Updated: August 14, 2008
Please review carefully the terms and conditions set forth below before using the IntegrityLance.com web site. The terms "You", "Your", "User", or "Users" refer to anyone accessing our services or web site for any reason. The terms "We", "Us", or "Our" refer to IntegrityLance.com (or IntegrityLance, Direct Response Publishing ). The IntegrityLance.com web site is offered to you by Direct Response Publishing conditioned on your acceptance of the terms, conditions, restrictions and notices contained herein. IntegrityLance.com may amend or modify these terms and conditions without notice, effective immediately, by updating this posting. Your use of the IntegrityLance.com web site constitutes your agreement to all such terms, conditions, restrictions and notices. Note: For purposes of this agreement, Users are classified as Service Buyers or Service Providers, or Hirers or FreIntegrityLancers, respectively. Furthermore, you agree that we may modify this Agreement or discontinue our website at anytime and without notice and without any liability or responsibility to you. This agreement is effective on August 14, 2008 for all users.
IntegrityLance.com shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service. IntegrityLance.com's web site is available only to individuals who can form legally binding contracts under applicable law. The services of this web site are not available to minors. If Users do not qualify, they cannot legally use any of IntegrityLance.com's services including, but not limited to, those that require the User's ability to form legally binding contracts. Your IntegrityLance membership may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement.You are solely responsible for compliance with all applicable export/import laws, regulations, taxes, licenses and fees.
ABOUT INTEGRITYLANCE AND DESCRIPTION OF SERVICES
IntegrityLance.com offers a wide range of tools, content, products, services, benefits, and other resources on its IntegrityLance.com web site of particular interest to freIntegrityLancers and to enable freIntegrityLancers to efficiently and cost effectively manage their careers, professions, and businesses. These services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the services or content (in whole or in part), access to this service or use of this service.
Some of the services offered at IntegrityLance.com may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. User understands and agree to the following:
Some of the content provided at IntegrityLance.com may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that IntegrityLance.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
IntegrityLance.com is a dynamic time-sensitive web site. As such, the information on IntegrityLance.com will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by IntegrityLance.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
IntegrityLance.com provides unmonitored access to third-party content. IntegrityLance.com is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. IntegrityLance.com does not control nor always review the web sites to which we link from IntegrityLance.com. We, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from IntegrityLance.com, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
IntegrityLance.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. We expect that the User will undertake necessary activities and practices and will use caution and common sense when using IntegrityLance.com for User's account.
IntegrityLance is a neutral venue and makes the Site available as an online venue where Buyers and Service Providers (as such terms are defined below) locate and collaborate with each other and take advantage of the following services (collectively, the "Services"):
Connection Services. The Site is a venue where: (1) Buyers post project descriptions ("Projects") to receive proposals or conduct searches and locate, connect with, choose, and engage Service Providers for Projects directly; and (2) Service Providers advertise their capabilities, bid on Projects, respond to inquiries, and locate, connect with and engage to provide their Services directly to Buyers. In providing the Connection Services, IntegrityLance does NOT source or deliver Projects. Integritylance only provides the venue for Buyers and Service Providers to find and contract with each other for Projects.
Transaction Services. The Site is also a venue where IntegrityLance provides to Buyers and Service Providers certain collaboration, feedback, and billing and payment tools, dispute resolution process and dispute assistance, escrow, and other Services (collectively, "Transaction Services"). Transaction Services does not mean Connection Services
REMOVAL FROM NETWORK
IntegrityLance.com reserves the right to terminate the participation of any member or site without reason but expressly including any member site that IntegrityLance.com judges to be in violation of the Terms and Conditions.
Members in violation of IntegrityLance.com's Terms and Conditions will be deactivated upon review and decision. IntegrityLance.com may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from IntegrityLance.com. Members that are terminated by IntegrityLance.com on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from IntegrityLance.com. An event that may result in the rejection or removal of Your participation can include but is not limited to: any circumvention of the IntegrityLance marketplace by you or by others at your direction; Your creation, maintenance and/or management of more than one account; your circumvention or non-payment in full of our fees; any attempt by you to improperly influence, or cause another to, improperly influence the feedback of members; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners.
Buyers and Provider who post bid requests or place bids that go against this purpose will have their postings deleted and their Integritylance (Direct Resonse Publishing ) accounts terminated. This includes, but is not limited to, bid requests asking for 'pro-bono' work, work in exchange for a comission/percentage of sales of a product, or a swap for non-cash compensation. It also includes bids where the provider who bids offers to do the work or provide a solution 'pro-bono'. However, In the event that an irresolvable dispute arises as a result of a transaction, both buyer and provider bidding agree that as a "middle-man", Integritylance ( direct response publishing ). is completely harmless and not liable in any way for said dispute.
When your membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and bids. The provisions entitled "Warranty Disclaimer," "Limitation of Liability," "Release," "Indemnity," "Intellectual Property," "Notices and Communications," "Resolution of Disputes between Member and Integritylance ( Direct Response Publishing ) ," "General," "Audit Provisions and Maintaining Records" and "Billing and Payment Services" will survive termination of this Agreement.
PROJECT FEES There are currently no fees to join IntegrityLance and no standard listing ( see Featured and Urgent Options) or final Value fees for buyers. Service Providers (FreIntegrityLancers) are charged a base final value fee based on a fixed and tiered percentage of the accepted bid price.. The Fixed match fee structure is as follows: $3 of the price from the minimum bid $4.00 - $23.00 and The tiered match fee structure is as follows: 13% of the price from $24.00 or more. For example, a bid amount of $2,500.00 would be charged a final value fee of 13% which comes to $325.00. Please see the table below for the tiered breakdown for this example:
This final value fee is only applicable to Providers ( freIntegrityLancers ) and charged if a Providers's bid is accepted by the buyer. The buyer must complete the funding of the Safe Escrow Payment account BEFORE a project will be classed as awarded and before a provider will begin any work. We may temporarily change or suspend our fees as a promotion and such changes are effective for the promotional period described on our website. All fees are quoted in U.S. Dollars. You are solely responsible for paying all fees associated with using our services as well as all applicable taxes. You are responsible for all actions taken with your User ID and password, including fees. We recommend that you not disclose your IntegrityLance password to any third parties.
Buyers are able to send a bonus amount of money to a provider if they have done a good job. When this action is taken on the website, the buyer agrees that the money sent is non-refundable and they understand that they have authorized Integritylance ( direct response publishing ) to instantly fund the providers account. A 10% bonus fee is taken from any bonus money that is sent from a buyer to a provider. The provider incurs this fee not the buyer. For example if a buyer decides that a provider has done an excellent job and they wish to send them $20, the 10% fee that will be taken will be $2, leaving the provider with $18.
FEATURE PROJECT FEES
While a buyer will never be charged a fee for listing a project or a final value fee of the amount of the project. If a buyer decides to list their project as ' Featured ' they will be required and agree to pay upon making live the project the current fee to make it featured which currently is $15. This fee is non-refundable, the buyer agrees they will under no circumstance ever get back this fee they paid.
URGENT PROJECT FEES
If a Buyer decides to list their project as " Urgent " they will be required to pay upon making live their project on Integritylance.com a fee of which is currently $5. The Fee is non-refundable, the buyer agrees they will under no circumstances ever get back this fee they paid.
FEATURED PORTFOLIO FEES
If a Provider decides to list their portfolio in the portfolio showcase area as " Featured " they will be required at the time of making it Featured to pay a fee of $5. The fee is non-refundable, the provider agrees they will under no circumstances ever get back this fee they paid.
DISPUTE CANCELLATION CHARGE HOLDBACK FEE
In the event that a buyer or provider decides to file a Dispute cancel after funds have been escrowed but BEFORE work has been started or DURING, a Cancellation Charge Holdback fee will apply
The Provider ( freelancer ) is responsible for the buyer's cancellation fee IF and ONLY IF ( the provider ) either:
(a) The Provider elected to take responsibility for the charge during step one of the Dispute Process
(b) Loses the Dispture Process, and is determined to be 'at-fault', and have sufficient funds to cover some or part of the charge.
Integritylance does reserve the right however to not charge the cancellation fee to either buyer or provider if we deem that the cancellation has occured at the fault of no one ( example provider got accepted for multiple projects all at the same time and put in the cancellation request within the first 12 hours of being awarded )
The Disptre Cancellation fee is to compensate Integritylance for the costs it incurs in any full or partial refund to a credit card, wire transfer, moneybookers or PayPal account, Buyer agrees to pay a 2.5% cancellation fee. IF the refund occurred due to the fault of the buyer (which is determined in dispute process). Same applies if The other party ( provider) is clearly responsible for the cancellation they will incur the fee instead which would be debited from their account. If they have no funds in their account they will be required to fund it or their account will be closed.
See the Dispute Resolution Process for more details on the steps involved.
This is not to be confused with a buyer cancelling a project Before awarding anyone.
IntegrityLance.com will typically print and mail cheques if the member requests it AND their account balance is equal to or greater than $30. This also applies to payments made through the PayPal service. All amounts are stated in and all payments will be made in US funds. IntegrityLance.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen creditcard) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your IntegrityLance.com account or face account termination.
As previously stated, any member site that IntegrityLance.com removes from the service due to violation of the Terms and Conditions will receive no credit or payment.
AUTHORIZATION TO CREDIT AND DEBIT ACCOUNTS
You irrevocably and expressly authorize Integritylance to credit any monies to the account that you have identified for IntegrityLance. You irrevocably and expressly authorize IntegrityLance to withhold any monies and/or debit any monies from any account that you have identified to IntegrityLance for any charge backs, fees, costs, deductions, adjustments and any other amounts owed to Integritylance. We reserve our rights to all actions and remedies in connection with any monies owed to IntegrityLance. You will indemnify, defend and hold us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
COMMUNITY DISCUSSION FORUMS . IntegrityLance’s Community Discussion Forums are intended to allow our members to communicate their experiences using IntegrityLance. IntegrityLance reserves the right to edit, amend, or delete any information posted on the discussion forums if, in the sole opinion of IntegrityLance, the posting contains language that is vulgar, obscene, inflammatory, illegal, irrelevant, or in violation of any section of this User Agreement or our Discussion Forum Rules, which has detailed information about what postings we deem unacceptable.
OFF-SITE COMMUNICATIONS . IntegrityLance prohibits offers by its members to persuade another member to future work with them or pay them, or to offer to do work/jobs, outside of the IntegrityLance site. Offers of this nature circumvent IntegrityLance’s fee structure and are a potential fraud risk for both buyers and Providers. Some examples of off-site offers include:
- Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in IntegrityLance’s private message board, profile section, “Additional Information” sections, user ID, discussion forums, buyer listing, or buyer description.
- Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through IntegrityLance’s site, profile section, “Additional Information” section, user ID, discussion forums, shipment listing, or shipment description to offer to deliver a listed item off-site or to offer a project delivery off-site.
IntegrityLance reserves the right to edit, amend, or delete any personal contact information that members submit on our site. IntegrityLance reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.
INFORMATION YOU SUBMIT . You solely are responsible for any information you provide to us or other users in the registration, buying, or providing process. Your personal information and any buying or providing must be true, legal, accurate, and non-fraudulent. You may not provide contact information to other members for the purpose of bypassing IntegrityLance transaction fees . Information may not contain any viruses or other malware that may damage or interfere with our website. Furthermore, you may not list any digital media such as files, images, software, websites, code, credit cards, or payment information that, by paying to us a match fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Prohibited Items terms. You authorize IntegrityLance to use the information you supply to us in connection with our services and in accordance with this Agreement. Our website acts as a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will we act as a monitor over the content of such communication for information. However, we do reserve the absolute right to remove or restrict any communication or information that you may post to the website that is in violation of this Agreement, illegal, threatening, or lewd. You acknowledge and agree that this website acts as a passive conduit for any of your on line communication or distribution of content or information.
Furthermore, you expressly represent and warrant the following: (1) You are the owner, with all appurtenant rights thereto, of any and all communication, content and/or information that you post on the website, or; (2) You are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce and distribute such communication, content and/or information. To only that extent to allow us to use your communication, content and/or information and not violate your rights in the same, You grant to us a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that you have in your communication, content and/or information. You further represent and warrant that any and all of your online communication, content and/or information:
• Will not violate any federal or state law, regulation, rule, or statute;
• Will not violate the terms of this Agreement;
• Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;
• Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
• Will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about IntegrityLance employees, agents, other members, or the marketplace itself;
• Will not contain any computer hardware or software, viruses, Trojan horses, worms, or any other computer programming that may interfere with the operation of our website, operation of any of our systems and or create or impose a large burden or load on our website;
• Will not scan or test the vulnerability or security of our website or the system within which it operates;
• Will not be used for commercial or public purposes outside of the requirements of this Agreement;
• Will not create liability for us in any manner whatsoever;
• Will not frame or link to our website without our written permission;
• Will not involve the upload, or insertion of, any programming language or code into or onto, our website.
You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.
FRAUD. Integritylance will not hesitate to suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with our website. Members will not manipulate the bid prices for any project or interfere with other members' listings or transactions. Other fraudulent acts include:
A. Fees - You shall NOT:
• Charge to, or in any way attempt to collect from members, as an additional charge to the total amount agreed upon for the services, the IntegrityLance Match Final Value Fee, or;
• Charge members a higher price (including taxes, service charges, or any other fees) than that which was agreed upon on the IntegrityLance website (given that the particulars of the service requested are materially the same as those requested on the IntegrityLance website). Your accepted bid price must include ANY and ALL charges, including any taxes, fees, etc.;
• Represent or communicate to members that you are to collect the IntegrityLance Match Fee;
• Cause another person or entity to engage in any conduct, act or behavior intended or designed to circumvent or avoid, in any manner, our right to the IntegrityLance Match Final Value Fee;
• Enter into any transaction, letter of intent or memorandum of understanding, written or verbal, formal or informal agreement, with a member, that circumvents or avoids our right to a Match Match Final Value Fee;
• Communicate or correspond, whether by written, verbal, or electronic means, with a member, for the purpose of entering into an agreement or transaction that circumvents or avoids our right to a Match Match Final Value Fee.
B. Manipulating feedback - You acknowledge and agree that the IntegrityLance website is a neutral venue and that all transactions for services are made by and between you and other members only and, therefore, As a consequence, you acknowledge that the key component and integrity of the website is the ability of members to leave feedback about you and/or your services (whether positive, neutral or negative) AND for other members to read and evaluate those feedback reviews and make voluntary choices based upon those feedback. Therefore, in order to preserve the key component and integrity of the website, you shall NOT:
Improperly influence in any manner, or cause another to, improperly influence in any manner the feedback of the member;
• Post and/or cut and paste and/or copy the content of a member feedback review from the IntegrityLance website to your own personal or business website, to any other third party web site and/or on any of your own personal, business or third party marketing/advertising materials regardless of the form;
• Attempting to gain feedback by receiving multiple feedback from the same member (members may only leave one feedback, whether positive, neutral, or negative, to any other member, regardless of the number of matches that the two parties complete with each other);
• Post or attempt to post, in any manner or by any means, a feedback review on your own account.
Members agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form and within their business profile field where requested, or when asked by IntegrityLance.com at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Service Provider (or you are the Service Provider chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, etc... See "Avoiding Commissions" below for the reason.
PROVIDING CONTACT INFORMATION
You are prohibited from making direct contact with another member, unless it's for a project you (a Service Provider) have been picked for, or you (a Service Buyer) have picked a Service Provider for. This includes giving out your e-mail address, Instant Messanger details ( ICQ, MSN, SKYPE, YAHOO etc. ), phone number, or any other method of contact outside of this site. IntegrityLance.com provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Featured" projects. If a project has the "Featured" graphic on it, that means the Service Buyer has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board. All Money must have been escrowed before you provide a buyer with your email, phone or instant messanger details.
You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of IntegrityLance.com) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). But this also applies to any project that was closed without a Service Provider being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying IntegrityLance.com if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying us, will be considered an attempt to avoid the commissions. When a Service Provider requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the Service Provider has failed to notify IntegrityLance.com staff of a payment received above the amount of his bid (a total payment above US$100), IntegrityLance.com reserves the right to deduct double the fee for the amount that should have been reported. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on IntegrityLance.com.
No copyrighted material can be posted on IntegrityLance.com. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights. All pages and graphics on IntegrityLance website are the property of Direct Response Publishing.. The pages may not be redistributed or reproduced in any way, shape, or form without the written permission of IntegrityLance (Direct Response Publishing.)
However, you may link to any of the pages in the site. Pages in the site may not be encased in a frame from the referring site, without express written permission of IntegrityLance ( Direct Response Publishing )
User is solely responsible for content or any other information User provides to IntegrityLance.com. User understands and agrees to the following:
IntegrityLance.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. IntegrityLance.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for IntegrityLance.com, harm our business operation or reputation, or cause IntegrityLance.com to lose the services of our suppliers.
User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) 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.
By submitting User content to IntegrityLance.com (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a Project; sending messages through or to IntegrityLance.com). You hereby grant to IntegrityLance.com a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of IntegrityLance.com (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
Users are prohibited from advertising your website on IntegrityLance.com. Any URL posted in a bid, project description, or the message board, must relate to a project on IntegrityLance.com. An example of a permissible URL: User's portfolio or resume' page.
Service Providers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This applies to Service Buyers too. Service Buyers cannot create projects that directly or indirectly require Service Providers to place hourly or other abnormal bids. The only exception, for both Service Buyers and Service Providers, is when the project is featured. See featured project information at page.
CANCEL PROJECT BEFORE SELECTION
At times buyers may post a project and decide to not pick anyone and just cancel the project. This is not to be confused with once they have awarded someone. A buyer is allowed to cancel a project BEFORE they have awarded anyone without any problems. Yet each cancellation will be taken into consideration and be shown on their profile page and shown as a " Non Action Ratio " based on the amount of projects created without awarding anyone. If this is too high, Providers usually will avoid bidding on future projects listed by the buyer.
DISPUTE CANCELLATIONS AND REFUNDS. . A “Cancellation” may occur when either party has to cancel AFTER a bid was accepted on IntegirityLance but BEFORE any services are performed or Completed. After a bid is accepted and the two parties communicate directly, occasionally one or both of the parties determine that they cannot complete the transaction. Dispute Cancellations should only be requested after reasonable attempts have been made to reach an agreeable solution and it is certain that the services that were booked on IntegirityLance will not be performed. When you request a cancellation, the other party will be notified and will have 72 hours to respond by either:
a) accepting the cancellation and your reason;
b) accepting the cancellation but providing their own reason and/or comments; or
c) rejecting the cancellation and requesting review and assistance by IntegirityLance staff.
If your Request for Cancellation is accepted by the other party, the project will be cancelled and the project can either be relisted or deleted. If your Request is rejected by the other member, then the Request will be sent to IntegirityLance and a determination will be made on allowing or not allowing the Cancellation. If the other party does not respond within the 72 hour period, the cancellation and reason will be automatically accepted (Case a). Once a cancellation is accepted, any refunds associated with the buyers current escrowed deposit will be refunded to the buyers account area where by they can then use the funds for a new project or request a withdrawl. If a withdrawl is requested, the funds will be returned the same way they were deposited on the next cut off payment date which could be the 15th of the month or the 28th-31st depending on the month.
IntegirityLance takes abuse of the Cancellation process seriously. This includes submitting false or exaggerated reasons, attempting to retract matches that have already occurred or are expected to occur, or colluding with other members to abuse the process. A member that is found to be abusing the process will automatically have their cancellation request denied, may be subject to additional fees and penalties, and may have their account immediately suspended or deleted.
There is a cancellation fee that either the buyer or the provider will incur based on who is at fault. This is to compensate Integritylance for the costs it incurs in any full or partial refund to a credit card, wire transfer, moneybookers or PayPal account ( Please see Cancellation Fee )
Under no circumstances will Featured Project Fees, Featured Portfolios, Urgent Project Fees or Bonus fees be refunded, they are non-refundable and in using these features you agree as the buyer or provider that these fees will in no way be returned.
Please refer to the Dispute Resolution Process on the required steps to be taken BEFORE you contact us.
DISPUTE RESOLUTION PROCESS
The Dispute is a 3 step process.
Step 1 is Member Resolution ( This usually can resolve 95% of disagreements )
A. The buyer or provider must start by seeking to resolve it between themselves using the private message board and not offsite. Only onsite communication will be taken into consideration. You will be required to allow the other party 3 business days to respond. If the party does not respond or you cannot reach an agreement only then will this move to step 2
We highly advise you to be reasonable with one another and come to an agreement between yourselves as the process of resolution beyond this can be considerably long and drawn out process for everyone
Step 2 is Integritylance assistance
A. The Buyer or Provider needs to file a dispute by clicking on the Dispute button found on the Project Description page. ( see how do i file a dispute in knowledgebase )
They must begin by providing 3 things
1. A Reason for the dispute
2. Who should receive the deliverables
3. How much of the escrowed amount should the party receive who is filing the dispute
4. Who should incur the cancellation fee ( see cancellation fee for more details )
It can take up to 72 hours to hear back from Staff regarding a dispute. You must cease all communication between you and the other party while waiting. Any abuse towards the other party or Integritylance staff will not be tolerated. You will be warned and then your account may be closed
B. Integritylance will review the project terms, read the messages back and forth and may be asked to upload any work that has been done for further review
C. Integritylance will attempt to contact the buyer and provider via private message board to keep all communication documented between parties. The goal of this is to resolve the dispute. This may entail having each party deliver joint written instructions to Integritylance concerning a Release of the funds held in Escrow. .
Because we are a neutral venue (as explained above), we are not responsible for resolving any disputes between you and members regarding services. If you report a dispute to IntegrityLance, we will make every effort to help both parties communicate, however, all disputes must be resolved directly between you and members. Therefore, if we are contacted by a member who claims to have a dispute with you regarding the services and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the customer and you agree to release us from any and all liability associated therewith this includes from any and all claims, emands, and damages ( actual and consequential ) of every kind and nature, known and unknown, related to such a dispute.
Step 3 is Arbitration
If member resolution and integritylance resolution fails to resolve the dispute regarding the funds in escrow either party, buyer or provider have the right to use a 3rd party arbitration service such as Square Trade. We do not specifically endorse any such third party mediation or arbitration entity.
A final decision will be made by the 3rd party arbitrator which must be adhered to by both parties and by Integritylance regarding the release of funds held in Escrow and any other considerations.
NO AGENCY . You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the IntegrityLance website, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between you and us.
COMPLETING AWARDED PROJECTS. You must legally be able to complete the project you bid on. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, state and federal licensing requirements. You must describe your offer and all terms of your services on the bid submittal form on our site. You acknowledge that the IntegrityLance website exists for members to make a fully informed decision about your bids, services offering, policies and procedures. Therefore, you shall disclose to every member that you attempt to do business with your services offerings and relevant policies, procedures and fees that you will charge, including, but not limited to, taxes and/or other service charges. In the event, that you charge "extra fees" (and we are made aware of this fact), IntegrityLance reserve the right to suspend or cancel your account at our sole discretion. Your bid may only include content relevant to the description of the project. If you bid on any project and your bid is accepted by the buyer, you are obligated to perform the services offered in your bid at the accepted bid price. You authorize IntegrityLance to debit the IntegrityLance match final value fee and any applicable taxes from the total amount when the buyer accepts your bid and releases the funds to your accounting area.(see Fees and Match Retraction above).
Delivery Deadlines. The Buyer may set a deadline for delivery of the deliverables in the Post Project page The provider agrees to deliver 100% of agreed upon deliverables to the site on or before the delivery deadline.
The due date is calculated as the # of days (24 hour periods) from the time funds have been escrowed and work begins. Work is defined as having "begun" after all funds are completed escrowed and all security verifications have been completed.
Buyer and Seller may also use the bidding/comment feature of the site to negotiate a delivery deadline. If so, then the deadline must be mutually agreed upon by both Buyer and Seller. Both parties are highly advised to be clear and explicit when setting a deadline in this manner. If there is a dispute over anything regarding the deadline, Integritylance (at it's sole discretion) will be the final determiner of any disputed meaning (per the Dispute resolution process).
Managing the deadline is the providers responsibility. If the provider cannot upload to the site 100% of agreed upon deliverables by the deadline but feels that the Buyer may be lenient and allow the deadline to be extended, then it is the providers responsibility to inform the Buyer as soon as possible, negotiate the change and receive the Buyer's acceptance on-site...somewhere in the 'Entire Bid Request'. If the Seller is unable or unsuccessful in doing so, then the original deadline stands.
Hirer (buyer) agrees that:
Hirer will not redistribute any of the content on IntegrityLance.com.
Hirer will not use Hirer's Account to post false or misleading project descriptions. Hirer will not post project descriptions that are inappropriate to IntegrityLance.com's audience, viewers, or visitors in the judgment and discretion of IntegrityLance.com.
Hirer agree to pay featured project fee if project posted should have been posted as featured.
Hirer will not falsify Hirer's own or any other identity.
Hirer will comply with all IntegrityLance.com's policies.
FreIntegrityLancer (provider) agrees that:
FreIntegrityLancer will not redistribute any of the content on IntegrityLance.com.
FreIntegrityLancer will not falsify FreIntegrityLancer's own or any other identity.
FreIntegrityLancer will comply with all IntegrityLance.com policies.
Users (Hirers and FreIntegrityLancers) will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the IntegrityLance.com web site or the content contained therein without the prior written permission of IntegrityLance.com.
Users (Hirers and FreIntegrityLancers) will not distribute unsolicited commercial messages ("spam") through User's account.
Users (Hirers and FreIntegrityLancers) will not contact employers or freIntegrityLancers through our site or through information gained from our site with the intent of subverting them from using our services.
Users (Hirers and FreIntegrityLancers) will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Users (Hirers and FreIntegrityLancers) will not create multiple user accounts to avoid fees, suspension or bad ratings on IntegrityLance.com
Petition for Reinstatement. Upon your removal from the IntegrityLance website, you may petition for reinstatement. Your petition for reinstatement must include the following: a) A written statement as to why you should be reinstated b) Your contact information; your Petition will be reviewed at our discretion and any determination as to your reinstatement will be based on our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that you will be reinstated and we specifically disclaim any and all representations with respect to such guarantee. We will contact you as to our decision to reinstate You. We are not obligated to give you any reason or basis as to our decision. You understand that any decision as to reinstatement may be a simple, yes or no. All decisions are final.
Taxes You are responsible for collecting and remitting any and all taxes associated with the transactions or use of this site.
Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to you or you may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, you acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
Record Keeping/Audit. We reserve the right to keep all records of any and all transactions and communications between you and other members for administration purposes.
Non-solicitation. During the term of this agreement, you shall not solicit to hire nor hire our employees of whom you become aware of through the performance of this Agreement. Furthermore, you shall not otherwise interfere with any of our other business relationships including those with our members.
No Felony Convictions. You represent and warrant that you, and any individuals associated with you who will perform the services, have not been convicted of a felony. Furthermore, you represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against you that will prevent you from performing the services.
Unsolicited Idea Submission. We always want to receive messages and feedback from IntegrityLance members and welcome any comments regarding the IntegrityLance marketplace. However, IntegrityLance policy does not allow us to accept or consider ideas, suggestions, or proposals other than those we specifically request. The intent of this policy is to avoid the possibility of future misunderstandings when new functionality and features developed internally by IntegrityLance might be similar or even identical to your idea.
If you do send IntegrityLance an unsolicited suggestion, idea, or proposal, or if you send, at the request of IntegrityLance, a comment or suggestion to improve the IntegrityLance Marketplace (for example, through Discussion Boards or via email) (collectively, the "Submission"), IntegrityLance will consider the Submission to be non-confidential and non-proprietary. IntegrityLance shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. IntegrityLance shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.
Identity Verification. We use techniques to help verify the identity of Providers when they register on our website; however, Integritylance cannot and will not confirm each service provider's identity. We have implemented a user-managed feedback system to help you evaluate other members you are transacting with..
Feedback. For each IntegrityLance transaction, the buyer and service provider are allowed to rate each other by leaving feedback for one another. Feedback consists of leaving one rating (positive, negative or neutral), along with a short comment about your experience. Feedback scores are calculated when another member gives you a +1, 0, -1 score. Each member’s overall feedback score is the difference between the number of members who left a positive rating and the number of members who left a negative rating.
When a member leaves more than one of a particular type of feedback, for example three positive ratings for another member (for three different transactions), the other member’s score only increases by +1. While the score is only increased by +1, each of the comments are made available for the community to read in the profile section. A member can only influence another member’s feedback score by one positive, one negative or one neutral rating. For example, if you leave 3 positives and a negative, only one of the positives and one of the negatives will count against the score, netting to provide a score of 0.
Cancellations are also incorporated into feedback. Every member is allowed 1 free cancellation for every 10 matches (10%) on Integritylance. Each excessive cancellation, above the 10% threshold, will count as ½ of a non-positive against a member’s percent positive feedback. Cancellations will not affect the overall feedback score, just the percent positive.
If you attempt in any way to undermine the integrity of our feedback system in any way, or if you earn a net feedback rating of negative four (-4) or lower, your membership may be suspended. You acknowledge that your feedback consists of comments left by other Integritylance members and a composite feedback number compiled by Integritylance. You agree that you will not use your IntegrityLance feedback in any venue other than IntegrityLance. Members should always use caution and good judgment when leaving feedback for another member because, members could be help legally responsible for damages to a member’s reputation if a court were to find that the remarks constitute libel or defamation. Under federal law (the Communications Decency Act), because IntegrityLance does not censor feedback or investigate it for accuracy, IntegrityLance is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.
You acknowledge and agree that IntegrityLance.com will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release IntegrityLance.com from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute
RESOLVING FEEDBACK AND RATING DISPUTES . To maintain the integrity of the feedback system, feedback left for a member is a permanent part of that member’s profile. Feedback comments cannot be edited at a later date. Members should resolve any misunderstandings prior to leaving feedback since most misunderstandings can and are resolved quickly through direct communication. There may be times when you are unhappy with, disagree with, or regret feedback that you left for another member, or that may have been left for you. If you have a disagreement over feedback that has been left, you have options to respond:
A) Feedback Comment Withdrawal. IntegrityLance will remove individual feedback comments only in very rare circumstances, such as when they violate certain Integritylance policies. Other situations where IntegrityLance will remove feedback include: feedback containing vulgar language or other personal contact information, and instances when IntegrityLance receives a valid court order to remove feedback.
Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by Integritylance to collect our fees and/or recover damages for, or obtain an injunction relating to, the Integirtylance site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of The Ontario Labour-Management Arbitrators Association. The arbitration shall be conducted in Ontario, Canada and judgment on the arbitration award may be entered into any court within Ontario, Canada having jurisdiction thereof.
Indemnity. You agree to indemnify and hold us and our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party.
Remedies. Remedies for use of our website that violate this agreement include, but are not limited to, the immediate removal your project listing and files, notifying our members of your actions, issuing a warning, temporarily suspending your membership, terminating your membership, and refusing to provide our services to you WITHOUT NOTICE to you.
IntegrityLance provides the Payment Service and requires you to use it to make all payments to IntegrityLance, and to request and make payments to and accept payments from other Members, for the purchase and sale of Services through the Site. Solely for purposes of the Payment Service, and not for any other Services available through the Site, IntegrityLance acts as your agent based upon your direction and your requirements to perform tasks on your behalf. IntegrityLance will at all times hold your funds separate from its corporate operating accounts, and will not voluntarily make your funds available to its creditors in the event of a bankruptcy or for any other purpose.
As a Buyer, you agree not to pay invoices for Provider Services unless the invoices are originated from the IntegrityLance Payment Service
You acknowledge that: (1) IntegrityLance is not a bank and the Payment Service is a payment service rather than a banking service; and (2) IntegrityLance is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (3) IntegrityLance IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS. In addition, your Account will not constitute an escrow.
By initiating invoices and sending payments through the Payment Service or adding funds to your Account, you appoint IntegrityLance as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and conditions of this Agreement. Each Service Provider must properly discharge and credit Buyers for all payments IntegrityLance receives through the Payment Service from such Buyers.
Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing.
Automated bots are known to put an excess amount of stress upon a websites server, it can also cause legitamate users from accessing the website. You are now allowed to create or use any automated bot to access IntegrityLnace without first contacting Integritylance and receiving written approval. In the unlikely case we approve your bot, you must abide to the specifications by which Integritylance outlines and approves. Integritylance reserves the right to revoke permisison granted, and you revoke that you will immediately stop using the bot and take actions to prevent others from using the bot too.
OTHER TERMS AND CONDITIONS . You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the website at various places throughout the website. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those additional terms and conditions and the specific terms and conditions set forth herein, the terms and conditions set forth herein shall govern.
You are responsible for creation, storage, and backup of your business records. The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating any responsibility on IntegrityLance.com ( Direct Response Publishing ) part to store, backup, retain, or grant access to any information or data for any period.
SECURITY. Integritylance.com uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers. We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system. We also do not guarantee uninterrupted or secure access to our system, as the operation of our website can be interrupted by numerous factors outside of our control. Any loss in data, you agree you will not hold us liable in any way.
Protection of Intellectual Property Content. The IntegrityLance website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are our sole property and we retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that your use of this website does not confer upon you any license or permission to use our (or any third party's) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
Trademark and Domain Name Protection. The Integritylance website contains trademarks, tradenames, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by us. Unless otherwise agreed to in an Addendum to this Agreement, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name that is identical to or similar to any of the Marks.
GOVERNING LAW. THIS AGREEMENT AND YOUR USE OF THE SITE SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO, CANADA WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
THE SERVICES PROVIDED BY INTEGRITYLANCE OR ANY OF OUR LICENSORS OR SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME PROVINCES, STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
If you have a dispute with another Member, you release Integritylance ( owned by Direct Response Publishing ) (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute
GENERAL. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
Please contact us to report violations of terms and conditions.