These are our official Terms & Conditions as of May 10, 2020
FadedTouch, LLC is located at:
Sugar Land TX, United States
Support Inquiries: firstname.lastname@example.org
Business Inquiries: email@example.com
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use FadedTouch, LLC’s website if you do not accept all of the terms and conditions stated on this page.The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, FadedTouch, LLC and/or it’s licensors own the intellectual property rights for all material on FadedTouch, LLC. All intellectual property rights are reserved. You may view and/or print pages from https://fadedtouch.net/ for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from https://fadedtouch.net/
Sell, rent or sub-license material from https://fadedtouch.net/
Reproduce, duplicate or copy material from https://fadedtouch.net/
Redistribute content from FadedTouch, LLC (unless content is specifically made for redistribution).
RELATIONSHIP WITH FADEDTOUCH, LLC
FadedTouch, LLC merely makes the Site and Site Services available to enable Freelancers and Clients to find and transact directly with each other. FadedTouch, LLC does not introduce Freelancers to Clients, find Projects for Freelancers, or find Freelancers for Clients. Through the Site and Site Services, Freelancers may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Freelancers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Project, Client or Freelancer on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and FadedTouch, LLC is not a party to that Service Contract.
You acknowledge, agree, and understand that FadedTouch, LLC is not a party to the relationship or any dealings between Client and Freelancer. Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions); (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts; (d) performing Freelancer Services; or (e) paying for Freelancer Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User, including Composite Information . FadedTouch, LLC does not make any representations about or guarantee the truth or accuracy of any Freelancer’s or Client’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Freelancers or Clients; and does not vet or otherwise perform background checks on Freelancers or Clients. You acknowledge, agree, and understand that FadedTouch, LLC does not, in any way, supervise, direct, control, or evaluate Freelancers or their work and is not responsible for any Project, Project terms or Work Product. FadedTouch, LLC makes no representations about and does not guarantee, and you agree not to hold FadedTouch, LLC responsible for, the quality, safety, or legality of Freelancer Services; the qualifications, background, or identities of Users; the ability of Freelancers to deliver Freelancer Services; the ability of Clients to pay for Freelancer Services; User Content and statements or posts made by Users; or the ability or willingness of a Client or Freelancer to actually complete a transaction.
You also acknowledge, agree, and understand that Freelancers are solely responsible for determining, and have the sole right to determine, which Projects to accept; the time, place, manner, and means of providing any Freelancer Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of FadedTouch, LLC , and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) FadedTouch, LLC will not have any liability or obligations, including under or related to Service Contracts and/or Freelancer Services for any acts or omissions by you or other Users; (iii) FadedTouch, LLC does not, in any way, supervise, direct, or control any Freelancer or Freelancer Services; does not impose quality standards or a deadline for completion of any Freelancer Services; and does not dictate the performance, methods or process Freelancer uses to perform services; (iv) Freelancer is free to determine when and if to perform Freelancer Services, including the days worked and time periods of work, and FadedTouch, LLC does not set or have any control over Freelancer’s pricing, work hours, work schedules, or work location, nor is FadedTouch, LLC involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Freelancer for a Project; (v) Freelancer will be paid at such times and amounts as agreed with a Client in a given Service Contract, and FadedTouch, LLC does not, in any way, provide or guarantee Freelancer a regular salary or any minimum, regular payment; (vi) FadedTouch, LLC does not provide Freelancers with training or any equipment, labor, tools, or materials related to any Service Contract; (vii) FadedTouch, LLC does not provide the premises at which Freelancers will perform the work.
This Agreement shall begin on the date hereof. Certain parts of this website offer the opportunity for users to post and exchange opinions, information,material and data (‘Comments’) in areas of the website. FadedTouch, LLC does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of FadedTouch, LLC, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws FadedTouch, LLC shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. FadedTouch, LLC reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party; the Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. You hereby grant to FadedTouch, LLC a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
FadedTouch reserves the right to take a 10% commission from any transactions or project payments initiated on this on this network. PayPal is the default payment gateway FadedTouch provides.
Credit withdrawal requests may take up to or more than 24 hours to process. All withdrawal requests will be reviewed and approved if there is no suspicion of foul play or cheating.
Users may not withdraw free credits provided by any member of FadedTouch unless it was legitimately used for the payment of a real project or service.
Project disputes will be processed in the following manner:
A representative of FadedTouch will be involved as a mediator between the client and freelancer parties if a project dispute has been initiated.
The representatives will hear both parties sides before making a fair and reasonable decision about how to deal with the project and current payments.
If FadedTouch does not receive any messages or information regarding the dispute from the disputed party, then the party who has initiated the dispute will, by default, win the case after 30 days.
Communications between the freelancer and client parties for any project should remain within FadedTouch. Freelancer should not communicate with their client or potential clients outside of FadedTouch. Any requests to communicate outside of the network may lead to an indefinite suspension of a user account.
FadedTouch monitors messages on the network for quality assurance purposes.
No client shall request a freelancer to apply directly / outside of the FadedTouch network.
No freelancer or client shall advertise a project or profile directly / outside of the FadedTouch network.
No freelancer or client shall post a link or refer to any freelance network other than FadedTouch.
Freelancers are free to use subcontractors or employees to perform Freelancer Services and may delegate work on fixed-price contracts or by agreeing with their Clients to have hourly contracts for Freelancer’s subcontractor(s) or employee(s); and (viii) FadedTouch, LLC does not provide shipping services for any physical Work Product. If a Freelancer uses subcontractors or employees, Freelancer further agrees and acknowledges that this Section applies to FadedTouch, LLC ’s relationship, if any, with Freelancer’s subcontractors and employees as well and Freelancer is solely responsible for Freelancer’s subcontractors and employees.
Without limiting the foregoing paragraph, if you are an Agency or Agency Member, you expressly acknowledge, agree, and understand that: (1) the Agency is solely responsible for paying its Agency Members for work performed on behalf of the Agency and that such payments will not be made through the Site; (2) FadedTouch, LLC is not a party to any agreement between the Agency and its Agency Members and does not have any liability or obligations under or related to any such agreement, even if the Agency or Agency Member defaults; (3) neither Agencies nor Agency Members are employees or agents of FadedTouch, LLC ; (4) FadedTouch, LLC does not, in any way, supervise, direct, or control the Agency or Agency Members; (5) FadedTouch, LLC does not set Agencies’ or Agency Members’ contract terms amongst themselves or with Clients (including determining whether the contract will be hourly or fixed price), fees, pricing, work hours, work schedules, or location of work; (6) FadedTouch, LLC does not provide Agencies or Agency Members with training or any equipment, labor, tools, or materials needed for any Service Contract; (7) FadedTouch, LLC does not provide the premises at which the Agency or Agency Members will perform the work; and (8) FadedTouch, LLC makes no representations as to the reliability, capability, or qualifications of any Agency or Agency Member or the ability or willingness of any Agency to make payments to or fulfill any other obligations to Agency Members, and FadedTouch, LLC disclaims any and all liability relating thereto.
Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose, provided, if applicable, Users comply with the Opt Out provisions described in Section 7. Users are free at all times to engage in such other business activities and services and are encouraged to do so.
TAXES AND BENEFITS
Freelancer acknowledges and agrees that Freelancer is solely responsible (a) for all tax liability associated with payments received from Freelancer’s Clients and through FadedTouch, LLC , and that FadedTouch, LLC will not withhold any taxes from payments to Freelancer; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Freelancer is not covered by or eligible for any insurance from FadedTouch, LLC ; (c) for determining whether Freelancer is required by applicable law to issue any particular invoices for the Freelancer Fees and for issuing any invoices so required; (d) for determining whether Freelancer is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Freelancer Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if FadedTouch, LLC is required by applicable law to withhold any amount of the Freelancer Fees and for notifying FadedTouch, LLC of any such requirement and indemnifying FadedTouch, LLC for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of FadedTouch, LLC , Freelancer agrees to promptly cooperate with FadedTouch, LLC and provide copies of Freelancer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Freelancer is engaging in an independent business as represented to FadedTouch, LLC .
Hyperlinking to our Content
The following organizations may link to our Web site without prior written approval:
Online directory distributors when they list us in the directory may link to our website in the same manner as they hyperlink to the websites of other listed businesses; and System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations: commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of FadedTouch, LLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Iframes Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions. Any user with suspicion to be breaking any rules in the terms of service may be indefinitely suspended or permanently banned from FadedTouch. FadedTouch reserves the right to edit user profiles, projects, and any content posted on the site for quality assurance purposes.
Removal of links from our website
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will: limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.