OVERVIEW - KADRAE
These Terms and Conditions (the "Agreement") are entered into between you (hereinafter referred to as the "User" and also as "you" or "your") and Kadrae Ltd, a company governed under the laws of the State of California, United States ("Kadrae", "Company", "we", "our" or "us").
Please review this Agreement since it affects your legal rights and obligations. If you cannot agree to be bound by this Agreement, do not access or use our Site (defined herein below). By using the Site, you hereby (i) agree to be bound by the same, and (ii) represent and warrant that you have the right, authority, and capacity to enter into this Agreement. Your visit to our Site is an indication that you have read and accepted this Agreement and that it will be effective every time you visit, or when you use our Services. Some websites that we provide to you may have additional terms when you access their services.
This Agreement includes and hereby incorporates by reference the Company's Policies. The Company's policies may be modified by the Company during the continuance of this Agreement, in its sole discretion. In the event of a conflict between any such policies and this Agreement, this Agreement shall prevail.
DEFINITIONS & INTERPRETATION
"Account" refers to your registered account that you sign up with the Company on the Site and has your email address.
"Site" refers to all Kadrae web pages operated and available at the Kadrae websites, which are operated and available at kadrae.com, including any of its regional or other domains or properties, and any related Kadrae services, tools or applications, specifically including mobile web, any iOS App, and any Android App, or API or another access mechanism.
"Client" refers to any User who uses his/her Account to buy services or items from Professionals or finds a Professional through the Site.
"Professional" means a User that offers and provides services or is identified as a Professional through the Site.
"Professional Services" means services provided by a Professional.
"Job/s" means a job offered or awarded through the Site to a Professional by a Client. This may take the form of a project that a Client listed, a project that a Client awarded, or a service that a Client bought from a Professional.
"Acceptable Payment Method" means a third party payment method or agent approved by the Company for buying Professional Services.
“Wallet” means the funds held in the User’s name.
"User Contract" means a contract for services in exchange for a fee between a Client and a Professional.
"Verification Icons” means the icons that are displayed on the User profile and Kadrae platform posts. This icon refers to Payment, Account, Email and Background check verifications.
"Inactive Account" refers to a User Account that has no activity for over six months or any other period determined by us.
"Kadrae Services or Services" mean multiple resources made available by the Company to the Users that may be accessed through any medium or device now known or hereafter developed and all services provided by Kadrae to all Users by making the Site available for the Users.
"Dispute Resolution Process" refers to the steps that must be taken by Clients and Professionals to resolve disputes, according to the Dispute Resolution Services.
"Intellectual Property Rights" means:
a. Patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and confidential information rights.
b. any application or right to apply for registration of any of the rights referred to above, whether they are registered or can be registered and whether they exist under any laws, at common law or in equity.
Any reference in this Agreement to a "written notice" or related expressions shall mean a notice given in writing to the email address that the party has nominated.
The headings of the Agreement are for convenience only and shall not affect its interpretation.
Unless otherwise specified, words importing the singular include the plural, words importing any gender include every gender, and words importing persons include bodies corporate and un-incorporate and (in each case) vice versa.
Reference to this Agreement or any other document shall, where appropriate, be meant as references to this Agreement or such other document as varied, supplemented, novated and/or replaced in any manner from time to time.
DESCRIPTION OF SERVICES
The Site is an online platform that connects clients with freelancers. All Users must register for an account to utilise Kadrae Services. Kadrae does not partake in online contractual agreements between Clients and Professionals. We only provide the connection between the two parties.
You must create an Account on the Site in order to enjoy our Services. To create an account on Kadrae, you must create a 'User Profile'. By creating an Account, you consent to your profile being shown to other Users on the Site. During registration, you shall be required to provide contact information, consisting of a valid email address, username and password. You agree to provide true, accurate and up-to-date information when completing your profile. You agree not to provide any false information about your identity, business, location, age, your skills and qualifications, the services your business provides, or your/your business contact details.
The registration shall be non-transferrable and shall be deemed to be conclusive proof that you use our Site. We reserve the right, with or without giving any reasons, to reject, remove, restrict or suspend any username.
You will have a personal User account that is free of charge. Do not share your login information with other Users. You are responsible and will be held accountable for all activities that take place on your account, without limitation. It shall be your sole duty to keep your username and password confidential and Company shall bear no responsibility for any access, use/misuse of the Site in connection with your Account. If you become aware of any unauthorized use of your Account, you must notify the Company in writing of such use.
To use our Site and enjoy our Services, you must:
• be able to form a legally binding contract.
• be at least or over the age of 18.
• be eligible to receive and render services according to the laws of the United States or other applicable jurisdictions.
• have a valid email address.
• be permitted to use the Site in accordance with your local laws.
You can use a business name or a company name for your User Account. However, if a business name is used for your account, you agree that Kadrae is not in contract with the business but with you as an individual. Therefore, you will be solely responsible for all activities on the account.
We are not under obligation to register any person or entity and can at our own discretion refuse to register any person or entity as a User.
Written consent must be given for you to transfer any rights or obligations under this Agreement.
At Kadrae, you sign up to a singular account, whether you are a User or Professional. Once registered, you will be able to switch between the Client dashboard and Professional dashboard.
(a) Client Dashboard
In the Client dashboard, you are able to post jobs, invite Professionals to bid and pay your Professionals for any work you have requested. You will be able to see all active bids, the amount in your wallet, buyer locker and seller locker.
(b) Professional Dashboard
Within the Professional dashboard, you are able to find Jobs, update your skills and work information, education, etc. You will be able to see all current projects, the amount within your wallet, buyer locker, and seller locker.
Identity/Know Your Client (KYC)
You agree that we can make inquiries, where necessary, directly or through third parties to confirm your identity.
At our request you shall be required to:
• provide extra information for proper identification.
• confirm that you own your email address and verify your payment method.
• confirm your information against third party databases or through other sources.
We may request personal identification documents to verify your identity which you must provide upon our request.
If the information that you provided for verification purpose, as requested, is not satisfactory, we have the right to close, suspend, or limit access to your Account, the Site and/or to Kadrae Services.
Your information can be updated on the site, as we see fit, to match any KYC documentation that has been provided; we reserve the right to do so.
For you to withdraw funds from your Account’s wallet, you must be Kadrae verified, if not, you will not be able to request a withdrawal. For more details, read the Know Your Client and Identity Verification Policy.
Kadrae’s goal is to ensure that the platform is a safe and fair marketplace for everyone to use. To help us put this goal in place, we request all Users to complete our ID Verification process.
Users verifying that they are who they are helps prevent fraud and strengthens Kadraes integrity. The ID verification also protects users by preventing someone else from running an account under your name and that no one except you is able to use your information.
It is important that users verify their identity. Kadrae wants to establish the genuine identity of the users by matching and verifying Government issued IDs with the user's identity from registration. Verified users are more likely to get awarded with jobs than those who are not verified.
There are two parts to the verification process; First is that Users must submit a scanned copy or high-quality digital photograph of their ID and second is that Kadrae team will review the information to verify the user's identity. The ID verification process may take a few days and Kadrae will flag users as verified once the document is deemed as matching with the user account. Kadrae will reach out to users if we need more information and clarification from you once the review process takes place.
To successfully verify your identity, the information provided during the account registration must match the name, address, and photo on the ID. All ID documentation must be in English such as Passports for easier verification. Kadrae will notify you, once your account is verified.
If you have any questions, you need clarifications or you need help with the verification process please contact us at https://www.kadrae.com/contactus
USING THE KADRAE WEBSITE
Subject to and conditioned on compliance with this Agreement and the other Site Policies, the Company grants you a limited license to access and, if you are a Client and/or Professional, to use this Site and Services for the purpose of enjoying the Services made available and authorized from this Site.
When using the Site, you will not partake in any of the following:
• Access or use the Site or Services for any reasons that are in competition with the Company.
• Post your content or items in unsuitable categories.
• Break the terms of this Agreement and our Company's Policies or third-party rights.
• Refuse to pay for the services that you received.
• Refuse to deliver services that Clients purchased from you.
• Take financial advantage of our fee structure, our billing process, or refusing to pay fees owed to Kadrae.
• Use any content of this Site on any other website or in a networked computer environment for any purpose except your own viewing. You must not frame or link to the Site except as permitted in writing by the Company.
• Post content, including images, videos, links or personal information that is deemed to be offensive, defamatory, misleading, inaccurate or false.
• Display, import, or challenge the feedback or reputation systems through any actions.
• Submit your Kadrae account and feedback to another party without our consent.
• Distribute unsolicited materials such as spam, chain letters, or destructive electronic communications.
• Try to harm, in any way, Kadrae, the Site, or the interest and property of Kadrae Users such as their Intellectual Property Rights, privacy and publicity rights by distributing viruses or any harmful technologies. Neither will you harass, incite hatred or cause distress to any User of the Site. Unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, and profanity are strictly prohibited.
• Download and display listings from our Site on other websites without our written consent or use any part of our Site on another website without authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of our software that we use on the Site.
• Change, copy, or distribute rights or contents from our Site or Kadrae' Intellectual Property Rights.
• Collect and store User information including their email address without their consent.
Kadrae reserves the right to update any Jobs remaining in open status that have exceeded their bidding date by more than 30 days to a future job.
By submitting your content to Kadrae, you are granting us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You accept and agree that:
• we act only as a platform to distribute and publish your online content. We do not guarantee that your content will be available on the Site. We will use our rights to act, as necessary, with respect to your content, but we are not obligated to do so.
• whether or not your content was showcased on the Site, we are not responsible nor will be held liable for any deletion or failure to store content.
• We are not under any obligation to accept User content. We may approve, reject or modify User content at our sole discretion.
You understand and agree that your content:
• will not infringe upon the right of publicity or the right of privacy of any person, or steal any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right.
• will not break any law or regulation.
• will not be offensive or contain any false statement.
• will not be explicit or contain child pornography.
• will not contain the development, design, manufacture or production of missiles or nuclear, chemical or biological or weapons of any kind.
• will not partake in any related terrorist activities.
• will not include any defamation of character about Users or any other individual; and
• will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
The Site may contain general health, financial, or legal related matters. This information is not advice and must not be taken as, or relied upon as professional advice. Please consult your professional advisor for assistance.
Your access to third party content such as feedbacks and articles on our Site is not monitored. We are not related in any kind or form to any third-party content that is posted on our Site. We only act as a portal and as such, we are not liable for any legal discipline under the law such as copyright, defamation, libel, privacy, obscenity, or other intellectual property.
Third Party Links
Links to third party websites may be accessible on the Site and we do not control any of those website's links. The content, products, services, practices, policies, or performance of third party websites that we link to are not endorsed by us. You will access and use third-party content on our Site at your own risk.
If you use our Site to delete, hide, or dispose of your information or content, it does not mean that your information or content is permanently deleted. To fulfill regulatory, compliance, statistical, law enforcement, record keeping, or any other obligations, information may be retained.
Third party advertisement and promotions are displayed on the Site. You agree that any loss or damage that occurs because you access these advertisements and promotions is your sole responsibility and we will not be held liable.
You also agree that the content of advertisements and promotions may have copyright, trademarks, service marks, patents or other intellectual property or proprietary rights and laws and you will not modify, sell, distribute, or plagiarise these contents.
Any reference on the Site to any specific commercial product, services or process by trade name, trademark, manufacturer, or otherwise, is for general information and does not necessarily constitute or imply its endorsement, recommendation, or favoring by us and such mention shall not be deemed to mean advertising or endorsement of such products, services or processes unless expressly stated by us.
Feedback, Reputation and Reviews
You agree to transfer the copyright of feedback, reputation or reviews consisting of comments and ratings that you left on the Site to Kadrae. You also agree that all feedback, ratings, reviews, and reputation belong to Kadrae and you are only granted permission to use such while you are a User. You will not use such feedback, reputation, and reviews in any way that is inconsistent with our Company's Policies as posted on the Site, without our prior written permission.
Any attempt to undermine the integrity of the Kadrae feedback system is prohibited. We have the right to suspend or terminate your Account if we have any reason or reasons to believe that our feedback system may be subverted based on your feedback rating or feedback that you have received.
Our feedback rating is used for Professional Services and belongs to us. It should not be used for any other purposes. Your Professional or Client feedback should not be used without our permission for marketing purposes in any real or virtual venue apart from a website operated by Kadrae or its related entities.
Unless you do not object, your business name, company name, logo, images, or other media may be used as part of our Kadrae Services and marketing promotions that relate to the Site. If you do not agree for your information to be used, you must notify us in writing.
By using our Site, you agree and acknowledge that we have the right to use the public description of your projects and profile information presented on the Site for marketing and other related purposes.
Closing Your Account
In the Account Settings, you will find the option that you will use to close your Account. You are free to close your Account at any time.
Account closure is subject to:
• no outstanding listings on the Site.
• settling outstanding matters (such as a suspension or restriction on your Account) and
• settling outstanding fees or amounts owing on the Account.
We may keep some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your Account does not necessarily delete or remove all the information we hold.
Infringing Intellectual Property Rights
We will respond to notices of alleged Intellectual Property Rights infringement. The design of our Copyright Infringement Policy makes submitting alleged infringement notices easy and makes it possible to receive limited notices that are fraudulent, cannot verify and are hard to understand.
Kindly contact us at email@example.com if you suspect a violation of your Intellectual Property Rights and we will undertake an investigation.
3 Day Cancellation
When connecting with users on Kadrae, it is important to keep a harmonious relationship with your Client or Professional, who are working closely with you on the project. Job cancellation should be the last resort after trying to communicate with the Professional or Client. But if a user suddenly becomes unresponsive while the job is in progress and no response is received for 3 days or more, a user (Professional or Client) may opt to request for a job cancellation.
Any user may request for a job cancellation even when in the process of working on the project. Either party should respond by accepting or declining the job cancellation based on the reason behind the cancellation request. If the other party agrees, then the Client (and only the Client) is eligible to cancel the job. Also, if the other party does not respond within 3 days of the requested cancellation, then the job will automatically be cancelled in the system.
CLIENTS AND PROFESSIONALS
The details you submitted to us upon registration may be used according to the provision of messaging services on the Site or in the mobile apps. This information includes your name, location, user name, or your image.
Fraud investigation, regulatory measures, risk management among other related reasons may warrant us to read your correspondence, and download, or access and test files that were uploaded, as well as programs and websites that you have visited that relate to your use of this Site.
You will deem to enter a User Contract once a Client awards a project and the Professional has accepted. The Client will agree to pay the Professional the necessary fees associated with the project and the Professional will agree to deliver the Professional Services according to the terms of the User Contract.
You agree not to enter into any contractual provisions that conflict with this Agreement and by reference Company's Policies.
If you do not fulfill your obligations to another User, you may become liable to that User.
It is your duty as a Client or Professional to know about the domestic laws (including common law), international laws, statutes, ordinances, and regulations that are relevant to you, your use of Site, Kadrae Services and Professional Services.
We do not enforce rights on behalf of Users under any User Contract. Therefore, in the case another User breaches any obligation to you; then you are responsible for enforcing your own rights.
In some jurisdictions, Professionals and Clients may have rights under statutory warranties that cannot lawfully be omitted. This Agreement does not intend to override a right that by applicable law may not be omitted. This Agreement does not intend to violate any laws relating to unfair contracts, and this Agreement has been specifically redrafted to ensure compliance with unfair contracts legislation.
The relationship between Clients and Professionals is that of an Independent contractor, to which all Users agree. This Agreement does not have anything that creates a partnership, joint venture, agency or employment relationship between Users and nothing in this Agreement shall in any way be taken as forming a joint venture, partnership or an employer-employee relationship between Kadrae and any User.
Users acknowledge that:
• Documentations for local jobs (or, for the avoidance of doubt, any non-local Jobs on the Site) are not reviewed by Kadrae.
• Kadrae facilitates matchmaking and platform services only. Interactions between Professional and Clients or any interaction concerning service and delivery are between both parties and Kadrae has no liability for these interactions. Kadrae provides a dispute resolution policy.
• For a local job, personal details such as your username, street number, telephone, etc., must not be disclosed in any Project and should not be posted anywhere on the Site or in any Project description. The job location may be disclosed for Local Jobs as required in private direct messaging.
• To facilitate local jobs, Kadrae may collect and share location related data from you via technologies including but not limited to GPS, IP address location, Wi-Fi, and other methods. Users specifically consent to this collection and sharing as part of these Terms & Conditions.
• If you fail to complete a service or a job it constitutes a breach of these Terms & Conditions.
• Any items purchased by the Professional as part of performing the service are between the Client and Professional.
By reading these Terms & Conditions, you acknowledge that:
• The action of Professionals to provide or perform any services through connections made on our Site or our application is not a responsibility of Kadrae.
• It is the responsibility of all Users on the Site to make sure that they have suitable insurance in place to cover any risks that may be associated with the Professional carrying out any agreed job.
• It is the responsibility of Users and Professionals to get the necessary insurance for health, personal assets, livelihood and reputation protection.
• Claims between Professionals and Users are not the responsibility of Kadrae and Kadrae will not be held liable for any such claim.
• To assist our Users, we have provided a link to an insurer on the Site for consideration. It is not compulsory or advisory to use this insurer and Kadrae will not be responsible for any actions undertaken by any third party insurance companies or brokers.
We take safety of our Users very seriously. Safety Buddy is a service to provide an additional level of safety for local jobs. Clients and Professionals have the option of providing a Safety Buddy email contact. If a Safety Buddy has been nominated by the Client or Professional, they will be notified of the job location and when the job is started and completed via the nominated email address.
Right to Refuse Service
It is our right to close, suspend or limit your account access without providing you with a reason.
Additionally, we may close, suspend or limit access to your Account for the following reasons:
• If we believe that you have breached this Agreement.
• Trying to re-negotiate the price of a project privately to avoid fees by bidding low.
• If we believe that you have infringed legal rights such as Intellectual Property Rights, which results in either actual or potential claims.
• If we determine that you are the culprit of, or engaging in a fraudulent or an illegal conduct.
• If you ignore the Account verification request.
• If your Account is not verified within 1 month of the date of the request.
•You are the subject of a United Nations, UK, Australian, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you.
• To manage any risk of loss to us, a User, or any other person.
• If you violate the terms of this Agreement and we close your Account because of such breach, you may be liable to pay the fees.
• Without limiting our other remedies, to the extent you have breached the terms of this Agreement, all fees owed to us must be paid immediately and you will also reimburse us for losses and costs, such as, but not limited to: legal fees, employee time, reasonable expenses.
You accept and agree that:
(a) because of your breach of this Agreement, we may sustain substantial damages that are difficult to determine and therefore will include (without limitation) fines and other expenses that our payment processors and Users have imposed on us.
(b) legal action may be taken against you if you breach this Agreement. You will have no claim against us if we close your Account in respect of any such suspension or termination of your Account, according to the provisions of this Agreement.
BASIC DISCLOSURE CERTIFICATE VERIFICATION
We aim to build a community that is based on trust and transparency. Therefore, we have created the Basic Disclosure Certificate Verification for our Users.
It is important that you get verified. Users that are verified are likely to get more jobs than those who are not verified.
Please use the link below if you wish to apply for a Basic Disclosure check if you are based in the UK.
Who Is a Verified User?
A verified User is one who has a clean police history.
Our verification provider will check that you do not have a Disclosable Court Outcome, meaning that you have a clean police record, and if the personal details that you have submitted to Kadrae match the DBS report that our verification provider submits to us, then your Background/DBS check will be flagged as verified on the User’s profile.
The Company is providing the service of verifying Users to build trust and harmony. It is also your responsibility to work with such User that you deem fit for your purposes. The Company shall, in no way, be responsible for any fraudulent activities of other Users.
What Does It Mean to Have A Disclosable Court Outcome?
If you have a disclosable court outcome it means that you have a police history. Your police history may include, but not limited to any of the following:
• Court convictions such as penalties and sentences.
• Guilty verdict but was not convicted.
• You appeared in court.
• Court dismissal for good behaviour and any other court matters.
• Pending court hearing.
• Charged for traffic offenses.
Is there an Expiration Date For The Verification?
Yes, your verification has an expiry date. You can update your status every 12 months by completing a new application.
The last date of the Basic Disclosure Check verification is shown on the Kadrae profile.
Note that the results of the Basic Disclosure Check show the status of your police record for the period it was issued. For example, if your police record is for six months, that is the length of time for your verification.
• The accuracy and quality of the Basic Disclosure Check depend on the accuracy of the identification and information, such as aliases, that you submitted on the application form.
• Kadrae Ltd is not responsible for the accuracy of these reports.
• Working with children/Vulnerable People Check is different from the Basic Disclosure Check.
Kadrae offers several membership programs for Freelancers and clients. Each membership program includes certain benefits and functionalities which you can choose from according to your needs. The membership programs entitle having a certain number of free “Tokens” which is provided monthly for Professionals to use in submitting proposals for Clients posted projects. Additional tokens can also be purchased once a Professional has used up their free tokens from their membership plan. Unused tokens will be rolled over to the following month as described on the Site. Roll over of tokens to the following month may vary depending on your membership program.
Users can change their membership plan at any time. If you upgrade your membership, you will be eligible to use all functionalities in the membership category. If you downgrade your membership, the functionalities of your account will be adjusted depending on the membership category you have selected. If you do not pay your membership fees at the beginning of your billing period, your account will automatically be downgraded to the unpaid membership plan ‘Insiders’. Kadrae reserves the right to change its membership plans at any time, upon reasonable notice as posted in advance on this Site.
For more information on the membership plans, upgrading, downgrading and canceling your membership plans, check the Terms and Conditions, FAQs, Membership Plans or contact Client Support.
Tokens are what Freelancers will use to submit proposals for the job.
Kadrae has 3 types of tokens:
Every month Tokens are provided to users depending on their membership plan:
Any unused tokens are either removed and replaced or rolled over to the following month depending on the membership plan. No users under the free tier will have more than 15 free tokens at any time.
Kadrae may at any time offer Professionals opportunities to gain tokens based on relevant offers which can be earned via various means.
These tokens are spent after the free tokens have been spent. Unused offered Tokens are rolled over to the following months until such time that they are all spent.
Tokens are sold in bundles and can be purchased on Kadrae from the standard payment methods.
Discounts are offered on purchasing of tokens depending on the user’s membership plan.
Tokens are used to submit proposals. Every bid reduces a Freelancer’s tokens. When all tokens have been used up, Users will not be able to send proposals. Usage of tokens will be spent according to this order:
While submitting proposals will require a certain number of tokens, which will be based accordingly with the bid amount:
Unused Offered tokens and Purchased tokens will automatically be rolled over to the following month.
Free tokens that are not used within a month will be replaced or rolled over in the succeeding month depending on the membership category status.
Users will be able to see the running history of their tokens (how many have been credited, debited and balanced out of each category) on their account.
PAYMENTS MADE THROUGH KADRAE
Payment Processing to Third Parties
The payment features on our Site are administered by PayPal. WE DO NOT COLLECT YOUR FINANCIAL INFORMATION NOR DO WE HAVE ACCESS TO THE SAME. To receive these services, you may be required to provide these third parties with Personal Information. Since such services and sites are subject to separate privacy practices and security protocols established by the third-party providers, please read the other sites’ terms and conditions to understand how your Personal Information is collected, used and protected when you visit those websites.
Acceptable Payment Method
All payments on the site shall be made and received using acceptable payment methods only. Kadrae, in its sole discretion may change, add, revise and remove acceptable payment methods from time to time.
Any deposit or receipt of payment besides acceptable payment methods shall be considered a violation of this Agreement.
The acceptable payment method are as per below:
• Credit Cards
Handling of Funds
When you have prepaid for services, fees or charges on the Site, the payment is held in a holding account in your name. When a Professional completes a project and the payment is released, the funds are transferred into the Professional’s Account as positive funds after fourteen (14) working days as per Kadrae’s Payment Protection Policy. Due to unavoidable circumstances or dispute over the funds or the Professional's Services (for which those funds were made), the time may increase.
Funds that are in your Account do not attract interest and as such you are not entitled to any form of interest.
This is what we may do if your Account has negative funds:
• Apply funds that you receive in your Account to set-off the negative amount.
• Payments that you made to another User Account on the Site will be reversed.
• Deduct your outstanding debt to us from money that is added to your Account.
• Suspend or limit your Account with immediate effect until you clear the negative balance.
If we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.
We reserve the right to collect any funds owed to us by any legal means.
You acknowledge and agree that:
• We do not provide banking or financial services to our Users because we are not a bank or a licensed financial institution.
• All the funds in your Account represent our unsecured obligations to you. It is your right to direct us to make payment on your behalf either for the purchase or sale of Professional services through the Site or provision of the Kadrae Services.
• We are not acting as a trustee or fiduciary with respect to such funds or payments.
• Your Account balance is not insured and does not guarantee a deposit.
• You can only receive funds in your Account by us and only the mechanisms available on this Site can be used to receive or release fund for Professional Services.
• Refunds will be sent to the original source and cannot be redirected to another payment source.
Limits & Fraud Prevention
We have the authority to suspend your request for withdrawal and any funds held in your name with Kadrae if we suspect that your request is fraudulent.
If we suspect that funds were transferred from another Account to your Account as fraudulent, we will reverse the transaction instantly. If the funds were paid to you, you must immediately deposit the funds back into your Account or your Account may be suspended, limited, or cancelled. Additionally, serious actions may be taken against you to recover those funds.
At our discretion, we may place a limit on some or all the funds in your Account if:
• We believe that you, your Account or any transactions or part of any transaction associated with your Account is of high risk or if we believe that your transaction may be reversed or a chargeback.
• We believe that you are not the recipient of the payment.
• We believe that the payment is directed to a country where we do not offer our Services.
• We are required to do so by law or applicable law enforcement agencies.
We may temporarily hold the funds in your Account’s wallet to cover any liability associated with any dispute that you are part of. If you win the dispute the limit will be lifted and your funds will be released. But if you do not win the dispute, we may remove the funds from your Account’s wallet. A limit may also be placed on your Account if you are suspected of fraudulent or unacceptable behaviour, while we conduct an investigation.
Request for Refunds
The funds in your Account’s wallet will be refunded to you whenever you ask for it except for fees or charges payable to us.
If your refund amount relates to our fees and charges, the process set out in the Clause "Disputes with Us" must be followed.
Upon agreement to a refund, the funds will be sent to the User via the original payment method.
Users may receive a refund without making a request if:
• It’s a requirement of the law or if we consider it to be a requirement.
• We believe the funds will prevent a dispute or an increase in our cost.
• It’s in accordance to our refund policy that is specified at the time of the occurrence, through our Site.
• It has come to our attention that your payment was fraudulent.
• The payment was duplicated in error.
• We believe that the refund is needed to prevent credit card chargeback.
To request a refund, please contact us by email at firstname.lastname@example.org or you can use our client support website.
By initiating a chargeback or any other request for information, you have expressly agreed that we can share your information according to this Agreement to counteract the chargeback request.
Requests for us to refund your funds that you have already requested as a chargeback from your credit card issuer will be denied.
We may suspend, limit, or deactivate your Account if we have reasons to believe that you have too many requests for refunds or chargebacks.
Your maximum monthly withdrawal limit is $10,000 unless you hold an alternative supporting agreement.
Before you can withdraw funds from your Account’s Wallet, we may ask that you verify your Kadrae User Account. The Know your Client and Identity Verification Policy will provide you with information on becoming Kadrae verified.
You agree and acknowledge that we and/or our payment partners will verify your identity and that additional information may be requested from you as part of our anti-fraud and Know Your Client policy, as outlined in the "Identity/Know Your Client" sections of this Agreement.
A chargeback is a dispute about a payment and a request for reversal of payment.
A chargeback is made by your credit card issuer and not by us. We are not responsible for chargebacks. It is the responsibility of your credit card issuer to make payments for a chargeback request.
You expressly consent and agree for us to recover all chargebacks and reversals that your payment product issuer or third party have imposed on us for funds that Clients paid to you through the Site. You also agree for us to recover any processing fees or any other fees we incur because of your chargebacks and reversals.
You agree and consent that payments that were made to you and are subject to chargeback or reversal through your product issuer or third party can be reversed by us.
By initiating a chargeback or any other request for information, you expressly agree that we can share your information according to this Agreement to counteract the chargeback request.
The currencies supported by Kadrae are US dollars. Jobs will be posted in US dollars. Kadrae will not perform any currency conversions. On completion of jobs, Professionals are paid in US dollars. Any currency conversion is completed by the receiving bank.
PAYMENTS PROTECTION POLICY
Kadrae uses escrow to enable Clients get the result they wanted, while also providing Professionals with assurance that they are paid for the work they complete. Clients pay for milestones, or the entire project where there is no milestone specified, during the awarding of the Job process.
Clients are protected via two specific methods. The payment to the Professional does not begin until the Client has approved the completion of the Job/milestone. There is then a 14 day period prior to the funds being moved into the Professional’s wallet where the Professional can initiate a withdrawal.
Disputes with Users
You expressly agree that if a dispute arises between you and another User concerning a project or the quality of service, you will first try to resolve the issue before contacting us. But, if the issue persists, we encourage you to contact us using the dispute form.
You also agree that any dispute arising between you and another User will be handled in accordance with this clause:
Kadrae has the right and power to decide on all disputes. Kadrae has the right to request documentation from both parties (Professional and Client) to support their dispute claim or position. You agree that Kadrae can accept or reject any documentation upon discretion. You also acknowledge that Kadrae’s decision is made as an ‘ordinary person’, because we are not a judicial or alternative dispute resolution institution. Kadrae does not guarantee that the documents received from both parties are true, complete or correct and you agree to protect and (to the maximum extent permitted by law) hold Kadrae and any of our affiliates harmless against any damages or liability you may suffer because of any documentation or material that are misleading.
In case of disputes with other Users, you agree to protect Kadrae from all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations and/or for Other Disputes.
The Kadrae Code of Conduct applies to all the Services offered by Kadrae. You agree that you will try to be fair and post reasonable and fair demands or offers on your dispute. Kadrae will not tolerate any conduct of threats, blackmail, intimidation or inducement of Users to leave positive feedback. Neither do we condone any refusal to provide either deliverables or payment in relation to the provision of feedback.
If a User is in breach of the conduct during a dispute resolution process, that User will automatically lose the case and Kadrae will rule in favour of the other party. Further disciplinary action may be taken against the User who breached the code of ethics. Please refer to the Code of Ethics and Professional Conduct for more information.
How to Raise a Dispute
If a dispute arises, Users may contact us using the Dispute form.
Users are required to be logged into their account to be able to raise a dispute. After logging in, click support at the bottom of the site and you will be redirected to https://support.kadrae.com. Once redirected, look for Dispute button and then click generate dispute. This will load Kadrae’s Dispute Form. The form must be completed fully and accurately to the best of your knowledge with as much information as possible.
Resolving Online Disputes
Please read the following regards to resolving online disputes on our platform:
• Kadrae encourages all Users to make a genuine effort to resolve their online disputes.
• If the dispute cannot be resolved between the Users please contact Kadrae for assistance.
• We expect that Users will cooperate with our investigations and we reserve the right to make a final decision.
• The final decision is based on the information we received from Users and we will instruct the payments provider to pay accordingly.
• It is our right to place on hold on any agreed price in the payment Wallet that is a part of the dispute until the dispute is settled.
• https://ec.europa.eu/consumers/odr this link is provided in accordance with Regulation (EU) No 524/2013 and Users will find more information on this link about online dispute resolution.
Disputes with Us
In the case of a dispute between Kadrae and Users, we will attend and address your concerns speedily. If we are unable to satisfactorily resolve your concerns, we will provide you with an alternative means for resolving the dispute quickly. You are encouraged to seek direct resolution first by visiting our Client Support Website or by emailing us at email@example.com.
For claims, we may choose to resolve the dispute in a cost-effective manner through a binding non-appearance-based settlement. If Kadrae chooses settlement, such settlement will be initiated through an established alternative dispute resolution (ADR) provider, which you will select from a panel of ADR providers that we will provide.
The ADR provider and the parties must comply with the following rules:
(a) The settlement shall be conducted by telephone, online and/or by writing. The specific communication method of conducting the settlement will be chosen by the party initiating the settlement.
(b) Unless mutually agreed by both parties, personal appearances or witnesses are not required.
(c) The award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against Kadrae must be resolved in accordance with the terms of this Agreement. Claims that oppose this Agreement shall be considered improperly filed and a breach of this Agreement.
Kadrae may recover its legal fees and costs (including in-house lawyers and paralegals) if you file a claim that does not align to the terms of this Agreement. Kadrae will notify you in writing of the improperly filed claim and if you fail to withdraw the claim promptly, Kadrae may recover its legal fees and costs.
You agree that you will not pursue any claims arising under this Agreement on a class or other representative basis and will not seek to coordinate or consolidate any settlement or action hereunder with any other proceeding.
If proceedings against you are held under the grounds of bankruptcy or insolvency law, Kadrae will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
Kadrae’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Payment Processing Fees
The payment processing fee is 2.5% + US$0.30.
A payment process fee is added to the cost of all awarded jobs and is payable by Clients at the time of job awarding payment.
Paying your Professional is easy!
Making payments on Kadrae is easy and simple. Kadrae accepts all major credit cards.
Visit our FAQ section for answers to your questions.
Professional Platform/Service Fee
There is currently no platform/service fees applied.
Payment Processing Fees
The payment processing fee is 2.5% + US$0.30.
Understanding your payment processing fee calculation!
When you receive payment on completion of your jobs, your Job will incur a 2.5% + US$0.30 payment processing fee.
Payment of Taxes
The payment of all taxes for goods and services or value-added taxes which are applicable according to the jurisdiction of the services provided, are your responsibility.
Depending on your location, you may be required to pay certain ad valorem or other taxes such as VAT if you are in the UK, on some of our fees. These taxes will be included in our fees, if applicable.
You must comply with your obligations under income tax provisions in your jurisdiction.
If you are registered for VAT, you may be able to charge VAT to UK Clients on some projects. On award of the projects, you will receive notification and will be asked to confirm and accept the appropriate VAT treatment.
Payment Protection Policy
There is a 14 day period prior to transferring of Client Funds into the Professional’s wallet. This ensures Clients get the results they want, while providing Professionals with an assurance that they are paid for completed jobs.
Clients will be paying for milestones, or the entire project when there is no milestone specified during the awarding of the Job. The Professional can see that the client is willing and able to pay as promised, while Clients don’t approve payment to the Professional until they are satisfied with the completed work. Payments to the Professional will not commence until the Client has approved the completion of the Job/milestone.
• Milestone Review
ENFORCEMENT OF THE AGREEMENT AND POLICIES
Without limiting the Company's other remedies, the Company shall have the right, but not the obligation, to suspend or cancel your access to the Site if :
(a) you breach any terms and conditions of this Agreement or other written policies and procedures posted on the Site, or violate Company's rights or those of another party;
(b) the Company is unable to verify or authenticate any information you provide to the Company; or
(c) the Company believes that your actions may cause legal liability to you, other users or the Company.
If your Account is suspended or terminated, you MAY NOT continue to use the Site under a different account or re-register under a new account. In addition, violations of this Agreement may be prosecuted to the fullest extent as permitted by law and may result in additional penalties and sanctions.
The Company, in its sole discretion, reserves the right to determine whether or not your use of the Site or Services is in conjunction with this Agreement.
OTHER LEGAL CONSIDERATIONS
Survival and Release
This Agreement replaces any and all other agreement made between you and Kadrae. For this Agreement to remain in full force and effect, any part that is found to be unenforceable will be limited to a minimum extent. Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this document. Occasionally, we may assign any of our rights and obligations under this Agreement.
You agree that Kadrae will not be held liable for any dispute between participants on this Site, or between Users and third parties. If you have a dispute with one or more other Users, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
Access and Interference
You agree that you will not try to access the Site or try to access our Application Programming Interface (API) by any means, such as using robot, spider, scraper or by any other automated means.
Additionally, you agree that you will not:
• do anything, or impose, or take any action (in our sole discretion, exercised reasonably) that will place an unreasonable or disproportionately large load on our infrastructure.
• interfere with any network connected to or used by you or us in any way or try to modify our software system in relation to the Site or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Sites without first receiving authorisation from Kadrae or the required third party, as applicable.
• try to sabotage or attempt to interfere with the proper working of the Site, Services or tools, or any activities conducted on or with the Sites, Services or tools.
• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
To avoid doubt, when conducting business on this online market, your name and your personal information are used for identity purposes only. For example, your information is used on invoices and purchase orders, but is not limited to between transacting parties, including those automatically generated on awarding, accepting and payment. No Personally Identifiable Information is provided to any 3rd parties outside of nominated payment processing organizations and to facilitate disputes with appropriate organizations.
If you breach this Agreement or infringe any law or the rights of third parties while using this Site and our Services, you will protect us (and our officers, directors, agents, subsidiaries, joint ventures and employees) against any claim or demand, including legal fees and costs, made against us by any third party because of your breach.
Additionally, available funds in your Wallet will be applied against any liabilities you owe to us or loss suffered by us because of your non-performance or breach of this Agreement.
No Warranty as to Each User's Purported Identity
We cannot confirm, and we do not confirm, that Users of this Site are whom they say they are. We can 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 and the provision of such information is not an introduction, endorsement or recommendation by us.
No Warranty as to Content
Due to the fact that the Site is dynamic and time-sensitive, information will change frequently. Some information may be considered offensive, harmful, inaccurate or misleading, or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.
Our Services, the site and all content on it do not have warranties either expressed or implied and are provided on an 'as is', 'with all faults' and 'as available' basis.
Without limiting the foregoing, we make no representation or warranty about:
• our Services and our site.
• our site contents and accuracy, reliability, availability, veracity, timeliness or any Professional Services or Kadrae Services.
• whether the site or Professional Services or Kadrae Services will be up-to-date, uninterrupted, secure, error-free or non-misleading.
• if site flaws will be corrected.
• whether the site, the Professional Services or the Kadrae Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the site, Professional Services or Kadrae Services.
• any third-party agreements or any guarantee of business gained by you through the site, Professional Services or Kadrae Services or us or
• the site, Professional Services or Kadrae Services or infrastructure on which they are based, is an error or malicious code free, secure, confidential or performing at any standard or having any particular function.
As permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for any purpose, quality, suitability, and non-infringement.
Limitation of Liability
No member of our staff, our related entities, or our affiliates are liable whether in contract, warranty, tort (including negligence), or any other form of liability, for:
• your indirect, special, incidental or consequential damages.
• your direct or indirect loss of income, business or profits or
• claim, damage, or loss caused by you, or to you, as a result of using our Site.
The limitations of this liability shall apply whether we, our affiliates or staff entities are aware or have been advised of the possibility of such losses or damages arising.
No part of this Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where applicable law prohibits such exclusion.
If we can limit the remedies available under this Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by any law to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Kadrae services again or the payment of the cost of having the Kadrae services supplied again.
If some of these exclusions or limitations may not apply to you because some jurisdictions do not allow some of the exclusions or limitations stated above, we will limit the liability as legally possible under the applicable legislation.
We may plead this Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this Agreement.
You (User) and Kadrae both agree that you (User) and Kadrae will only be permitted to bring claims against each other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
Unless otherwise agreed by both of us, the arbitrator may not consolidate 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) 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.
Legal notices will be sent to your registered email address. Unless the sending party is notified of an invalid email address or that the email was not delivered, notice will be deemed as 24 hrs after this email is sent.
You may also receive legal notification by mail to your registered address, which will be deemed given three days after the day of mailing.
Law and Forum for Legal Disputes
This Agreement is governed in all respects by the laws of the State of California, United States. Please try to solve all your disputes by using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved, then you and Kadrae irrevocably submit to the exclusive jurisdiction of the courts of the State of California, United States.
The provisions of this Agreement are severable. If any part of this Agreement is found to be invalid or unenforceable, that part will be removed, and the rest of the Agreement will still be enforced.
Without having your consent, we can assign this Agreement to an associated entity at any time, or to a third party in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer, you will remain bound by this Agreement.
Rights of Third Parties
This Agreement does not confer rights on any third parties. Therefore, the Rights of Third Parties Contract Act shall not apply.
If we do not utilise our rights to act upon a breach caused by anyone, it does not give you the right to act with respect to subsequent or similar breaches. Nothing in this section shall omit or restrict your liability arising out of fraud or fraudulent misrepresentation.
You can withdraw your consent to receive notices and information via electronic media about the Site and our Services from us at any time.
Please make sure that you read and understand this Agreement and all our Company Policies, because they contain the rules for you to conduct trading on our Site. In addition, you must check our help pages for more rules that may be in effect.
All our Company Policies and all policies referenced in them are part of this Agreement and provide additional terms and conditions related to specific Services offered on our Site, including, but not limited to:
• Dispute Resolution
These Company Policies may be changed occasionally and take effect as soon as they are posted on the Kadrae Site.
When using our Services, you are subject to any posted policies or rules applicable to Services you use through the Site, which may be posted from time to time. All such policies or rules are incorporated into this Agreement.
This Agreement is between you and Kadrae and it contains the entire understanding and agreement between you and Kadrae. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our Services), Release, Content, No Warranty as To Content, Limitation of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.
Kadrae reserves all rights, without limiting any other remedies, to limit, suspend or terminate our Service(s) and/or User Account(s), suspend or ban access to our Services, remove any content, and to take all technical or legal steps to ban Users.
Without limiting the reasons for taking the above-mentioned actions, prohibited usage giving rise to this response could include:
• illegitimate use and non-bonafide purpose of our Services.
• creating problems with other Users or potential legal liabilities.
• infringing third-parties' Intellectual Property Rights.
• acting inconsistently with the letter or spirit of any of our Company Policies.
• abusing our staff members through inappropriate communication or abuse.
• poor performance in the preferred Kadrae Program.
• attempt to use the Kadrae platform or Services for other reason than its intention.
Please contact us by using our client support Website, or email us at support.kadrae.com in case you have any questions about this Agreement, or if you wish to report breaches of this Agreement.
The substantive laws of the State of California shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties, without giving effect to any choice of law or conflict of law rules and provisions (whether of the State of California or of any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. The Unitholders and the Company hereby consent and agree that the courts of the State of California shall have jurisdiction over any matter related to, or arising out of, this Agreement or the Company, including the interest of any Unitholder in the Company or the act of any Unitholder pursuant to this Agreement.