These terms and conditions of use (“Terms”) constitute a legal agreement between individuals who wish to hire freelance services (“Client Users”) and those providing freelance services (“Freelancer Users”), and PHP WORK ONLINE LLC, a limited liability company incorporated in Delaware, along with its subsidiaries and affiliates (collectively, “PHP WORK ONLINE” or “we”).

Our services, the platform, and the website www.PHP WORK ONLINE.com, along with the mobile applications, are collectively referred to as the “PHP WORK ONLINE Site,” a service platform that facilitates communication and interaction between Client Users and Freelancer Users. In this regard, PHP WORK ONLINE offers a method for contracting freelance services. Consequently, PHP WORK ONLINE is not part of any contractual agreement between Client User and Freelancer User as it only facilitates connections between the parties; therefore, all freelance services are performed by third parties not affiliated with PHP WORK ONLINE, with no responsibility for the freelance services or for the acts or omissions of third parties.

These Terms govern your use of our service platform. The terms “you”, “your”, or “yours” refer to the Client User or Freelancer User, as applicable. In these Terms, the terms “including” and “include” mean “including, but not limited to”. Before using the PHP WORK ONLINE Site, you must read and accept these Terms, the policies of the PHP WORK ONLINE Site, and all related information; if you do not accept them, you will not be able to access or use the PHP WORK ONLINE Site. By accepting these Terms, you agree that they will apply whenever you use the PHP WORK ONLINE Site or when you use the tools we make available to you. PHP WORK ONLINE may immediately terminate these Terms with respect to you, or generally cease offering or deny access to the PHP WORK ONLINE Site or any part of it, at any time and for any reason.

PHP WORK ONLINE may modify, without prior notice and at its discretion, the Terms related to the PHP WORK ONLINE Site. Modifications will take effect at the time of posting by PHP WORK ONLINE of the updated Terms at this location or the modified policies or additional terms on the corresponding services. Therefore, your continued access or use of the PHP WORK ONLINE Site after such posting constitutes your consent to be bound by the Terms and their modifications.

2. THE SERVICES

a. THE PHP WORK ONLINE SITE IS SOLELY A PLATFORM

The PHP WORK ONLINE Site is a digital marketplace where Client Users and Freelancer Users can identify each other and buy and sell services online. These specific services requested by Client Users, which are to be performed by Freelancer Users, are henceforth referred to as “Freelance Services”.

PHP WORK ONLINE provides services to Client Users and Freelancer Users, including hosting and maintenance of the PHP WORK ONLINE Site, and facilitates the contracting of services between Client Users and Freelancer Users. In doing so, Client Users and Freelancer Users use the PHP WORK ONLINE Site to engage, communicate, invoice, and pay online, in accordance with section 2.b. of these Terms.

PHP WORK ONLINE may contact Users through the WhatsApp instant messaging application. For these purposes, representatives will identify themselves with the PHP WORK ONLINE identity. PHP WORK ONLINE will not request any payments, password exchanges, or access data. If you receive any communication or notification under the identity of PHP WORK ONLINE but have any suspicion about its authenticity, please contact PHP WORK ONLINE support here

PHP WORK ONLINE, THROUGH THE PHP WORK ONLINE SITE, PROVIDES INFORMATION AND A METHOD TO OBTAIN FREELANCE SERVICES, BUT DOES NOT PROVIDE NOR INTENDS TO PROVIDE SUCH FREELANCE SERVICES, THEREFORE, IT BEARS NO RESPONSIBILITY FOR THE FREELANCE SERVICES OR THE WORK PRODUCT DELIVERED BY FREELANCER USERS TO CLIENT USERS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH LAWS, REGULATIONS, OR CODES. IN THIS REGARD, PHP WORK ONLINE IS NOT AFFILIATED WITH, ENDORSED BY, OR SPONSORED BY ANY EXTERNAL PROVIDER.

b. SERVICES AMONG USERS

At the time a project or contest is awarded by a Client User to a Freelancer User, and the Freelancer User accepts it on the PHP WORK ONLINE Site, or when a Client User purchases an item from a Freelancer User, it will be considered that the Client User and Freelancer User have entered into a contract (“Service Contract”), whereby the Client User agrees to purchase, and the Freelancer User agrees to provide, the Freelance Services.

The Client User and Freelancer User may enter into a separate agreement from these Terms, provided that such agreement contains no contractual provisions contradictory to these Terms.

The Client User is solely responsible for fulfilling their obligations to the Freelancer Users. Failure to do so may result in liability to the concerned Freelancer User. Conversely, if a Freelancer User fails to fulfill any obligation to the Client User, or causes damage to their property or rights, the Client User is solely responsible for exercising any rights they may have. It is noted that PHP WORK ONLINE has no responsibility to exercise the rights of the Client User under a Service Contract or for damages to the person, property, or rights of the Client User caused by a Freelancer User.

Depending on their jurisdiction, Client Users and Freelancer Users may have rights under legal warranties that cannot be legally excluded. None of these Terms intend to invalidate rights that cannot be excluded under applicable law.

Each Client User and Freelancer User acknowledges and agrees that the relationship between the Client User and any Freelancer User is that of an independent contractor. Furthermore, none of the provisions of these Terms creates a partnership, joint venture, agency, or employment relationship between Client Users and Freelancer Users. None of the provisions of these Terms should be interpreted as if constituting a joint venture, partnership, or employer-employee relationship between PHP WORK ONLINE and any User.

c. DELIVERABLES FROM THE CLIENT USER

The Client User grants the Freelancer User a limited, non-exclusive, revocable (at any time at the sole discretion of the Client User) right to use the documentation and/or information and/or goods of the Client User, as necessary for the fulfillment of the Service Contract and the provision of the Freelance Services (“Client User Deliverables”). The Client User reserves all other rights and interests, including, but not limited to, all intellectual property rights, concerning the Client User Deliverables. At the time of fulfillment or termination of the Service Contract, or upon written request by the Client User, the Freelancer User shall immediately return all Client User Deliverables to the Client User and also agrees to delete all copies of the Client User Deliverables and the Work Product found in the facilities, systems, or other equipment of the Freelancer User or otherwise under the control of the Freelancer User.

The Client User has fifteen (15) consecutive days to accept the delivery of work performed by a Freelancer User valued up to 300 USD. If the Client User remains indifferent to this delivery by the Freelancer User, it will be deemed tacitly accepted, releasing the corresponding funds to the Freelancer User.

The Freelancer User agrees to provide a written certification to the Client User certifying the return or deletion of the Client User Deliverables within ten (10) days of receiving a written certification request from the Client User.

d. WORK PRODUCT

All commissioned work that may be subject to copyright performed by the Freelancer User in fulfillment of a Service Contract shall be the property of the Freelancer User until the Client User has made payment and the Freelancer User has accepted it. If the Client User pays an amount less than the agreed amount in the Service Contract, the Freelancer User may refund the paid amount within two (2) weeks from the date of payment and retain ownership of the Work Product.

In the event that intellectual property rights cannot be transferred under applicable law, the Freelancer User, through these Terms, irrevocably agrees to grant, and hereby grants, the Client User an exclusive (also excluding the Freelancer User), perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and market the Work Product in any manner currently known or discovered in the future. In the event that the granting of the license is not fully valid, effective, or applicable under applicable law, the Freelancer User hereby irrevocably agrees to grant, and hereby grants, the Client User the rights that the Client User reasonably requests in order to acquire, as far as possible, all rights equivalent to full legal ownership.

To ensure that the Client User can acquire, formalize, and use these intellectual property rights, the Freelancer User will: (i) transfer ownership, title, and possession of media, models, and other tangible objects containing the Work to the Client User; (ii) sign any documents, upon request from the Client User, to assist the Client User with the documentation, formalization, and enforcement of their rights; and (iii) provide the Client User with reasonable assistance and access to information to register, formalize, secure, defend, and enforce these intellectual property rights.

The Freelancer User also irrevocably authorizes the Client User to act and sign on behalf of the Freelancer User and to take any necessary action to formalize the Client User's rights. In the event that, under applicable law, the Freelancer User retains any rights of ownership, integrity, disclosure, and withdrawal of the work, and any other rights that may be known or referred to as “moral rights” (collectively, “Moral Rights”) or other inalienable rights over the Work and/or confidential information under the Service Contract, the Freelancer User irrevocably agrees to waive, and hereby waives, all such rights or, in the event that the Freelancer User cannot waive such rights, the Freelancer User agrees that they will not exercise such rights, until the Freelancer User has provided prior written notice to the Client User and, subsequently, only in accordance with any reasonable instruction that the Client User issues in order to protect their rights.

The Freelancer User must ensure that no work created or submitted by the Freelancer User includes software, technology, or other intellectual property pre-existing, whether such pre-existing intellectual property is owned by the Freelancer User or a third party, including, but not limited to, code written by proprietary software companies or developers in the open source community (collectively, “Pre-existing IP”), without having obtained prior written consent from the Client User to include such Pre-existing IP in the work. The Freelancer User acknowledges that, without prejudice to any other remedy that they might have, the Freelancer User will not be entitled to payment, and must refund all payments made to the Freelancer User for works performed under a Service Contract if the Work Product contains Pre-existing IP that was not approved in accordance with this section.

e. FREELANCER VETTING

Freelancer Users may be subject to a vetting process before they can register and during their use of the PHP WORK ONLINE Site. While PHP WORK ONLINE may perform background checks on the User, PHP WORK ONLINE cannot confirm that each User is who they claim to be and, therefore, cannot assume any responsibility for the accuracy or veracity of the identity, background check information, or information provided by the User through the PHP WORK ONLINE Site.

BY USING THE PHP WORK ONLINE SITE, YOU AGREE TO RELEASE PHP WORK ONLINE FROM ANY LIABILITY OR DAMAGE THAT MAY ARISE FROM A SERVICE CONTRACT. PHP WORK ONLINE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, INCLUDING EXTERNAL PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH FREELANCE SERVICES.

f. LICENSE

Subject to your compliance with these Terms, PHP WORK ONLINE grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) access and use the PHP WORK ONLINE Site on your personal device solely in connection with your use of the PHP WORK ONLINE Site; and (ii) access and use any related content, information, and materials that may be available through the PHP WORK ONLINE Site, in each case solely for your personal, non-commercial use. PHP WORK ONLINE and its licensors reserve all rights not expressly granted herein.

g. RESTRICTIONS

You may not: (i) remove any copyright or other proprietary notices from any part of the PHP WORK ONLINE Site; (ii) reproduce, modify, create derivative works from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the PHP WORK ONLINE Site except as expressly permitted by PHP WORK ONLINE; (iii) decompile, reverse engineer, or disassemble the PHP WORK ONLINE Site except as allowed by applicable law; (iv) link to, mirror, or frame any part of the PHP WORK ONLINE Site; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the PHP WORK ONLINE Site or unduly burdening or hindering the operation and/or functionality of any aspect of the PHP WORK ONLINE Site; or (vi) attempt to gain unauthorized access to or impair any aspect of the PHP WORK ONLINE Site or its related systems or networks.

h. THIRD-PARTY SERVICES AND CONTENT

You may access third-party services and content (including advertising) through the PHP WORK ONLINE Site, which PHP WORK ONLINE does not control. In this respect, you acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. PHP WORK ONLINE will in no case be responsible for any products or services of these third parties.

i. OWNERSHIP

The PHP WORK ONLINE Site and all rights therein are and shall remain PHP WORK ONLINE's property or the property of PHP WORK ONLINE's licensors. Neither these Terms nor your use of the PHP WORK ONLINE Site confer any rights: (i) in or related to the PHP WORK ONLINE Site except for the limited license granted above; or (ii) to use or reference in any manner PHP WORK ONLINE's company names, logos, product and service names, trademarks, or services marks or those of PHP WORK ONLINE's licensors.