are provided with a statement at the end of each month showing their net effective commission fee in their ‘Payments' section on the Website.
  • For quality control purposes, Freelance Independent Contractors have an allotment of fifteen (15) Proposal credits per month for free but can purchase extra credits when the free allotment has been used. The charge for extra proposal credits is:

credits

GBP

EUR

USD

5

5.95

7.95

8.95

10

8.95

12.95

13.95

25

14.95

19.95

21.95

50

19.95

27.95

29.95

100

29.95

41.95

44.95

 
  • When a Freelance Independent Contractor withdraws funds from their BES Account, BES pass on any fees incurred to process the payment by third parties as a withdrawal fee, as follows:

Withdrawal Currency

Withdrawal Method

Fee

GBP

UK bank transfer

No charge

GBP

SEPA/Local Currency*

£1.99

GBP

International bank transfer

£19.99

USD

US bank transfer (ACH)

No charge

USD

SEPA/Local Currency*

$2.99

USD

International bank transfer

$29.99

EUR

SEPA/Local Currency*

€1.99

EUR

International bank transfer

€19.99

  • *SEPA / Local currency bank transfer: - If their country is included in the SEPA/Local Currency countries list and they choose the local currency bank transfer option, our banking partner will automatically convert (at wholesale foreign exchange rates) and pay their withdrawal directly to their local bank account
  • Bank transfer reversal fees - If their bank transfer gets reversed due to incorrect banking information, wrong bank account type or foreign currency bank account settings limitation, they will be charged a reversal fee of £2 | €3 | $3 as well as the currency exchange difference (if applicable).
  • If a Freelance Independent Contractor decides to purchase optional features to further increase their chances of winning work on BES they will pay a feature fee. The latest fees for these features can be found here.
  • If Freelance Independent Contractor decides to raise a dispute as per section 7, they are required to pay a non-refundable fee equal to 10% of the invoice or refund amount, subject to a minimum charge of £5 (or €7 or $8) per dispute.
  • Bank transfer investigation fee - Please note that if there is a delay in payment from the banking institution, a formal investigation can be initiated with the bank to determine transaction issues. There is a 25 GBP fee that is issued which shall be applied by the User in order to initiate this process.
  • Chargeback or RFI (Request for Information) fee - A chargeback is a disputed card transaction which is raised by a User if they dispute a payment or if their card has been used without their authorization. A RFI is a Request for Information the bank raises asking BES for additional information regarding a particular transaction which may be in dispute or unauthorized. The User's bank charges BES a fee in both these instances and as a result, we are passing these fees to Freelance Independent Contractors whose Users raised a Chargeback or RFI with their bank for a particular job/payment. The Fees per Chargeback are £15.00 and per RFI are £7.
  • Fast Track Fee - Once their Freelance Independent Contractor application is submitted, they have the option of paying a fee of £4.99 / €4.99 / $4.99, in order to have their application and documents reviewed within 24 hours.

8.3 Zero Service Fee scheme

 

8.3.1 General

The Zero Service Fee scheme enables Freelance Independent Contractors to apply the benefit of the tools available on BES to the work with their existing User base for no Service Fee. Similarly, Users are able to apply the benefit of the tools available on BES to the work with their existing Freelance Independent Contractor base for no Service Fee. To participate in this scheme Freelance Independent Contractors invite a User that they already have a working relationship with outside of BES (“Existing Users”), to join BES by entering their email address in a special invitation form (“BES Invitation”) or by placing a widget on a website or blog (“BES Widget”). Similarly, Users invite a Freelance Independent Contractor that they already have a working relationship with outside of BES (“Existing Freelance Independent Contractors”), to join BES by entering their email address in a special invitation form (“BES Invitation”).

8.3.2 No Service Fee

Subject to the eligibility conditions in Section 8.3.2 all payments made by Existing Users to the Freelance Independent Contractor through payment of Invoices on BES will not be charged the Service Fee described in Section 8.2. The full invoiced amount paid by Existing Users will be deposited in the Freelance Independent Contractor's BES Account and be available for withdrawal in keeping with these terms and conditions. Similarly, subject to the eligibility conditions in Section 8.3.2 all payments made by Users to Existing Freelance Independent Contractors through payment of Invoices on BES will not be charged the Service Fee described in Section 8.2. The full invoiced amount paid by Users to Existing Freelance Independent Contractors will be deposited in the Existing Freelance Independent Contractors' BES Accounts and be available for withdrawal in keeping with these terms and conditions.

8.3.2. Eligibility

As a Freelance Independent Contractor, to be eligible for the Zero Service Fee scheme for payments made by their Existing Users:

  • They shall have an active User account on BES; they may not invite themselves to the Zero Service Fee scheme; the work with their Existing User was not originally sourced on BES;
  • They may not invite themselves to the Zero Service Fee scheme;
  • The work with their Existing User was not originally sourced on BES;
  • Their Existing User should not already have a User account (active or inactive) on BES;
  • Their Existing User shall sign up for a User account using the activation link they received in their BES invitation or the links of the BES Widget;
  • After sign-up, their Existing User shall pay at least one of their Invoices through BES.

 

There is no limit to the number of Existing Users that can be invited under this scheme.

As a User, to be eligible for the Zero Service Fee scheme for payments made to their Existing Freelance Independent Contractors:

  • They shall have an active User account on BES;
  • They may not invite themselves to the Zero Service Fee scheme;
  • The work with their Existing Freelance Independent Contractor was not originally sourced on BES;
  • Their Existing Freelance Independent Contractor should not already have a User account (active or inactive) on BES;
  • Their Existing Freelance Independent Contractor shall sign up for a User account using the activation link they received in their BES invitation;
  • After their Existing Freelance Independent Contractor signs-up, they shall pay at least one of their Invoices to their Existing Freelance Independent Contractor through BES.

 

There is no limit to the number of Existing Freelance Independent Contractors that can be invited under this scheme.

8.4 Administrative fee for inactive User accounts

If a User has funds in their BES Account and the User has not logged in to their BES Account for a period of six (6) months or more then BES will charge a monthly administration fee of $9.95 (excl. VAT) for holding those funds on behalf of the inactive User. This fee will be automatically collected each month from the funds in the User's BES Account starting from the seventh (7th) calendar month since the User last logged in to their User account. The collection of this fee will end when either i) the account becomes active again after the User logs back in to BES, or ii) the balance in the BES Account is cleared.

8.5 Currency Conversion

If they require a transaction within the BES site which involves a currency conversion, it will be completed at a foreign exchange rate determined by an official institution, which is adjusted on a regular base. Exchange rates fluctuations are not under BES control.

A Currency Conversion Fee of 2.5% will be applied every time BES performs a currency conversion. When a currency conversion is available by BES, they will be shown the exchange rate that will be applied to the transaction before they proceed with authorizing the payment transaction. By accepting this transaction, they also agree to the exchange rate currency conversion terms.

9. Referral Program

9.1 General

The BES Referral Program is a program that allows Users to receive certain benefits in their User account ("Referral Reward") if they refer a non-BES user ("Referred User") to BES and they then make a qualifying purchase on the site (“Successful Referral”). Users perform this referral by submitting the email address of the Referred User on a special referral form or by sharing a special referral link found through BES ("Referral Invitation").

9.2 Referral Reward

Subject to the eligibility conditions in Section 9.3, Users will receive the following as Referral Reward for every Successful Referral:

  • £20 (or €22 or USD $25) Voucher deposited in their BES Account. See Section 10 for terms on the use of Vouchers.
  • A special badge on their BES Profile page for the first Successful Referral.

9.3 Eligibility

To be eligible for the Referral Reward:

  • They shall have an active User account on BES;
  • They may not refer themselves for the Referral Program;
  • The Referred User should not already have a User account (active or inactive) on BES;
  • The Referred User should sign up for a User account using the activation link of the Referral Invitation;
  • The Referred User should have received and paid invoices within 730 days from registration of at least £50 (or €70 or $75). Payments from the Referred User towards the User account as well as from the Referred User towards other User accounts that got referred by the User account are excluded from this billing calculation.

9.4 Discontinuance or modification

BES reserves the right at any time to modify or discontinue the Referral Program either temporarily or permanently with or without notice. BES will not be liable to any party in the event of any modification, suspension or discontinuance of the Referral Program. Non-fraudulent accrued Referral Rewards are not affected by suspension or discontinuance of the Referral Program.

9.5 Non-compliance

BES reserves the right to not grant or to remove any previously granted Referral Reward from their User account should any of the BES terms and conditions not be met. BES reserves the right to suspend the User account or remove Referral Reward should abusive or fraudulent activity regarding the Referral Program be suspected at the discretion of BES.

10. Vouchers

Users may receive funds deposited directly in their BES Account as part of a promotion or as a Referral Reward (see Section 9); or alternatively receive a promotional code for a fixed or percentage discount on services purchased on BES (“Vouchers”).

These Vouchers:

  • Will be for the exclusive use of purchasing services on BES, their monetary value will not be available for withdrawal from BES.
  • Where the voucher is a direct deposit of funds in the user's BES Account, the currency of the voucher will be the one that corresponds to the highest balance in the User's BES Account in case there is one that is higher than the other two or GBP (£) in any other case.
  • where the voucher is in the form of a promotional code, the code can only be used once even if the voucher is used in a transaction for less than the monetary value of the voucher.

11. General terms of website use

The BES terms of website use define how Users may make use of BES whether as a guest or a registered user. They contain heavy but important stuff so please read them carefully.

12. Privacy Statement

By proceeding to use the BES service Users consent that BES may process the personal data (including sensitive personal data) that BES collects from them in accordance with the BES Privacy Policy.

13. Governing Law

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of The Federal Republic of Nigeria. The courts of The Federal Republic of Nigeria shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).

14. Related Policies

The following policies are part of these terms and conditions and should be read carefully:

Profiles posting policies

Jobs posting policies

Profile policies

WorkStream policies

15. Definitions

In these terms and conditions:

'User' means a person buying services from a Freelance Independent Contractor on BES;

'Beginning of the Job' means either the purchase of a Profile™ by the User or acceptance of a Proposal for a Custom Job by the User in the WorkStream;

‘Content' means such things as data, text, photographs, videos, audio clips, written posts and comments, graphics, User content and interactive features generated, provided, or otherwise made accessible on or through BES;

'Custom Job' is a piece of work that begins with the approval of a Proposal by a User or the approval of a Hire request by a Freelance Independent Contractor. This work is contracted either after the User has posted a request on BES or in direct communication between a UserConsumer and a Freelance Independent Contractor in the WorkStream. A Custom Job can also be agreed as a follow on piece of work after a Profile purchase;

'Per Project Contract' is a piece of work that begins with a User placing a valid payment method on file that can be charged repeatedly by BES and the approval of a Per Project Proposal by the User or the acceptance of a Hire request by the Freelance Independent Contractor

‘Dispute' means  disagreement raised in relation to a overruled Invoice or a rejected Refund Request;

'Escrow Account' means the virtual account where money is deposited on BeginningStart of the Job and is only released in accordance with these terms and conditions;

'Profile™' means a pre-packaged servicethat is offered on BES by a Freelance Independent Contractor for a fixed price and delivered within fixed timescales.

'Invoice' means a bill for a completed Job which is raised by the Freelance Independent Contractor in the WorkStream or in the BES payments dashboard;

'Job' means a piece of work that a Freelance Independent Contractor and User agree via BES is to be provided by the Freelance Independent Contractor to the User. Job refers to work either agreed when the User purchases an Profile™, or when a Proposal by a Freelance Independent Contractor is accepted by the User for a Custom Job;.

‘BES' means the website with the domain namewww.backendskills.com or BackendSkillsPer Projectas the context so requires;

‘BES Account' means the online electronic account which holds their money that is available to they to either withdraw at any time or use as currency to pay for Jobs on the site;

'Proposal' means an offer made by a Freelance Independent Contractor to a User to provide a Custom Job and which shall contain a fee quotation;

‘Freelance Independent Contractor' means a person selling services to a User via BES;

‘User' means any person who uses BES;

‘User Content' means all Content uploaded, submitted, distributed, or posted to the services by Users, including without limitation, Proposals and communication via the WorkStream. User Content does not include any materials or deliverables, or intellectual property therein arising from a Job, which shall be assigned to the User on successful payment for the Job. User Content is the sole responsibility of the person who originated it;

'WorkStream™' is where all the communication between User and Freelance Independent Contractor is conducted in private. Via the WorkStream, the parties can exchange information including attachments, send a Proposal or raise an Invoice, make payments, request a refund or raise a Dispute in relation to a Job.

 

Last update to these T&C: Monday 25th July 2017.