Terms and Conditions
Cookie Policy
Privacy Policy
Документ опубликован 17/08/2020

Terms and Conditions

1. General

1.1. These Terms and Conditions (hereinafter referred to as “Terms and Conditions”, “Terms of Services”) govern the relationship between Remote Staffing Platform Limited, a company incorporated and existing under the laws of the Republic of Ireland, registration No. 655555, having its registered office at the following address: THE BLACK CHURCH, ST. MARY'S PLACE, DUBLIN 7, D07 P4AX, and Business Address at 32, Spyrou Kyprianou Avenue, Issa Court, Office 104, 6058 Larnaca, Cyprus, the owner of the https://talentpowered.team/ website (hereinafter referred to as “the Website”, “the Platform” or “the System”), and the User of the Website (hereinafter referred to as “the User”, “the Website User” or “the Registered User”), and constitute a binding agreement between TalentPowered and the Website User. By accessing the Website, the User agrees to these Terms and Conditions.

1.2. Definitions

User - an individual or a legal entity registered on the Website. The User can be either an Employer or a Freelancer.

Employer – a Website User acting as an employer or a project owner who purchases certain works or services on a project for a certain fee.

Freelancer – a Website user acting as an executor who offers and provides other users with the implementation of certain works or services on a project for a certain fee. The relationship between the Employer and the Freelancer is an independent contractor relationship. Nothing in the Agreement between them creates a partnership, joint venture, agency or employment relationship between the Users. Nothing in such an Agreement can in any way be construed as the creation of a joint venture, partnership or relationship between an employer and an employee, implying an employment contract.

Payment system – one or more payment service providers for receiving payments and withdrawing funds.

Personal Account – a section of the Website which is accessible only to a Registered User and associated by email address.

Project – a work or a service which the Employer offers to perform or acquires through the Website, which includes 1 (one) Milestone or several Milestones, and a work or a service which the Freelancer performs through the Website. The Project cost is the total cost of the Project Milestones.

Milestone – a  part of the Project, the work or the service of which the Employer offers to complete or acquire through the Website, which includes 1 (one) Task or several Tasks, and a part of the Project, work or service that the Freelancer performs through the Website.

Task – an action which must be performed as a part of the Milestone.

1.3. The Website is distributed on the worldwide computer network Internet and includes information, materials and data provided by TalentPowered and registered Users.

The Website provides a service for finding a professional engagement such as participating in the implementation of a project or a project stage or solving a specific task (hereinafter referred to as “the Project/ Milestone/Task”) and selecting professionals for its implementation, as well as the interaction of those Website Users, who are involved in a specific Project/ Milestone/ Task, using an internal project management system. Registered Users of the Website, who create the Project/ Milestone/ Task, manage and pay for the work, are hereinafter referred to as the “Employer ”. Registered users participating or interested in participating in the Project/ Milestone/ Task as a contributor are hereinafter referred to as the “Freelancer”.

TalentPowered is not a party to any contractual agreements between the Employer and the Freelancer concluded by them online or in any other way.

The Website provides to its Registered Users:

  • functional capabilities to post information about the Project/ Milestone/ Task; find and choose a contractor; interact with other Website users within the Project/ Milestone/ Task; manage a Project/ Milestone/ Task; propose their own, accept or decline terms of work; control the status of works; accept or decline the result of work; in case of disagreement with the results of the work performed, initiate the settlement of disputes in accordance with the procedures provided for in Section 7 of these Terms and Conditions; pay commissions for the work performed through the use of the Platform; control the movement of funds in one’s personal account (Employer);
  • functional capabilities to post information about their experience and find a Project/ Milestone/ Task suitable to participate in; interact with other Website users within the Project/ Milestone/ Task; accept, reject or propose their own conditions for the implementation of work on the Project/ Milestone/ Task; get paid for the work performed (the Freelancer);
  • acceptance of payments from the Employer and withdrawal of funds by the Freelancers, including currency exchange services in connection with operations in local currency, are carried out in a secure environment by one of the TalentPowered payment Service Providers at the discretion of the TalentPowered Platform Users (hereinafter referred to as the “Payment system”).

1.4. The User is an individual or legal entity registered on the Website. The User’s access to the Website (i.e. the User entering their login and password into the Website authorization system and the User’s authorized login to the Website) means that the User accepts and agrees to comply with all the conditions below for using the Website, including the Privacy Policy and Cookie Policy.

1.5. By accessing the Website, as indicated in clause 1.3. above, the User agrees that TalentPowered is not financially liable or responsible in any way whatsoever for any unlawful actions of third parties that infringed or could infringe the legitimate rights and interests of the Users of the Website or any other rights and interests protected by law.

2. User Registration

2.1. Any individual with unlimited legal capacity to make deals and conduct transactions in accordance with applicable law at the place of permanent residence, or a legal entity being an Internet user, can register a User account for free as the Employer or the Freelancer.

2.2. To register on the Website, the User shall provide the following contact information:

  • For individuals: a valid mobile phone number, a valid e-mail address, full name in accordance with the passport data. By registering on the Website, an individual thereby confirms that he or she has the legal capacity to make deals and conduct transactions under the laws of the place of permanent residence and this legal capacity is not limited in any way. TalentPowered is not responsible for claims related to the discovered inaccuracy of this statement of the User.
  • For legal entities: a valid mobile phone number of the authorized person, a valid e-mail address of the authorized person, his or her full name in accordance with the passport data. The fact of registration of a legal entity on the Website is a confirmation on behalf of this legal entity that the registration was made by an authorized employee or representative of a legal entity, and in accordance with applicable law there are no restrictions on the registration of a legal entity on the Website. This fact of registration of a legal entity on the Website shall be considered as a confirmation of acceptance by the legal entity of the obligations associated with the use of the resources of the Website and the implementation of these Terms and Conditions. TalentPowered is not responsible for claims related to the discovered inaccuracy of this statement of the User.

All User accounts are created and managed by individuals, including individuals representing users who are legal entities. Credentials should not be transferred by the Users to other persons. The person associated with the account is responsible for all actions taken on behalf of the User who owns the corresponding account, without any restrictions.

2.3. Upon registration, the User shall perform actions proposed on the Website in order to confirm that the User actually has access to the specified e-mail address.

3. Use of Documentation Posted on the Website

3.1. All and any information posted by TalentPowered on the Website, including, but not limited to excerpts from books and articles, articles and other similar texts, photo and video images, illustrations, website design, is the subject of intellectual property and is protected in accordance with applicable intellectual property law.

3.2. By posting any information on the Website, including, but not limited to excerpts from books and articles, articles and other similar texts, photo and video images, illustrations, the Website User confirms that the publication and placing of this information does not violate the rights of third parties and indemnifies TalentPowered from liability for claims of third parties in connection with the violation of their intellectual property rights.

3.3. The Website may contain hyperlinks to third-party web pages. TalentPowered is not responsible for the content of such web pages and makes no representations about such web pages or their contents as its own, since TalentPowered does not control the information on such web pages and is not responsible for the content and information provided on them. The use of such web pages is solely under the responsibility of the User and at their own risk. The User is solely responsible for using these web pages and do so at their own risk.

4. Rights and Responsibilities of the Website Users

4.1. The User of the Website has the right to use their account for authorized access to the information contained on the Website.

4.2. The User has the right to delete their account by sending a written request to TalentPowered at support@talentpowered.team.

4.3. The User shall not take actions aimed at disrupting the functioning of the Website, including transmitting or uploading to the Website or through it (as user-generated content or in any other way) any malicious code. “Malicious code” means any software that: (a) is intended to damage, violate, disable, interfere, intercept, expropriate or otherwise interfere with any data, storage media, program, system, system functionality, equipment or communications based on any event, including, for example, but not limited to: (i) exceeding the number of copies, (ii) exceeding the number of users, (iii) passing a period of time, (iv) advancing to a specific date or other figure, or (v) using a specific function; or (b) allow an unauthorized person to cause such a result; or (c) allow an unauthorized person to access another person’s information without knowledge and permission of such other person.

4.4. The User shall provide truthful and not misleading information when registering on the Website and using the Website.

4.5. The User shall provide identity documents at the request of the Payment system to verify payments using the functionality of the Website.

4.6. The User shall faithfully comply with all requirements of the applicable legislation, including, but not limited to, the legislation governing civil transactions, intellectual property law, and tax law.

4.7. The User unconditionally and irrevocably exempts TalentPowered from property or any other liability on claims of applicable official authorities and third parties related to the violation of legally protected rights and interests as a result of actions assumed in violation by the User in accordance with these Terms and Conditions and other illegal actions by the User.

5. Rights of TalentPowered regarding the Website

5.1. TalentPowered has the right to:

  • require the User to confirm the data used during the registration on the Website and other data posted by the User on the Website, timely provision of complete information about the User and/or the company which the User represents, including the provision of official documents to confirm the identity of the User, and to release and indemnify TalentPowered from liability for any adverse consequences of the User posting inaccurate or incorrect data on the Website, as well as data that violate legally protected rights and interests of other Users of the Website and other third parties;
  • monitor the actions of the User on the Website;
  • restrict the User’s access to the Website, including by blocking the User’s account in case of a security threat or unauthorized actions in relation to the data posted by the User on the Website, and other security threats or doubts about the legality of using the User’s account;
  • limit the available functionality of the Website for the duration of technical works on the Website;
  • change from time to time these Terms and Conditions of the Website without prior approval from the Users or targeted notification of each User. Without detracting from this, upon log in their personal account, each User receives a notice of amendments, if any, a link to the current version of Terms and Conditions and, if they continue to use the Website, the Users thereby confirm their agreement with the amendments;
  • send informational messages to the User;
  • change or add to the Website information, functionality, services described on it. At the same time, TalentPowered shall not be liable to the Website Users or anyone else if an error is found in the information provided by other Website Users or if the information is not relevant.

5.2. TalentPowered shall:

  • ensure the functioning of the Website, including identification and authentication of the Users, settlement of accounts between the Users of the Website, as well as the interaction among the Website Users (chat, video conference, e-mail);
  • guarantee the integrity and immutability of the data of the Website Users;
  • keep records and statistics of appeals of Website Users;
  • protect the User’s personal data in accordance with the requirements of applicable law and Privacy Policy;
  • protect data of the Website Users’ account balance and movement of funds.

6. Liaison Protocol and Settlement of Accounts

TalentPowered is not a party to any contractual agreements between the Employer and the Freelancer concluded by them online or in any other way.

The Website provides an opportunity for the Employer to find specialists for the implementation of Projects in various business fields, and for the Freelancer to find and participate in the implementation of the Project or the Project Milestone, as well as manage remote work on the project using the internal project management system.

TalentPowered is not engaged in the search and recruitment of the Freelancers for the Employers, and is not engaged in the search and selection of Projects for the Freelancers. The Website’s functionality allows the Freelancers to set up notifications in their personal accounts about the projects which may correspond to their request, and the Employers to set up notifications in their personal accounts about the Freelancers who can offer services which match their request. At the same time, the Users are solely responsible for evaluating and selecting the Employer's Project for participation or the Freelancer to implement works under the Project. If the Users decide to conclude an agreement for the execution of the works under the Project, the Agreement for the works under the Project shall be concluded directly between the Users, and TalentPowered shall not be a party to this Agreement.

6.1. Developing the Project/ Milestone

The Employer  develops and initiates the Project/ Milestone, describes its content and the basic requirements for the implementation in the tasks within the Milestone, including, but not limited to, the terms of reference, qualification requirements for the contractors, the required deadlines and  basic quality criteria, and places the relevant information on the Website using its functionality. Employer can independently search for the contractor(s) by sending offers to the Freelancers registered in the System, selected according to their professional skills, work experience, reviews and other filtering tools provided by the System, or to wait for the prospective Freelancers to send their applications for participation in the project.

6.2. Coordination of the Conditions for the Implementation of the Works under the Project/Milestone

The Employer offers, and the Freelancer accepts, the terms for the implementation of the Project/Milestone, including tasks within the Milestone. The prospective Freelancer also has the right to offer their own terms for the implementation of the Project/Milestone and tasks within the Milestone, and the Employer has the right to accept or reject these terms.

After acceptance by both parties (the Freelancer and the Employer) of the conditions for performing works under the Project using the Website functionality (by clicking the "Accept" button in the system), the Employer and the Freelancer are considered to have concluded the Agreement, according to which the Employer agrees to purchase the service at the cost, amount and deadline, and the Freelancer agrees to provide the service for the execution of the works according to the indicated cost, volume and deadline under the Agreement: the System records the #ID of the Project, the data of the Employer and the Freelancer, the date and time of adoption of the Agreement by the Freelancer, the date and time of the deadline under the Project/Milestone and the Tasks under the Milestone, and the Project/Milestone cost. The Users have the right to conclude an additional agreement outside the Website that supplements, but does not contradict, the Agreement concluded on the Website. The Users are fully responsible for compliance with their obligations to the other Users.

TalentPowered shall not be responsible for the observance of any rights under the Agreement between the Employer and the Freelancer; does not guarantee the truthfulness or accuracy of information on the Website provided by the Users; does not check any reviews or information provided by the Users about the Employers or the Freelancers; does not check or does not examine the data of the Employers or Freelancers in any other way; does not control or evaluate the Employers or the Freelancers or their work and is not responsible for any project, project conditions or the result of work performed on the project.

Each User acknowledges and agrees that the relationship between the Employer and the Freelancer is an independent contractor relationship. Nothing in the Agreement between them creates a partnership, joint venture, agency or employment relationship between the Users. Nothing in such an Agreement shall in any way be construed as the creation of a joint venture, partnership or relationship between the employer and the employee, implying an employment contract.

There are two options for the work implementation on the Project/ Milestone, namely, the performance of works with a fixed rate of “Fixed” or the performance of works with an hourly rate of “Hourly”.

6.2.1. Fixed Rate

The Fixed rate and the deadline for completing works on a specific Project/ Milestone is determined by the Employer at the stage of creating the project and specifying the basic requirements for its implementation. After acceptance of the project terms and conditions by the Freelancer, the system forms the final cost of the works factoring in the TalentPowered commissions, indicating the requirements for the project: deadlines, cost and result. The Employer offers, and the Freelancer accepts the terms of the Agreement by clicking the "Accept" button in the system. The system records the #ID of the project, the data of the Employer and the Freelancer, the date and time the Agreement was accepted by the Freelancer, the deadline of the Project/ Milestone and tasks within the Milestone, and the cost of the Project/ Milestone.

The Project/ Milestone may be suspended or prematurely terminated only by the Employer in the manner and in accordance with the procedures provided for in Section 7 of these Terms and Conditions.

6.2.2. Hourly Rate

The Hourly rate and the deadline for the implementation of the Project/ Milestone, including tasks within the Milestone and the number of hours necessary to implement them, is determined by the Employer at the stage of its development and initiation. After accepting the project terms and conditions by the Freelancer, the system calculates the final cost of the project, factoring in the TalentPowered commissions, indicating the requirements for the project in the system: deadlines, cost and result. The Employer offers, and the Freelancer accepts the terms and conditions of the Agreement by clicking the "Accept" button in the system. The system records the #ID of the project, the data of the Employer and the Freelancer, the date and time the Agreement was accepted by the Freelancer, the deadline of the project (date and time), and the cost of the project.

The project may be suspended or prematurely terminated only by the Employer in the manner and in accordance with the procedures provided for in Section 7 of these Terms and Conditions.

6.3. Depositing Funds

TalentPowered is not a bank or any other licensed financial institution and does not provide the Users with banking services or any financial services. TalentPowered provides the Users with escrow services in a secure environment with the help of TalentPowered Payment Service Providers at the Users' option (the Payment System). The Payment System allows the Freelancers to accept payments from the Employers and withdraw the funds, including currency exchange services in connection with operations in local currency. The Payment System is intended to escrow only for the purpose of paying for the Project/Milestone, and not for personal, family, household or other purposes.

The Employer deposits funds to their personal account using the payment system in the amount necessary to pay for the Project/ Milestone, factoring in the TalentPowered commissions.

Upon the adoption of the Agreement for the execution of works under the Project/ Milestone and tasks within the Milestone by the Freelancer, in accordance with paragraph 6.2 of these Terms and Conditions the Employer agrees to deposit the amount of the Project/Milestone cost taking into account the TalentPowered commissions. The System blocks funds deposited by the Employer on the personal account of the Employer to guarantee payment for the works performed and is simultaneously indicated in the personal account of the Freelancer as the amount expected to be paid, and the commission is transferred in favor of TalentPowered.

If the Employer does not have enough funds on their account to cover the cost of the project, factoring in the TalentPowered commissions, the project cannot be started. For the period until the account is replenished, the action of blocking the project is in effect. The System notifies the Employer about the necessity to replenish the account, and notifies the Freelancer about the possibility of revising the terms for the works on the Project/ Milestone, and also provides the possibility of refusing to perform works on the Project/ Milestone without any penalties.

The Users can have a positive balance of funds in their account on their personal account. The Users are not entitled to any interest or other income for funds recorded in the account on their personal account.

The Freelancer may begin to perform works under the Agreement after accepting its terms and conditions by both sides provided that sufficient funds have been deposited and the Project/ Milestone is not blocked by the System.

In case of Project/ Milestone cancellation or its early termination by the Employer, the amount of the Project/Milestone will be unlocked on the account in the personal account of the Employer, from which the cost of the works performed by the Freelancer is paid in accordance with paragraph 6.5 of these Terms and Conditions. The TalentPowered commission is not returned. 

The Employer has the ability to withdraw free funds from their personal account using the payment system.

6.4. Transfer and Acceptance of the Results of the Performed Works under the Project/Milestone

The Freelancer in their personal account notes the completed tasks for the Project/Milestone as completed and ready for review, and sends the results of the performed works using the Platform functionality for the Employer’s consideration no later than the date specified in the Agreement. In case of non-compliance of the deadline under the Agreement, penalties are applied to the Freelancer in accordance with Section 6.6 of these Terms and Conditions.

The Employer shall consider the results of the works performed on the Project/Milestone within 3 (three) calendar days from the date they were sent by the Freelancer in the manner prescribed above: the results of the works performed using the platform functionality shall be accepted or rejected.

If the Employer accepts the results of the completed works under the Project/Milestone from the Freelancer, the system automatically transfers funds to the Freelancer's account in their personal account within 3 (three) calendar days. After the system transfers funds to the account of the Freelancer, a Dispute and Arbitration, as defined by Section 7 of these Terms and Conditions, cannot be opened.

If the Employer rejects the results of the Freelancer's works performed, the Employer has the opportunity to open a Dispute and/or Arbitration, as defined in Section 7 of these Terms and Conditions.

In case of inactivity of the Employer within 3 (three) calendar days after sending the results of the works performed by the Freelancer, the system automatically transfers funds to the account of the Freelancer in the TalentPowered personal account for the works performed under the Agreement.

6.5. Getting Paid for the Work performed

Upon completion of works by the Freelancer under the Agreement with the Employer, in accordance with paragraph 6.4 of these Terms and Conditions, within 3 (three) calendar days the System automatically transfers the funds to the personal account of the Freelancer. After the system transfers the funds to the account of the Freelancer, disputes and arbitration cannot be initiated as determined by Section 7 of these Terms and Conditions.

In case of early termination of the Project/ Milestone, the Freelancer receives payment in accordance with the cost of the completed milestone of the project. In case of the Fixed rate, reimbursement to the Freelancer is calculated on the basis of the fixed cost of the fully completed milestones of the project, and, in case of the Hourly rate, reimbursement to the Freelancer is calculated on the basis of the cost of fully completed tasks and the actual hours spent on the completion of the tasks.

The Freelancer has the ability to withdraw funds from their personal account using the payment system.

6.6. Commissions and Penalties

TalentPowered withholds a commission of 10% of the cost of the Project/ Milestone from the Employer. The commission is automatically calculated when the cost of the Project/ Milestone is assessed. Using the payment system, the Employer transfers the amount equal to the cost of the Project/ Milestone and the accrued TalentPowered commission to their personal account. Upon the adoption of the Agreement for the execution of works on the Project/ Milestone by the Freelancer, the amount of the cost of works is debited from the personal account of the Employer and is simultaneously indicated in the personal account of the Freelancer as the amount expected to be paid, and the commission is transferred in favor of TalentPowered in accordance with paragraph 6.3 of these Terms and Conditions. In case of project cancellation or its early termination by the Employer, the amount of the Project/Milestone is unlocked on the account in the personal account of the Employer, from which the cost of the works performed by the Freelancer is paid in accordance with paragraph 6.5 of these Terms and Conditions.   The TalentPowered commission is not returned.  

TalentPowered charges a penalty of 2% of the amount paid for the Freelancer as the cost of the works if the Freelancer did not send the results of the works performed under the Agreement with the Employer within the time period specified in the Agreement using the Platform functionality, but no later than 3 (three) calendar days: 1% of the cost of works is transferred to the Employer as a compensation for failure to meet the deadlines under  the Agreement, 1% of the cost of works is transferred to TalentPowered as a compensation for non-compliance with the Platform Terms and Conditions. Upon expiration of this period, the works under the Agreement with the Employer is deemed as not executed by the Freelancer, and the Employer has the right to initiate a Dispute and/or Arbitration or cancel the project. In case of cancellation of the Project/Milestone or its early termination at the initiative of the Employer, the amount of the Project/Milestone is unlocked on the account in the personal account of the Employer, from which the cost of the works performed by the Freelancer is paid in accordance with paragraph 6.5 of these Terms and Conditions. TalentPowered’s commission is not refundable.

The Employer has the ability to withdraw the funds which were not blocked by the System from their personal account using the Payment System in accordance with the paragraph 6.7. of these Terms and Conditions.

6.7. Returning Funds and Payments

In case of early termination of the Project/Milestone at the initiative of the Employer, the cost of the Project/Milestone minus the cost of the fully completed milestones of the project if a fixed rate applies, or the cost of fully completed tasks at the project milestone and the actual hours spent completing these tasks if the hourly rate applies, shall be unblocked by the System and shall be returned to the Employer’s account in their personal account.

TalentPowered commission is not refundable.

The cost of the Arbitration service is not refundable, regardless of whether the Arbitration took place or not.

The Employer and the Freelancer are able to withdraw available funds from their account in the TalentPowered personal account using the Payment System once every 14 days.

7. Settlement of Disputes

7.1. Self-settlement of Disputes by the Parties (a Dispute)

The Employer has the right to block the payment in favor of the Freelancer in case of perceived improper performance of works under the Agreement in accordance with the material provisions of the latter, as defined in clause 6.1. of these Terms and Conditions. In this case, the Employer sends motivated objections to the Freelancer using the functionality of the Website. The parties are given the opportunity to independently settle issues within 3 (three) calendar days from the moment the Employer sends motivated objections to the Freelancer, including by entering amendments to the material provisions of their Agreement, that is, open a dispute. If, after the expiration of the specified 3 (three) calendar days, the Employer has not used procedures provided for in clause 7.2. below, the payment in favor of the Freelancer is automatically unlocked by the System.

7.2. Arbitration

If the parties do not reach an agreement on time allocated for the Dispute, the system allows the Employer to invoke TalentPowered arbitration for a fee. TalentPowered Arbitration is a procedure in which TalentPowered acts as an independent Arbitrator, which makes a decision based on the information provided by the disputing parties (the Employer and the Freelancer). The time limit for consideration of the provided motions and information submitted by the disputing parties by arbitration is 5 (five) calendar days. Upon expiration of this term,  the Arbitrator shall pass judgment on the substance of the dispute.

7.3. Arbitration Fee

A fee for the Arbitration service is 2.5% of the cost of the Project/ Milestone at the stage of the project initiation (a prepaid Arbitration service), or, if Employer  chooses  to use this service on a later stage, is 10% of the cost of the project (minimum 10 USD/EUR).

If the prepaid Arbitration service was chosen, the Employer transfers the amount of 2.5% of the Project/ Milestone cost using the payment system to their personal account. The cost of the Arbitration service is debited in favor of TalentPowered simultaneously with the TalentPowered commission in accordance with clause 6.3 of this Terms and Conditions. This amount is not refundable, regardless of whether the Arbitration took place or not.

If there is a need for the Arbitration service upon the occurrence of a dispute with the Freelancer, the Employer has the opportunity to pay the Arbitration service in the amount of 10% of the Project/ Milestone cost (minimum 10 USD/EUR) by transferring the cost of the Arbitration service using the payment system to their personal account, after which the cost of the Arbitration service is debited in favor of TalentPowered, and the Arbitration process starts.

7.4. Binding Arbitration

The decisions of the Arbitrator are final and binding on the parties. The decision of the Arbitrator determines the amount of money to be unblocked on the personal account of the Employer in order to return it to the Employer or pay the remuneration to the Freelancer in the amount established by the Arbitration. The amount of the TalentPowered commission, determined at the stage of accepting the conditions for the performance of the works under the Project/Milestone, is not refundable.

7.5. Submission of disputes to courts of general jurisdiction

Disputes not settled in accordance with the provisions of this section, or decisions of the Arbitration, as well as any claims against TalentPowered, disputes and disagreements with the latter, may be submitted to courts within the jurisdiction at the place of registration of Remote Staffing Platform Limited.

8. Currency

TalentPowered works with the most common currencies: USD, EUR in accordance with clause 6.1. of these Terms and Conditions. All currency exchange services in connection with settlement operations in local currency are provided by the payment system.

9. VAT and other taxes

TalentPowered is not responsible for withholding taxes, and each User agrees to comply with any local, regional or federal tax laws in their jurisdiction and file tax returns properly and timely.

Registered Users agree that they are responsible for complying with all applicable tax requirements, including but not limited to any tax deduction or withholding obligation. It is hereby explained that all amounts and commissions that appear on the Website are net amounts that will be paid after any direct or indirect taxes, fees, tax withholding and/or deductions.

Among other things, the Freelancer acknowledges and agrees that the Freelancer is solely responsible for:

  • all tax obligations related to payments received from the Employers through TalentPowered, and that TalentPowered will not withhold any taxes on payments to the Freelancer;
  • transfers to the relevant authorities any value added taxes or any other taxes or similar fees applicable to the Freelancer.

In case of a TalentPowered audit, the Freelancer agrees to immediately cooperate with TalentPowered and provide copies of tax returns that may reasonably be requested for the purpose of such an audit.

Under current legislation, TalentPowered may require taxes or fees, including but not limited to withholding income tax or VAT (VAT, GST and other terms, collectively referred to as the “Taxes”). In such cases, any amounts that TalentPowered needs to withhold to pay any such Taxes will be charged in addition to the fees due to TalentPowered in accordance with these Terms and Conditions.

10. Records of Compliance

Each User agrees to (a) create and maintain records to document the fulfillment of their respective obligations under these Terms of Service, including, but not limited to, their respective payment obligations and compliance with tax and labor laws, and (b) upon request provide copies of such records to TalentPowered. Nothing in this section requires and will not be construed as a requirement for TalentPowered to regulate or monitor the User's compliance with these Terms and Conditions. The User is solely responsible for creating, storing and backing up their business records. These Terms of Service and any registration or subsequent use of the Website will not be construed as creating any liability of TalentPowered for storing, backing up, saving or providing access to any information or data for any period.

11. Force Majeure

The parties to these Terms and Conditions are not responsible for the failure to fulfill or delay the performance of any obligation under these Terms and Conditions for a reasonable period of time due to labor disturbances, accidents, fires, floods, interruptions in telecommunications or the Internet, strikes, wars, disorders, uprisings, blockades, acts of government, government requirements and provisions or restrictions imposed by law or any other conditions that are beyond the reasonable control of such a party.

Остались вопросы?