draft terms of services

This DhuMall Freelance Services Terms of Service is the Addendum and part of the DhuMall Terms of Use located at www.dhumall.com. The terms and conditions hereof shall deem to be in addition to the terms of the DhuMall Terms of Use. The provisions hereof shall not be deemed to amend or otherwise restrict the terms of the DhuMall Terms of Use, except as specifically set forth herein. All the terms and conditions herein contained will prevail in event of a conflict with the DhuMall Terms of Use.

As a Project Owner (a user who purchases services on DhuMall), you understand and accept upon being awarded a project on iprimework.dhumall.com to Freelancer ( also known as “Freelancer”, is a user who offers and performs services through the project on DhuMall by the Project Owner), the Project Owner has accepted the sale of the project or an item by a Freelancer, the Project Owner and Freelancer will be deemed to enter into a legally binding and enforceable contract which the Project Owner agrees to purchase, and the Freelancer agrees to deliver the Project Owner the project or item. Each party is responsible for ensuring that you both comply with your obligations to each other. If you do not, you may become liable to the other party. Both parties must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances, and regulations relevant to you as a Project Owner or Freelancer. If either party breaches any obligation to one other, you both are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, DhuMall has no responsibility for enforcing any rights under the terms and conditions hereof.

Depending on their jurisdiction, Project Owner and Freelancer may have rights under statutory warranties that cannot lawfully be excluded. Nothing in the terms and conditions hereof is intended to override a right that by applicable law may not be excluded. Nothing in the terms and conditions hereof is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of the terms and conditions here is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Each party hereof acknowledges and agrees that the relationship between Project Owner and the Freelancer is that of an independent contractor. Nothing in the terms and conditions hereof creates a partnership, joint venture, agency, or employment relationship among the Project Owner, Freelancer, and DhuMall. Nothing in the terms and conditions hereof shall in any way be construed as forming a joint venture, partnership, or an employer-employee relationship among the Project Owner, Freelancer, and DhuMall.

Each party hereof further agrees and acknowledges that DhuMall or its affiliated companies are only a facilitator of the collection and remittance of the payment. No interest or any benefits whatsoever is given to or can be claimed by the Project Owner or the Freelancer in the payment collected by DhuMall or its affiliated companies through and of the prescribed payment methods.

From time to time, DhuMall may modify the terms and conditions herein without notice to you. Changes become effective for the Project Owner and Freelancer upon posting the modified terms and conditions. Continued use of the services after any such changes shall constitute your consent to such changes. Violation of any of the terms may result in the termination of your Account.

1. DhuMall Freelance Services Program
The DhuMall Freelance Services program is free. When you become a user, you get a DhuMall account that is accessible from the iprimework.dhumall.com site. The program will allow the Project Owner to buy services from the Freelancer. The program also gives you the opportunity to become a Freelancer.

2. Membership Subscription Service
DhuMall offers options to the Freelancer to purchase a subscription to the subscription packages from DhuMall pursuant to the quote(s) and sets forth the membership subscription service terms and conditions under which those mentioned in the quote(s) will be delivered. The terms and conditions herein shall govern the Freelancer’s initial purchase as well as any future purchases made by the Freelancer with reference to the terms and conditions herein.

General terms and conditions for the membership subscription packages:

All fees outlined in the quote(s) shall be paid by the Freelancer in accordance with the invoice and in the currency outlined in the applicable quote(s). All fees are non-refundable. The Freelancer is required to pay any sales, use, Goods, and Services Tax (GST), value-added, withholding, or similar taxes or levies, whether domestic or foreign and all such taxes and levies are excluded from any rates or prices provided by DhuMall.
DhuMall shall not take the responsibility or guarantee for purchase by the Project Owner or any transaction taking place between the Project Owner and Freelancer except otherwise specified in the quotes.
DhuMall shall not take any responsibility for any guarantee or promise of transaction made by the Project Owner and Freelancer during the project, etc.
DhuMall shall not be responsible nor shall entertain any disputes, complaints, or grievances in case of any lewd comments, images, videos, etc. shared between the Project Owner and Freelancer.
The offers and pricing for subscription packages, the subscription services, and the extent of availability in the subscription services, may change over time without notice to the Freelancer (except as may be required by applicable law). Changes become effective for existing Freelancers upon posting the modified terms and conditions. You are responsible for checking your email registered with us for such changes. If you do not agree to such changes, you must notify DhuMall of such disagreement within ten (10) days from the date of the email sent to you, and DhuMall (at its discretion as your exclusive remedy) may either: (i) permit you to continue under the prior version of the terms and conditions until the next renewal of the existing subscription, after which the modified terms & conditions will apply (for example, if the Freelancer is on an annual subscription term, then the modified terms and conditions will apply to start from the beginning of your next annual subscription term after it is posted) or (ii) terminate and refund of the subscription fees for the unused portion of the subscription that you already paid with respect to the terminated portion of the applicable subscription. DhuMall will use reasonable efforts to notify you of the changes through your registered email. The continued use of the subscription services during the renewal term will constitute your acceptance of the version of the terms and conditions in effect at the time the renewal subscription term begins.
Your membership subscription billing period begins on the date that DhuMall receives payment. DhuMall membership subscription fees are calculated from the beginning of that billing period. DhuMall automatically renews your membership subscription, and you irrevocably authorize and instruct us to make the required membership subscription payments to DhuMall on your behalf. This authorization will remain in full force and effect until you change your settings in your profile with us your membership plan, otherwise, notify DhuMall that you wish to revoke your authorization by email to freelance.support@dhumall.com or cancel your account.

3. Changes to DhuMall Membership Program

3.1 DhuMall Membership Program can be changed at any time, including by moving to an unpaid plan.
3.2 In the event you change your DhuMall Membership Program, the new program and new billing period will be based upon the date DhuMall receives payment of the new membership fee.
3.3 In the case you upgrade a membership, it will result in a new billing date effective upon the date of payment of the additional fees and, if applicable, will result in a credit of the unused portion of the existing category membership fees.
3.4 However, in the case you downgrade a membership, you will not receive a refund or credit for the fees you already paid; instead, your membership will continue to the end of your current billing period but will not renew.
3.5 If your account is suspended at the beginning of your billing period or you do not pay your membership fees, your account will be automatically downgraded to an unpaid membership plan. If your account is reinstated, you may change your membership plan as described in the terms & conditions hereof. DhuMall reserves the right to modify its membership programs at any time, upon reasonable notice posted in advance on the iprimework.dhumall.com site.

4. Access and Use
Users may access and use the services during the applicable tenure of the membership in accordance with the terms and conditions hereof.

5. Fees and Services
DhuMall charges fees for certain services, such as paid Membership Subscription Service (“MSS”). When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on the terms and conditions hereof and Clause 2 above. DhuMall may choose to temporarily change the fees for our services for promotional events (for example, discounts on MSS) or new services, and such changes are effective when DhuMall posts a temporary promotional event or new service on iprimework.dhumall.com, or as notified through promotional correspondence. Unless otherwise stated, all fees are quoted in United States Dollars.

6. Payment Terms

6.1 Freelancer
6.1.1 Dhumall will credit the Freelancer’s account with revenue equal to 80% of the Project Owner’s purchase amount for each successful project completed by the Freelancer.
6.1.2 DhuMall will credit the Freelancer’s account once an order is completed. You may refer to Clause 10 in the terms and conditions hereof.
6.1.3 If an order is canceled (for any reason), the funds paid will be returned to the Project Owner’s account.
6.1.4 To buy MSS, the Freelancer is required to add a payment method. The payment methods are PayPal or Credit Card.
6.2 Project Owners
6.2.1 Project Owner is free to sign up, post a project, receive bids from the Freelancer, review the Freelancer’s portfolio and discuss the project requirements. If the Project Owner chooses to award the project, DhuMall charges the Project Owner a Service Fee. Service fees are added at the time the Project Owner accepted the bid/project by the Freelancer. These fees cover administrative fees. The service fees are 5.5% of the bid/project amount.
6.2.2 The Project Owner is responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to him/her depending on residency, location, or otherwise, under provisions of their jurisdiction. The Project Owner represents and warrants that he/she complies, and will always comply, with his/her obligation under income tax provisions in their jurisdiction. The price shown on the project order page is exclusive of all such taxes and charges that may apply to the Project Owner.
6.2.3 The Project Owner hereby appoints DhuMall as the Project Owner’s limited authorized payment collection agent solely to accept payments (via its Payment Services Provider, if applicable) from Project Owner and remit those payments to the Freelancer. Freelancer agrees that payment from Project Owner to DhuMall shall be considered the same as a made directly to Freelancer. The Project Owner’s payment obligation to Freelancer will be satisfied upon receipt of payment by DhuMall (or its Payment Services Provider, as applicable), and DhuMall (via its Payment Services Provider, as applicable) is responsible for remitting the funds to Freelancer in the manner described in these Payment Terms. In the event that DhuMall (via Payment Services Provider) does not remit any such amounts to the Freelancer, the Freelancer will have recourse only against DhuMall and not the Project Owner directly. Freelancer agrees that DhuMall may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to the Project Owner that DhuMall may deem necessary.
6.2.4 DhuMall partners with the Payment Services Provider for the purposes of collecting payments from the Project Owner, transferring such payments from the Project Owner to the Freelancer, and holding funds in connection with payment. All payment services in connection with the withdrawal of funds on the DhuMall platform are performed by DhuMall’s Payment Services Provider.
6.2.5 The Project Owner understands and agrees that DhuMall is not a party to any direct contract is not involved in or responsible for any work performed by the Freelancer, is not involved in or responsible for any payment made under a direct contract, and has no control over any Freelancer. DhuMall does not have any power or authority to, and does not, determine any eligibility standards for any direct contract, select or contract any Freelancer to provide services to a Project Owner, determine or control any terms or conditions of the direct contract or project, or cause any Freelancer to accept any direct contract or perform any freelancer services outside DhuMall or the terms and conditions hereof in this DhuMall Freelance Services Terms of Service.
6.3 Withdrawal of Revenues
6.3.1 The Freelancer’s earnings are reflected in the Freelancer’s account. To withdraw these funds, you need to email freelance.support@dhumall.com to tell us your transfer method. The transfer methods available are PayPal, Stripe, and Wire Transfer.
6.3.2 Revenues are only made available in the Freelancer’s account for withdrawal following a safety clearance period of 14 days after the order is marked as Completed.
6.3.3 All withdrawals are final and cannot be undone. DhuMall will not be able to reverse this process once it has begun.
6.3.4 The only currency option to withdraw revenues is in USD.
6.3.5 Withdrawal fees vary subject to withdrawal methods.
6.4 Withdrawal Methods
DhuMall is providing the following withdrawal methods: –
1. Withdrawal to your PayPal Account – Zero fees. For the list of PayPal services by country, please click https://www.paypal.com/my/webapps/mpp/paypal-fees.
2. Payment through Stripe – Zero fees. Stripe will charge services of 3.5%.
3. Direct from Malaysia-to-Malaysia banks – Zero fees.
4. US Dollar Wire Transfer – Minimum USD30 per transfer.

7. Freelancer – Managing your project
Once the user’s sign-up as “Join as a freelancer”, ie. a Freelancer, DhuMall will provide a dedicated Dashboard for the Freelancer’s registered account.

The Dashboard will allow the Freelancer to be used to:

Manage project.
Communication through private messages.
Work efficiently between the Freelancer, Project Owner, and DhuMall.
Create and assign projects.
Upload and share files.
Manage profile and revenues.
Administer status updates.

The Dashboard helps the Freelancer and Project Owner stay up to date with the project’s progress and displays information that helps keep track of time on the specific project.

For a smooth project flow, DhuMall suggests the Project Owner and Freelancer check the Status regularly to avoid conflicts or misunderstandings at a later stage. This will ensure the timely delivery of quality work and seamless payment.

By accepting the project, an agreement is established with the terms of engagement between the Freelancer and the Project Owner. It defines the scope and payment terms. The agreement can be edited at any time and only come into effect once both parties agree upon discussion at the Dashboard. DhuMall recommends the Freelancer starts work only after both parties have accepted the agreement. A binding agreement in place helps reduce the chances of a dispute.

Invoices that are created according to the terms of a specific agreement do not change if the agreement changes later. Invoices will be emailed to the Project Owner upon request from freelance.support@dhumall.com.

8. Project Owner – Hire a Freelancer
Once you have a project, you can search for and hire Freelancer in the following ways: –

Find a Freelancer – Browse through iprimework.dhumall.com and invite Freelancers with relevant skills to bid for your project by clicking on the “Contact XXX” button.
Post a project – Share your requirements with a project post and receive bits from Freelancers interested in your job.
Rehire – Hire a Freelancer you have previously worked with.

The hiring process is as follows:

Evaluate the quotes you receive by going through the details shared in the quote.
You can discuss the quote in detail with the Freelancer.
Once convinced with the quote, you can hire a Freelancer.
When the Freelancer accepts your hiring, you are allocated a Dashboard to establish the agreement and begin work.

9. Project Management by the Project Owner and Freelancer

A. Basic

Once a project is confirmed by Project Owner by clicking “accept” of the Status at Project Bids, and proceeding with “checkout”, both Project Owner and Freelancer are deemed to enter a contract electronically, effective from the date Project Owner approved/accepted the project and made payment. Doing so constitutes an acknowledgment that Project Owner and Freelancer agree to conduct the transaction electronically and can electronically receive and download the completed project by the Freelancer.
Freelancer must deliver completed files and/or proof of work using Chat Box (located on the Dashboard) according to the service that was purchased and advertised on Freelance Services.
A project or milestone is marked as Achieved at Project Milestones after it is delivered by the Freelancer and accepted by the Project Owner. A milestone will be automatically marked as Completed if no acceptance or request for Rework or modification were submitted within 3 days after being marked as Achieved.
DhuMall encourages Project Owners and Freelancers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the iprimework.dhumall.com site, users (including Project Owners and Freelancers) can email freelance.support@dhumall.com for assistance. For more information about disputes, Order cancellations, and refunds please refer to the terms herein contained.
Certain projects that offer local services might require Project Owners and Freelancers to meet in person in order for the Freelancer to perform the service. In such cases, users (including Project Owners and Freelancers) should note that DhuMall does not guarantee the behavior, conduct, safety, suitability, or the ability of either Project Owners or Freelancers. Both Project Owners and Freelancers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and DhuMall has no responsibility or liability related to any local services provided by the Freelancer. In the event that the service is performed on the Project Owners’ premises, Project Owners are encouraged to maintain proper insurance policies to cover their liability as the premise owner. DhuMall’s Terms of Use and DhuMall Freelance Services Terms of Service remain applicable to projects that are performed outside of the marketplace.

B. Project Handling

When the Project Owner accepted a project, the Freelancer is notified by email and notifications on the chat message while logged into the registered account with DhuMall Freelance Services.
Freelancers are required to meet the delivery time they specified during the discussion before the project is approved/accepted by the Project Owners. Failing to do so will allow the Project Owner to cancel the project when the project is brought to the attention of DhuMall and may harm the Freelancer’s status.
Freelancers must send completed files and/or proof of work in the Chat Box and mark in the Project Milestones as Achieved.
Project Owner and Freelancer are responsible for viruses and malware. DhuMall will not be held responsible for any damages which might occur due to DhuMall site usage, use of the content, or files transferred.
Project Owners may use the “Rework” feature at the Project Milestones while the Amount Status is marked as Achieved if the delivered materials do not match the Freelancer’s description during discussion or they do not match the requirements sent to the Freelancer at the beginning of the project process.
The number of “Rework” times should follow what has been discussed and confirmed by both Project Owner and Freelancer and constitute part of the agreement of the project. However, this can be discussed again subject to the approval of both parties.

C. Reviews

Feedback reviews provided by the Project Owner after the completion of a Project are essential for DhuMall Freelance Services platform. Reviews display Project Owner’s overall experience with the Freelancer’s service. The Project Owner is encouraged to communicate to the Freelancer any concerns during their active project processing period.
The reviews will not be removed unless there are in violation of DhuMall Terms of Use or DhuMall Freelance Services Terms of Service herein.
All reviews must be from legitimate projects executed exclusively through the iprimework.dhumall.com platform. Purchases arranged, determined to artificially enhance Freelancer ratings, or to abuse the iprimework.dhumall.com platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
Reviews given by the Project Owner are publicly displayed on the Freelancer’s profile page.
Work Samples are the delivered images and videos sent to the Project Owner in the Chat. Work Samples are added to a Freelancer’s Profile if the Project Owner chooses to publish the Work Samples while providing a public review.
Any intent to gain favorable reviews or additional services is strictly prohibited.
The Project Owner is allowed to leave reviews on projects up to 10 days after a project is marked as Completed. No new reviews may be added to a project after 10 days.
Freelancer is strictly prohibited from soliciting the removal of reviews from the Project Owner through mutual cancellations.

10. Procurement

The Project Owner pays DhuMall to create a project from the Project Owner’s account with DhuMall. DhuMall partners with Payment Services Provider for the purposes of collecting all payments from Project Owners and transferring such payments from Project Owners to Freelancers. All payment services in connection with the collection of funds on the DhuMall platform are performed by DhuMall’s Payment Services Provider.
DhuMall serves as Freelancers limited authorized payment collection agent solely to accept payments (via its Payment Services Provider, if applicable) from Project Owners, and remit those payments to Freelancers. Project Owners’ payment obligation to Freelancers will be satisfied upon receipt of payment by DhuMall (or its Payment Services Provider, as applicable), and DhuMall (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Freelancers in the manner described in Clause 6. If DhuMall (via Payment Services Provider) does not remit any such amounts to Freelancers, the Freelancers will have recourse only against DhuMall and not the Project Owners directly.
Service fees are added at the time of procurement where the Project Owners can review and accept the total amount requested to pay. These fees cover administrative fees.
Project Owners are strictly prohibited to offer Freelancers to pay or make payments using any method other than through iprimework.dhumall.com. In case the Project Owners have been asked to use an alternative payment method, please report it immediately to freelance.support@dhumall.com.
Project Owners agree to receive invoices and Freelancers agree to receive payment receipts from DhuMall in electronic form as PDF documents, by email.
To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with withdrawals is collected by DhuMall’s Payment Services Provider. DhuMall’s Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments. DhuMall is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider.
By using any payment method and/or providing payment details for making purchases on the iprimework.dhumall.com platform, Project Owners and Freelancers represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on iprimework.dhumall.com; and (d) such actions do not violate any applicable law.
Project Owners can pay on the iprimework.dhumall.com platform in USD only. If Project Owners paid for a project in a currency other than US$ and the project was later canceled for any reason whatsoever, the amount returned to you would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same USD value.

11. Disputes and Cancellations

11.1 Disputes
https://iprimework.dhumall.com platform is designed to facilitate a great and successful user experience. Hence, DhuMall encourages the Project Owners and Freelancers to try to settle disputes amongst themselves.

11.2 Conciliation Service
In the event of a conflict fails to be resolved, DhuMall offers Conciliation Service. Conciliation Service applies to cases where there are funds held by DhuMall or Payment Service Provider paid by the Project Owners and pending release to the Freelancers. Once you request Conciliation Service, our team reviews the agreement and communication between the Project Owners and the Freelancers, and the work delivered. In the course of the Conciliation Service process, both parties have the option to provide additional evidence or comments in the Dashboard or Chat Box for the Conciliation Service team to consider. Once a judgment is reached, the funds held by DhuMall or Payment Service Provider paid by the Project Owners and pending release to the Freelancers are distributed accordingly and both parties will receive an email with a link to view the details of the Conciliation Service findings.

11.3 Conciliation Service fee
In consideration of the request made by Project Owners and Freelancers to resolve the conflict between the parties, DhuMall charges a Conciliation Fee of 5% of the funds held by DhuMall or Payment Service Provider paid by the Project Owners and pending release to the Freelancers or USD20 (whichever is higher). The Project Owners and Freelancers authorize DhuMall to deduct the Conciliation Service fee from the funds held by DhuMall or the Payment Service Provider paid by the Project Owners and pending release to the Freelancers. If the fund balance is $50 or less, we waive our fee, and the balance is distributed equally between the Project Owner and the Freelancer.

11.4 Project amendments and cancellations

A project posted can be edited and canceled only if it has not been paid for by the Project Owner. Once a project is paid for by the Project Owner, it cannot be edited or canceled.
Pertaining to Clause 11.4a above, a project can be canceled if it is,
1. in violation of DhuMall Terms of Service and/or terms and conditions here;
2. Completed projects may be canceled, upon review by our DhuMall Support team, up to 14 days after the project milestones are marked as Completed. In such cases, the amounts paid for the canceled project will be returned to the Project Owner and will be deducted from the Freelance’s DhuMall account or, if there are no sufficient amounts in the Project Owner’s DhuMall account, from future revenues of such Freelancer;
3. Harassment, unlawful behavior, or other violations of DhuMall Terms of Use and/or terms and conditions here;
4. Freelancer is late and unresponsive over the expiry date for submission of the Completed project;
5. Project Owners or Freelancers are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other;
6. Project Owners or Freelancers supplied or included copyright/trademark infringing materials as part of their requirements or the Freelancer’s delivery;
7. Project Owners or Freelancers are no longer an active DhuMall user due to violations of Terms of Use and/or terms and conditions here or closure of their account;
8. The Freelancer delivers no files and/or proof of work related to the agreed-upon project requirements;
9. The Freelancer requests additional payments, on or off the iprimework.dhumall.com platform, by withholding the final delivery of services directly related to the agreed requirements;
10. The Freelancer is withholding the final delivery of services for improved ratings;
11. The Project Owner who abuses the Rework function to gain more services from Freelancer beyond the agreed requirements;
12. The Project Owner who threaten to leave a damaging review to gain more services from the Freelancer not related to the agreed requirements;
13. The Freelancer who has been reported to use copyright/trademark infringing materials after verification and with proof;
14. The Freelancer who did not purchase commercial use rights and is reported to have used the materials commercially; and
15. DhuMall, through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on https://iprimework.dhumall.com platform.

12. Refunds
DhuMall will automatically refund payments made for canceled orders back to your payment provider. Funds returned to you will not include service fees paid.

13. Intellectual Property Claims

a. Trademark and other rights infringement
The content available on iprimework.dhumall.com including, but not limited to, the informational content, charts, graphs, images, graphics, designs, photographs, audio, video clips, icons, software, and HTML code are the property of DhuMall and are governed by Malaysia and international intellectual property laws and treaty provisions, including, but not limited to, those relating to patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how, and any other similar rights.

In addition, DhuMall does not check user-uploaded or created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. DhuMall will investigate reported violations and removes or disables content shown to be violating third-party rights.

To allow us to investigate and review your copyright infringement claims, please follow the following process:-

Identify your copyrighted work and what is protected under the copyright(s) you are referring to.
Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered.
Copyrights ownership proofs, such as the registration number of a copy of the registration certificate.
A short description of how our users allegedly infringe your copyrights.
Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the Url, a link to the deliverable provided to a user, etc.
Provide us with your complete name, address, email address, and telephone number.
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
Your electronic or physical signature
Send us your Notice to freelance.support@dhumall.com

*Note that we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material.

If you fail to comply with all the requirements mentioned herein, your Notice may be null and void.

Please be aware that if you knowingly materially misrepresent that material or activity on iprimework.dhumall.com infringes your copyright, you may be held liable for damages (including costs and attorneys’ fees).

b. Counter-Notification Approaches
If you believe that the material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting a written notification to freelance.support@dhumall.com. Your Counter-Notice must include the following:

An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which DhuMall contacts you (including your name, postal address, telephone number, and, if available, e-mail address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled because of a mistake or misidentification of the material to be removed or disabled.
Your physical or electronic signature.

DhuMall will try its very best to restore the removed content if the party filing the original Notice does not file a court action against you within 14 business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on iprimework.dhumall.com was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees).

c. Repeat Infringers
It is DhuMall’s policy to disable and/or terminate the accounts of users who are repeat infringers.

14. Conduct and Protection of the Users of iprimework.dhumall.com

DhuMall Freelance Services (www.iprimework.dhumall.com) is an unparalleled freelance marketplace that brings businesses and freelancers together. It is one of the best services offered by DhuMall – the global marketplace for companies and entrepreneurs to shop for various great products, services, and opportunities available in more than 200 countries and territories. DhuMall value trust and take utmost care for safety so that the fear of getting scammed does not stop our freelancers from pursuing their passion, freely. We also have unlimited opportunities and abundant job postings in many categories, so they can never run out of work. This section relates to the expected conduct users should adhere to while interacting with each other on DhuMall Freelance Services platform.

To report a violation of our DhuMall Freelance Services Terms of Service, Project Owners or Freelancers’ misconduct, or inquiries regarding your account, please contact freelance.support@dhumall.com.

a. General

To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers, or any other personal contact details to communicate outside of iprimework.dhumall.com in order to circumvent or abuse the iprimework.dhumall.com messaging system or iprimework.dhumall.com platform is not permitted.
Any necessary exchange of personal information required to continue a service may be exchanged within the Dashboard.
DhuMall does not provide any guarantee of the level of service offered to Project Owners. You may use the Conciliation Service provided to you in the terms and conditions herein.
DhuMall does not provide protection for users who interact outside of the iprimework.dhumall.com platform.
All information and file exchanges must be performed exclusively on the iprimework.dhumall.com platform.
Rude, abusive, improper language or violent messages will not be tolerated and may result in the suspension or removal of your account.
The users undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation, or otherwise and you acknowledge that such discrimination may result in the suspension or removal of your account.
Users may not submit proposals or solicit parties introduced through DhuMall to contract, engage with, or pay out of DhuMall.

b. Procurement

Users with the intention to defame competing Freelancers by ordering from competing services will have their reviews removed.
Users are to refrain from spamming or soliciting previous Project Owners or Freelancers to pursue removing or modifying reviews or canceling orders that do not alight a Procurement or Review policies.

c. Projects

Users may refer Projects to freelance.support@dhumall.com that may be in violation of DhuMall Freelance Services Terms of Service based on the reported Project’s replicated similarity to pre-existing services (copycat Projects).
Freelancers warrant any content included in their Projects shall be original work conceived by the Freelancers and shall not infringe any third-party rights, including, without limitation, copyrights, trademarks, or service marks. In the event that certain music or stock-footage media are incorporated within the Projects, Freelancers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Projects.
DhuMall will respond to clear and complete notices of alleged copyright or trademark infringement in Clause 13.

d. Reporting Violations

If you come across any content that may violate our Freelance Services Terms of Service, you should report it to us at freelance.support@dhumall.com.

e. Violations

Users may receive a warning to their account for violations of our Freelance Services Terms of Service. A warning will be sent to the user’s email address. Warnings do not limit account activity but can lead to your account losing Freelancer statuses or being permanently removed based on the severity of the violation.

f. Non-permitted usage

DhuMall strictly condones any exchange of adult-oriented or pornographic materials and services
Communication or DhuMall should be friendly, constructive, and professional. We condemn bullying, harassment, and hate speech toward others. We allow users a medium for which messages are exchanged between individuals, a system to rate projects and to engage on other services available at iprimework.dhumall.com.
Users’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another user’s account or computer environment is strictly prohibited. Please respect our user’s privacy by not contacting them with offers, questions, suggestions, or anything which is not directly related to their projects.
Users may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided within iprimework.dhumall.com. Freelancers further confirm that whatever information they receive from the Project Owner, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Project Owner. Any users who engage and communicate off iprimework.dhumall.com will not be protected by our DhuMall Terms of Use and Freelance Services Terms of Service.
DhuMall will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of the third party’s terms of service.
You may not create a false identity on DhuMall, misrepresent your identity, create a profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive, or otherwise harmful. DhuMall reserves the right to require users to go through a verification process in order to use iprimework.dhumall.com (whether by using ID, phone, camera, etc.).
Users are strictly prohibited from using iprimework.dhumall.com for any unlawful purposes or to conduct illegal activities.
To prevent fraud and abuse, users are limited to one active DhuMall Freelance Services account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the DhuMall users will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of DhuMall Terms of Use and Freelance Services Terms of Service are a cause for permanent suspension of all accounts.
We do not tolerate users who engage in targeted abuse or harassment towards other users on iprimework.dhumall.com.
Users cannot buy or sell DhuMall accounts.

15. Proprietary Rights

DhuMall owns all right, title and interest in and to, or otherwise possesses legally enforceable rights, or is licensed to use, all content, design, layout, patents, copyrights, technology, software, software tools, know-how, processes, trademarks, service marks, trade names, and other proprietary rights used in the conduct of DhuMall services, including but not limited to iprimework.dhumall.com. Users have no right, and specifically agree not to do the following with respect to iprimework.dhumall.com or any part, component or extension of iprimework.dhumall.com (including its mobile applications):

copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner;
reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization;
remove any copyright notice, identification or any other proprietary notices;
use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify iprimework.dhumall.com;
attempt to gain unauthorized access to, interfere with, damage or disrupt iprimework.dhumall.com or the computer systems or networks connected to iprimework.dhumall.com;
circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of iprimework.dhumall.com;
use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses iprimework.dhumall.com to monitor, extract, copy or collect information or data from or through iprimework.dhumall.com, or engage in any manual process to do the same,
introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems,
use iprimework.dhumall.com in any manner that could damage, disable, overburden or impair iprimework.dhumall.com, or interfere with any other users’ enjoyment of iprimework.dhumall.com or
access or use iprimework.dhumall.com in any way not expressly permitted by these DhuMall Freelance Services Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use iprimework.dhumall.com according to these DhuMall Freelance Services Terms of Service, DhuMall owns all rights, title, and interest in and to iprimework.dhumall.com (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with iprimework.dhumall.com and its content including, without limitation, the exclusive right to create derivative works.

16. No Warranty

a. As to each user’s purported identity
DhuMall cannot and does not confirm each user’s purported identity on iprimework.dhumall.com. We may provide information about a user, such as a strength or risk score, geographical location, or third-party background check or verification of identity or credentials. However, such information is based solely on data that a user submits, and we provide such information solely for the convenience of users the provision of such information is not an introduction, endorsement, or recommendation by us.

b. To iprimework.dhumall.com content
DhuMall provides no warranty as to the content of iprimework.dhumall.com as it is a dynamic time-sensitive platform. As such, information on the iprimework.dhumall.com will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate, or misleading or mislabelled or deceptively labelled accidentally by DhuMall or accidentally or purposefully by a third party.

DhuMall services, the iprimework.dhumall.com and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, DhuMall makes no representation or warranty about:

services on iprimework.dhumall.com or any user’s services;
the accuracy, reliability, availability, veracity, timeliness, or content of iprimework.dhumall.com or any user’s services;
whether iprimework.dhumall.com or any user’s services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
whether defects on iprimework.dhumall.com will be corrected;
whether iprimework.dhumall.com or any user’s services or any data, content, or material will be backed up or whether business continuity arrangements are in place in respect of iprimework.dhumall.com or any user’s services;
any third-party agreements or any guarantee of business gained by you through iprimework.dhumall.com or any user’s services; or
iprimework.dhumall.com or any user’s services or infrastructure on which they are based, being error or malicious code free, secure, confidential, or performing at any particular standard or having any particular function.

To every extent permitted by law, DhuMall specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability, and non-infringement.

17. Limitation of Liability

a. In no event shall DhuMall, our related entities, our affiliates, or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

any indirect, special, incidental, or consequential damages that may be incurred by the users;
any loss of income, business, or profits (whether direct or indirect) that may be incurred by the users;
any claim, damage, or loss that may be incurred by the users as a result of any of the users’ transactions involving the iprimework.dhumall.com platform.

The limitations on our liability to the users above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this DhuMall Freelance Services Terms of Service is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

To the extent that we are able to limit the remedies available under this DhuMall Freelance Services Terms of Service, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to our option, to compensate up to USD100.

b. Legal Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to the users. In that event, the liability will be limited as far as legally possible under the applicable legislation. DhuMall may plead DhuMall Terms of Use and DhuMall Freelance Services Terms of Service in bar to any claim, action, proceeding or suit brought by the users, against us for any matter arising out of any transaction or otherwise in respect of the DhuMall Terms of Use and DhuMall Freelance Services Terms of Service.

Users and DhuMall agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other users.

18. DhuMall’s Feedback Rights

Provided “As-Is”. The feedback, comments, and suggestions by users to DhuMall regarding the services provided by DhuMall, including those available at iprimework.dhumall.com, such feedback shall expressly exclude any and all user’s confidential information. Users shall have no obligation to provide feedback to DhuMall. User is providing the feedback “as is” without warranty of any kind. DhuMall’s has no obligation to implement any feedback it may receive from the users.
Ownership and License of Feedback. DhuMall owns and has all right, title, and interest in any feedback provided by users and users hereby grants to DhuMall a non-exclusive, non-transferable, worldwide, royalty-free, fully paid-up, perpetual, and irrevocable right and license to use such feedback in any form.

19. Confidentiality
Freelancers should recognize that there might be a need for the Project Owners to disclose certain confidential information to be used by Freelancers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Freelancers agree to treat any information received from the Project Owners as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Freelancers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Project Owners ‘permission.

20. Freelancer’s obligations and warranty
Freelancers warrant that all content included in their projects shall be the original work conceived by the Freelancers and shall not infringe any third-party rights, including, without limitation, copyrights, trademarks, or service marks. In the event that certain music or stock footage media are incorporated with the projects, Freelancers represent and warrant that they hold a valid license to use such music and or footage and to include them in the project. DhuMall will respond to clear and complete notices of alleged copyright or trademark infringement as in Clause 14. The Freelancers shall bear full responsibilities in the event third-party rights materials, including, without limitation, copyrights, trademarks, or service marks are being used in the projects.

Last updated on 13th January 2023