Terms and Conditions

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Learnexus Terms And Conditions

Last Updated: January 11, 2021

By using our site, you indicate that you accept these terms and conditions, and the referenced policies, and that you agree to abide by them.

1. What We Do

Learnexus Inc. operates Learnexus, a platform linking Freelancers to Employers.

Services

Services are offered on Learnexus through either Offers, which are fixed price services; or custom projects, which can be fixed price, price per hour or price per item. Services delivered in these ways on Learnexus are collectively referred to in these terms as “projects”. Whether or not a project is offered and/or accepted is entirely at the discretion of the Freelancer/Employer. Learnexus has no control over this process. Services are provided by Freelancers directly to Employers, who determine the deliverables, price and all other requirements. On Commencement of a project the Employer pays funds into the Escrow Account, and the Employer must confirm their requirements upfront in the Platform. The Freelancer must provide regular progress updates and respond within one (1) working day to all messages from the Employer, in the Platform. Freelancers must deliver work within the delivery times either defined in their Offer, or agreed with the Employer upfront in the Platform for custom projects. Freelancers’ rankings will be penalized for late delivery. Freelancers must fulfill their projects and Employers agree to pay for work delivered. Users will be penalized for cancellations or refunds caused by them, without just reason. Freelancers must provide, and be given the opportunity by the Employer to provide, at least two further iterations on the work delivered if the Employer is not initially satisfied. Once the project has been completed the Freelancer will raise a request to receive payment, including the release of funds held in the Escrow Account. Freelancers must not request payment upfront before work has been completed. Employers must pay within the 7 day payment terms

Funds

Learnexus IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Freelancers. We strongly recommend that all users do not hold dormant balances on the platform. No user is permitted to hold a dormant balance on the platform for more than 30 days. Learnexus reserves the right to apply Admin Fees or write downs to dormant balances until they are withdrawn or become zeroed. Funds held by Learnexus on the platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency. Learnexus holds the funds in a separate client account.

Payments

Learnexus acts as an Agent of Payment between the Employer and Freelancer. In return for full invoice payment by the Employer for the project, Learnexus agrees to discharge the Employers obligations relating to debts owed to the Freelancer under this agreement. Learnexus agrees to make such funds available to the Freelancer balance within 24 hours, subject to fraud and AML procedures. Freelancers are then able to withdraw those funds subject to the setting up of a valid withdrawal account. Learnexus takes its obligations to prevent fraud and money laundering seriously and reserves the right to delay payments to Freelancers if fraud or money laundering is suspected. All payments for work completed must go via Learnexus unless Learnexus has given its express written permission otherwise in relation to a specific payment or invoice; attempts to pay outside of Learnexus will lead to sanctions not limited to immediate account suspension. Users must immediately report to Learnexus any offers to pay outside of Learnexus made by their Employer or Freelancer.

Rights

Once payment has been made, Employers are granted all rights for the delivered work.

Contacting

For purposes of service messages, notices, offers and news about Learnexus, Users receive alerts on certain pages and emails to the email addresses associated with their accounts. If you do not want to receive newsletters, announcements, or other communications and/or services from our Site, please do not opt-in for those communications or services at the time of registration. If you have opted-in and, at a later time, wish to opt-out, please click on the relevant link inserted in our communications. In every Interesting and Important e-mail communication sent to you, we provide you the opportunity to discontinue receiving future communications (i.e., unsubscribe). Simply follow the unsubscribe process or directions provided in these emails. For the orderly operation of the platform, users cannot opt-out from Essential emails such as when receiving an invoice or when a Employer requests a refund.

2. Learnexus User Accounts

To access the full Learnexus site, Users have to register for an account, provide accurate and complete information, and keep their account information updated. Both Employers and Freelancers undergo the same account registration process.

Each account must be a personal account, but Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated).

Users cannot register for more than one account.

Learnexus reserves the right to restrict your access, temporarily or indefinitely block your account, stop any projects you have in progress, warn other Employers and Freelancers of your actions or issue you a warning if:

1. you breach the letter or spirit of these terms and conditions or the referenced policies; 2. we are unable to verify or authenticate any information you provide to us; 3. we believe that your actions may cause any loss or liability to our Users or to us

Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking or if someone steals their password when they have taken reasonable steps to keep it secure). Users may never use another person’s user account or registration information for the Website.

You confirm that you are not economically barred/limited under sanctions rules of any country worldwide. If your circumstances change to be included in such lists, please cease using Learnexus immediately.

3. Project Delivery

Project Offers

On purchase of an Offer the Employer’s funds will be held in the Escrow Account.

The Employer will then need to provide their requirements (as specified in the Offers description page) in the Platform so that the Freelancer can get started.

Once the requirements are provided in the Platform by the Employer, the Freelancer must:

1. respond in the Platform within one (1) working day to confirm work has started otherwise the Employer may request and will be entitled to a refund in accordance with Section 6;

2. provide regular progress updates in the Platform and respond within one (1) working day to all messages from the Employer;

3. complete the project within the delivery timescales indicated in their Offer description including handover of all deliverables in the Platform. Failing to deliver within those timescales may mean the Employer requests and is entitled to a refund in accordance with Section 6;

4. late or non-delivery will negatively affect the Freelancer’s rankings on Learnexus.

All direct communication between Employer and Freelancer must go via the Platform to keep both parties protected in case of a Dispute.

Once the Offer has been completed the Freelancer will raise an invoice and:

1. the Employer is then able to leave feedback for the Freelancer, upon which the funds held in the Escrow Account will be automatically released to the Freelancer as payment;

2. alternatively, if the Employer is not satisfied with the deliverables they can reject the invoice and provide the Freelancer with detailed feedback on what work remains outstanding. The Freelancer must provide, and be given the chance to provide, at least two revisions of the deliverables based on detailed feedback from the Employer;

3. if the Employer does not either i) leave feedback for the Freelancer, nor ii) reject the invoice, the funds held in the Escrow Account will be automatically released on their behalf to the Freelancer as payment after seven (7) days.

4. if the funds held in the Escrow Account are released to the Freelancer in accordance with a) or c) above, Learnexus and the Freelancer will be entitled to assume that the Employer is satisfied with the project and does not have a dispute of any kind in relation to the project. The Employer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.

Custom Projects

The Freelancer’s payment for custom projects are either agreed as fixed price, price per item or as a per hour rate project:

1. for a per hour rate custom project the Employer agrees to pay the Freelancer based on the time spent, not on the real or perceived quality of any deliverables provided. The Freelancer must provide the Employer, on request, with a breakdown of their billed hours as evidence;

2. for a fixed priced custom project the Employer agrees to pay the Freelancer based on deliverables. The parties should agree upfront in the Platform whether to divide the project into milestones, with associated milestone payments. If milestones have not been agreed then the Custom project will only be invoiced on full completion of all deliverables.

3. for price per item custom project the Employer agrees to pay the Freelancer for all items delivered.

On acceptance of a Proposal the Employer will pay into the Escrow Account the agreed deposit amount.

The Employer must then provide their detailed requirements in the Platform so that the Freelancer can get started. These requirements should include (but not be limited to):

1. timeframe for delivery of the project or milestones;

2. description of any subjective elements of the project like aesthetics providing similar examples;

3. breakdown of all expected deliverables;

4. any other expectations for the work.

Once requirements have been received from the Employer, the Freelancer must:

1. respond in the Platform within one (1) working day to confirm commencement of work. Failing to respond within one (1) working day may mean the Employer requests and will be entitled to a refund in accordance with Section 6;

2. provide regular progress updates in the Platform and respond within one (1) working day to all Platform messages from the Employer;

3. complete the project, including handover of all deliverables in the Platform, within the delivery timescales agreed with the Employer,

Note the following:

1. if missing a previously agreed deadline is unavoidable then the Freelancer must inform the Employer immediately in the Platform and provide a revised delivery date.

2. failing to deliver the work within agreed timescales, or repeatedly revising previously agreed deadlines, may mean the Employer requests a cancellation of the custom project and will be entitled to a refund of any funds in the Escrow Account.

3. late or non-delivery of a project will negatively affect the Freelancer’s rankings on Learnexus.

All direct communication between Employer and Freelancer should go via the Platform to keep both parties protected in case of a Dispute.

When the Custom project is completed (or an agreed milestone has been reached) the Freelancer will raise an Invoice:

1. the fees charged in the Invoice should be as has been explicitly agreed upfront in the Proposal. If requirements/ scope changes materially during a custom project the Freelancer may need to propose a change to a previously agreed price. This must be explicitly agreed in the Platform before any extra work is undertaken so that the Employer can confirm whether they wish to proceed with the additional scope for the extra cost;

2. the Employer must pay the Invoice within seven (7) days of the Invoice being raised;

3. alternatively, if the Employer does not agree that the project has been completed then the Employer can reject the Invoice. The Employer must then provide the Freelancer with detailed feedback in the Platform on what work remains outstanding. The Freelancer must provide, and be given the chance to provide, at least two iterations of the deliverables based on detailed feedback from the Employer;

4. if the Employer does not either i) pay the Invoice or ii) reject the Invoice within such seven (7) day period Learnexus will provide assistance to the Freelancer to chase payment and may temporarily or permanently restrict the Employer’s account. If the Invoice remains unpaid after fifteen (15) days a final 24-hour notification will be issued to the Employer. If after 24 hours the Employer has not responded to this notification the funds in the Escrow Account, up to the unpaid Invoice amount, will be automatically processed and will remain at the discretion of Learnexus for approval.

5. if the Employer pays the invoice or funds are utilized in accordance with d) above, Learnexus and the Freelancer will be entitled to assume that the Employer is satisfied with the project and does not have a dispute of any kind in relation to the project. The Employer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.

Per Hour Contracts

The Freelancer’s payment for Per Hour Contracts is set as a per hour rate project using the per hour rate as stated on the Freelancer’s profile at the time of the Per Hour Contract setup. The Employer agrees to pay the Freelancer based on the time spent, not on the real or perceived quality of any deliverables provided.

On acceptance of a Per Hour Proposal and on hire request, the Employer must place a valid payment method on file and gives authorization to Learnexus to charge it repeatedly per Learnexus’ Terms and Conditions.

Every seven (7) days an invoice will be automatically raised by the system on behalf of the Freelancer according to the number of hours tracked by the Freelancer during the last seven (7) days and the per hour rate of the Per Hour Contract.

Upon invoice raise:

1. The Employer can pay the Invoice manually within three (3) days of the Invoice being raised.

2. If not paid manually by the Employer within three (3) days, the invoice will be automatically paid by the system charging one of the payment methods of the Employer on file at any time.

Protection For Freelancers

In the rare event that a Employer refuses payment for legitimate services performed by a Freelancer, Learnexus will provide limited payment protection to the Freelancer as mentioned below (“Per Hour Payment Protection”). Per Hour Payment Protection will be provided only if all of the following criteria are met:

1. Employer must have an Account in good standing and at least one valid and authenticated Payment Method, and Employer must agree to automatically pay for hours billed by the Freelancer.

2. Freelancer’s Account must be in good standing.

3. The number of hours billed must not exceed the weekly limit of hours as defined in the Per Hour Contract.

4. Within ten (10) days after invoice raise, if the invoice is rejected the Freelancer must submit a Dispute specifically identifying the details of the work that should be paid. Within ten (10) days after invoice raise, if the invoice is not rejected and not paid the Freelancer must contact Learnexus Customer Support identifying the details of the work that should be paid.

Per Hour Payment Protection is available with a maximum rate per hour protected by Learnexus to Freelancer the lesser of

1. the rate defined in the Per Hour Contract terms;

2. the usual per hour rate billed by Freelancer on the Site across all Employers; and

3. the going rate for the same skills on the Site in Freelancer’s area (such determination to be made in Learnexus’ sole discretion).

Protection For Employers

Learnexus will adjust the invoice to Employer for work that is not clearly related to either the project requirements or Employer instructions in the Platform and within the hours authorized for the week, subject to and conditioned on the following terms:

1. Employer must have an Account in good standing and at least one valid and authenticated payment method, and Employer must agree to automatically pay for hours billed by the Freelancer.

2. Freelancer’s Account must be in good standing.

3. The Employer rejects the invoice within three (3) days of the Invoice being raised identifying the time billed and screenshots of the Freelancer’s screen that are not clearly related to either the project requirements or Employer instructions in the Platform.

Quality

All Freelancers on Learnexus must strive to deliver a high standard of work, appropriately meeting their Employer’s needs.

Specifically, Freelancers must ensure that all deliverables are:

1. error free;

2. fully address each of the Employer’s defined requirements;

3. are a complete set of deliverables as defined in the Offer description or as agreed in the Platform as part of the requirements for custom projects;

4. and, for Offers and projects, are of a standard consistent with the level of expertise indicated in the Freelancer’s profile and proposals.

Obligations

The Employer and Freelancer decide on the type of project, Hourly, custom or fixed price. They determine the terms and conditions of “projects” , including deliverables, any specific requirements, and for “projects” the price, directly between them. The Employer and Freelancer create a direct service contract between themselves and Learnexus is not party to that contract (‘the Service Contract’).

Subject to this being varied as part of the Service Contract, ownership in and to any materials and or deliverables arising from a project and any intellectual property rights therein, will be assigned to the Employer upon successful payment to the Freelancer. If the Employer and Freelancer wish to include any special terms of the contract (for example, in relation to the ownership of the work produced, ownership of intellectual property rights or special rights of termination), the Employer and Freelancer should negotiate and document these terms in the project Platform.

Subject to variation in the Service Contract, the terms and conditions of each project shall be deemed to incorporate a term that in consideration of the fee paid for the project the Freelancer thereby assigns to the Employer absolutely with full title guarantee the following rights throughout the world:

1. the entire copyright and all other rights in the nature of copyright subsisting in the project

2. any database right subsisting in the project and

3. all other rights in the project of whatever nature, whether now known or created in the future, to which the Freelancer is now, or at any time after the date of Commencement of the project may be entitled by virtue of the laws in force in the United States and in any other part of the world, 

in each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of Commencement of the project.

You promise that:

1. you are able to pay for the services if you are a Employer and perform the services if you are a Freelancer;

2. you are not in breach of any applicable laws, rules or regulations or obligations to any other person;

3. you have made and will make all required legal and tax filings. If relevant, you will file all necessary legal documentation relating to your self-employment required by any governmental body, and pay all applicable taxes including without limitation other income tax and national insurance;

4. you shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, project, or Proposal on or through the services Learnexus provides, including without limitation any User Content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.

4. Payments

Payments are made as described in Section 3, for a project agreed by the Employer as successfully completed . The payment terms are seven (7) days except for Per Hour Contracts which is three (3) days.

For projects, the Freelancer must not request a release of funds from the Escrow Account prior to project completion; the purpose of funds being held in the Escrow Account is to provide the Freelancer with the security needed for them to undertake the work. Employers must report such cases immediately. In such cases the Freelancer’s account may be temporarily or permanently suspended.

Regular payments may be made utilizing the Auto Pay feature or Per Hour Contracts. Learnexus provides this facility solely to simplify the payment process. Use of this facility does not alter the nature of the relationship between Learnexus and its Users or between Employers and Freelancers.

All payments between Employer and Freelancer must be processed through Learnexus as described in Section 3, both for work sourced on Learnexus and for any subsequent work between the Employer and Freelancer, either for the same project or additional projects. A Freelancer may seek express written permission from Learnexus to allow payment by alternative means for a specific invoice or payment if the Freelancer intends to issue proceedings or pursue legal action against the Employer.

Payment (or attempt of) outside of Learnexus is a breach of these terms and conditions unless the prior express written consent of Learnexus has been obtained. Such payment (or attempt of) and will lead to temporary and/ or permanent suspension of the Employer and/ or Freelancer’s account. The Freelancer will be liable for any perceived loss of business and legal expenses that Learnexus may incur in recovering fees. Learnexus reserves the right to sanction funds held in the Freelancer’s Account in order to recover lost fees. Moreover, Learnexus will not mediate any disputes or be liable to either the Employer or Freelancer’s loss of business as a result of violation of this clause. Users must report attempts or offers to make payment outside of Learnexus by their Employer or Freelancer to Learnexus immediately.

Payments by Employers are routinely checked by Learnexus for fraud prevention purposes, before any payments are released to the Freelancer. Learnexus aim to process these payments and credit funds to the Freelancer’s Learnexus User Account within three (3) working days, however Learnexus reserves the right to take up to ten (10) working days.

To withdraw funds from their Learnexus User Account a Freelancer needs to request a withdrawal on an authorized withdrawal account. An authorized withdrawal account can be either:

1. a bank account under the user’s name as registered on his profile

2. a PayPal account with the same name and email address as registered on the user’s profile

3. a PayPal account with the same name as registered on the user’s profile and an email address that has been verified by the user

Learnexus processes payments daily and will send the money to the Freelancer via their selected payment preference. Once Learnexus has processed payments, they are then subject to timescales imposed by the banking clearing system (ACH in the United States).

For security reasons, Learnexus reserves the right to request additional information from Employers and Freelancers, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:

• a copy of a Government issued ID (Passport, Driver’s License or National ID Card);

• a copy of a recent utility bill showing your name and address (less than 3 months old);

For credit/debit card users (one of the following):

• a copy of the front and back of the card used. For Security Compliance we recommend that you blank out the central 8 digits of the card number digits, and the last three digits from the number on the back;

• Credit or Debit Card Bank Statement of the card used on your Learnexus User account (less than 3 months old). For Security Compliance you must blank out the central 8 digits of the card number digits;

For PayPal users:

• PayPal Account statement showing your PayPal registered name, email address and verification status along with any relevant transactions.

For international Bank transfers, credit to the beneficiary may be delayed by factors such as local bank holidays, delays by an intermediary bank or other local conditions. Please note that some countries have been designated as “slow-to-pay” countries, and transfers made to those countries may take several days or even weeks in crediting the receiving account.

In using the Escrow Account Learnexus acts, subject to these terms and conditions, on the User’s behalf. Learnexus hold the funds in a separate client account. Learnexus IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Freelancers. We strongly recommend that all users do not hold balances on the platform. Funds held by Learnexus on the platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency. Users will not receive interest or other earnings on the funds in their Escrow Account or Learnexus User Account. Learnexus will endeavor to ensure that the funds in the Escrow Account or Learnexus User Account are available to the User in accordance with these Terms and Conditions but do not guarantee that they will be available to the User in circumstances which are unforeseen or beyond our control.

If Learnexus has to return funds to the Employer due to the Employer (contrary to these Terms and Conditions) filing a dispute or requesting a payment be reversed through its credit card provider, bank or PayPal then Learnexus will be entitled to recover any such amount from the Freelancer’s Learnexus User Account (and if insufficient monies are in the Freelancer’s Account), credit card or other previously made payment method if available. If Learnexus is unable to recover the amount returned to the Employer from the Freelancer in full then the Freelancer agrees to pay to Learnexus any outstanding sums within 48 hours of Learnexus making a request.

To prevent funds being held indefinitely in the Escrow Account, Learnexus will notify the Freelancer in the event of funds being held in an Escrow Account for a project that i) does not have an unpaid Invoice nor an open Dispute; and ii) has not had any activity in the Platform for a period of one (1) calendar month or longer. Activity is defined as any action by the Employer or Freelancer in the Platform such as: a message posted, an Invoice is raised, a deposit into the Escrow Account made or a Refund Request raised.

1. The Freelancer will be asked to confirm either i) that the project is still in progress by posting a message to the Employer in the Platform with an update on progress; ii) that the project has been completed by raising an Invoice in accordance with the terms defined in Section 3; or iii) that the project was cancelled and issuing the Employer with a refund in accordance with the terms in Section 6.

2. If no action is taken by the Freelancer within seven (7) days it will be assumed that the project was not delivered by the Freelancer and the funds held in the Escrow Account will be automatically refunded back to the Employer’s Learnexus User Account. In this event the Freelancer’s rankings will be affected in accordance with the terms in Section 6.

Learnexus uses third-party service providers including PayPal, Stripe, and Escrow.com to process payments by Employers and to transfer funds to Freelancers. These third-party payment service providers are regulated and authorized to provide payment services in the countries where they operate. Learnexus may share your personal or transactional information with third-party payment service providers when it is necessary to process payments.

5. Leaving Feedback

When the project is completed and the Freelancer has been paid by the Employer, both parties are asked to provide both qualitative feedback and a rating from 1-5 for the other party. This rating influences each User’s ranking on Learnexus. In order for a user to read a received review, they have to submit their feedback as well. A review (feedback) is published on the member profile page when both parties (Employer and Freelancer) leave their feedback within the first 60 days since invoice payment (funds released / amount paid). In case 60 days have passed, any submitted review is disclosed and users that haven’t left any review will no longer be able to do so.

Both parties should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to Learnexus.

Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.

6. Cancellations And Refunds

Cancellations Of A Project

After the Commencement of a project, the Employer may request a cancellation:

If there are funds in the Escrow Account and the Employer believes they are entitled to a refund, the Employer can notify Learnexus of the cancellation by requesting a refund using the “Submit Dispute” action on the Platform.

Project Refund Policy

A Employer is entitled to receive a refund of funds held in the Escrow Account under the following circumstances:

1. no response: the Freelancer has not responded in the Platform within one (1) working day of the Commencement of the project;

2. non-delivery:

1. for Offers, the Freelancer of an Offer did not deliver the scope of work within the delivery timescales indicated in the Offer.

2. for fixed price or price per item Custom projects, non-delivery means agreed scope of work was not delivered within the agreed timescales;

3. for per hour rate Custom projects no time has been spent.

3. poor quality: with the exception of per hour rate Custom projects, the deliverables provided by the Freelancer do not meet the terms defined in Section 3.2.

Employer and Freelancer may mutually agree to a refund for reasons other than the previous clause however authorization of such refunds will be subject to a review by Learnexus, as defined in Section 6.2.1 .

Refunds are only applicable to funds held in the Escrow Account. As per Section 3, funds should only be paid out of the Escrow Account once the Employer is satisfied that the project (or any agreed milestone deliverables) has been completed. By releasing funds from the Escrow Account the Employer accepts that this money is non-refundable.

Employers must avoid filing a dispute or reversing payment through their credit card holder, Bank or PayPal. Attempts to seek a refund in this way will lead to the Employer’s account being automatically suspended.

Requesting A Refund

A Employer can request a refund of the funds held in the Escrow Account using the “Submit Dispute” action in the Platform and specifying a reason for their request.

Learnexus will process refund requests subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If Learnexus reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations Learnexus shall not be obliged to make the refund.

Refund And Cancellation Penalties

Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the Learnexus marketplace as follows:

1. where the Freelancer is at fault for the refund (for example, due to no response, poor quality of work or they have cancelled the project), it will negatively impact their Freelancer status and rankings;

2. where the Employer is found to be the cause for the refund (for example, an early cancellation due to a change in their business need) it will negatively impact their Employer status;

3. multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.

7. Disputes

Learnexus encourages our Freelancers and Employers to try and resolve any disagreements between themselves. However should that not be possible Learnexus Customer Services can provide Dispute resolution.

A Dispute can be raised:

1. by the Freelancer manually after a Employer has rejected an invoice;

Disputes are available to Freelancers that have qualified as trusted members of the Learnexus community.

For Invoice Disputes specifically, the amounts taken into consideration for the Dispute are the lower of the escrow balance or invoice amount.

If the amount disputed is USD $160 or above, Learnexus may reach out to both parties in order to mediate and try and bring the Dispute to resolution.

Learnexus will aim to make a resolution decision on behalf of both parties within seven (7) days. If a mutual resolution has already been agreed between both parties on the Platform, then the dispute will either be cancelled or resolved in line with the mutual agreement.

In the event of having to make a resolution decision, Learnexus will use only the communication in the Platform as sole evidence, and consider:

1. if both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both parties to complete or rectify the project;

2. if the project was delivered (or the milestone was met, if the Dispute is for a milestone payment) in accordance with the terms in Section 3;

3. for Disputes concerning the quality of the work delivered: Learnexus will consider whether the Freelancer has met general quality standards as defined in Section 3.3. Assessments on quality i) down to perceived taste, or ii) requiring specialist technical or subject matter expertise, will not form part of the resolution decision;

4. if the Employer and Freelancer have complied with these terms and conditions.

In the event of having to make a resolution decision on behalf of the parties, Learnexus will notify both parties within fourteen (14) days of the Dispute. The disputed funds shall be dealt with in accordance with the resolution decision and these terms and conditions. Our involvement with the Dispute ends once the resolution in relation to the Dispute has been communicated

Users agree and accept that any payments and/or other actions made by Learnexus in accordance with the resolution decision of a Dispute are made in good faith and Users shall have no cause of action against Learnexus (whether in contract, tort or otherwise) in respect of the resolution decision or any such actions or payments made pursuant to it. Users further agree and accept that they have no right to seek to hold Learnexus liable for a Employer or Freelancer’s alleged actions or failures.

8. Learnexus Fees

Employer Fees

The Employer fees are for the use of Learnexus as an intermediate platform, they do not reflect the outcome of any Freelancer collaboration and will not be refunded. Employer fees are 2.75% per transaction.

We may make changes to our service fees from time to time. These changes will be reflected in updated terms issued by us, which will apply to any transactions which take place after the updated fees come into force.

Freelancer Fees

Learnexus reserves the right to charge Freelancers a Service Fee of 20% of project billings.

Bank transfer investigation fee – Please note that if there is a delay in payment from the banking institution, a formal investigation can be initiated with the bank to determine transaction issues. There is a USD $30 fee that is issued which must be applied by the customer in order to initiate this process.

Chargeback or RFI (Request for Information) fee – A chargeback is a disputed card transaction filed by a Employer with their card issuer when they dispute a payment or when their card is being used without their authorization. An RFI is a Request for Information the bank raises asking Learnexus for additional information regarding a particular transaction, which may be in dispute or unauthorized. The Employer’s bank charges Learnexus a fee in both of these instances and as a result, we are passing these fees to Freelancers whose Employer filed a Chargeback or RFI with their bank for a particular project/payment. The Fee per Chargeback is USD $20 and USD $9 per RFI.

In case of chargebacks, if the Employer’s credit card company decides in the Freelancer’s favor, the Freelancer will be refunded the money to their Learnexus User account. If the decision is in favor of the Employer, the transaction will be cancelled, the Employer will receive a full refund, and the Fee amount will be deducted from the Freelancer’s Learnexus User account.

Admin Fee For Inactive Accounts

Learnexus IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Freelancers. We strongly recommend that all users do not hold dormant balances on the platform. No user is permitted to hold a dormant balance on the platform for more than 30 days. If a User has held dormant funds in their Learnexus User Account for a period of sixty (60) days or more then Learnexus reserves the right to charge a monthly administration fee of USD $9.95 for holding those funds on behalf of the User. This fee will be automatically collected each month from the funds in the User’s Learnexus User Account starting from the sixty first (61st) calendar day. The collection of this fee will end when either i) funds held are less than 60 days old, ii) the balance is cleared.

Currency Conversion

If you require a transaction within the Learnexus site which involves a currency conversion, it will be completed at a foreign exchange rate determined by an official institution, which is adjusted on a regular basis. Exchange rate fluctuations are not under Learnexus control.

9. General Terms Of Website Use

The Learnexus terms of website use define how Users may make use of Learnexus whether as a guest or a registered user. They contain the heavy but important stuff so please read them carefully.

10. Privacy Policy

By proceeding to use the Learnexus service, Users consent that Learnexus may process the personal data (including sensitive personal data) that Learnexus collects from them in accordance with the Learnexus Privacy Policy.

Learnexus may use your personal data to gather feedback regarding your experience you may have with our platform. This helps our business grow by assembling useful information from our end-users.

Learnexus is not a party to any Service Contract between Employer and Freelancer. Any Service Contract between a Employer and Freelancer shall be in accordance with such Freelancer’s privacy policy.

11. Governing Law

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States. The courts of the United States shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).

12. Definitions

In these terms and conditions:

1. ‘Billing’ is the total invoices paid during the month;

2. ‘Employer’ means a person buying services from a Freelancer on Learnexus;

3. ‘Commencement of the project’ means either the purchase of an Offer by the Employer or acceptance of a Proposal for a custom project by the Employer in the Platform;

4. ‘Content’ means such things as data, text, photographs, videos, audio clips, written posts and comments, graphics, User content and interactive features generated, provided, or otherwise made accessible on or through Learnexus;

5. ‘Custom Project’ is a piece of work that commences with the acceptance of a Proposal by a Employer or the acceptance of a Hire request by a Freelancer. This work is agreed either after the Employer has posted a request on Learnexus or in direct communication between a Employer and a Freelancer in the Platform. A custom project can also be agreed as a follow on piece of work after an Offer purchase;

6. ‘Guest’ means an unregistered user of Learnexus;

7. ‘Per Hour Contract’ is a piece of work that commences with a Employer placing a valid payment method on file that can be charged repeatedly by Learnexus and the acceptance of a Per Hour Proposal by the Employer or the acceptance of a Hire request by the Freelancer

8. ‘Dispute’ means a dispute raised in relation to a rejected Invoice;

9. ‘Escrow Account’ means the virtual account where money is deposited on Commencement of the project and is only released in accordance with these terms and conditions;

10. ‘Offer’ means a pre-packaged service that is offered on Learnexus by a Freelancer for a fixed price and delivered within fixed timescales.

11. ‘Invoice’ means a bill for a completed project which is raised by the Freelancer in the Platform or in the Learnexus payments dashboard;

12. ‘Project’ means a piece of work that a Freelancer and Employer agree via Learnexus is to be provided by the Freelancer to the Employer. Project refers to work either agreed when the Employer purchases an Offer, or when a Proposal by a Freelancer is accepted by the Employer for a custom project;.

13. ‘Learnexus’ means the website with the domain name learnexus.com or Learnexus as the context so requires;

14. ‘Learnexus User Account’ means a User’s Learnexus persona, profile, settings, activities, invoices, transactions and funds balance available for you to withdraw;

15. ‘Proposal’ means an offer made by a Freelancer to a Employer to provide a custom project and which must contain a fee quotation;

16. ‘Freelancer’ means a person selling services to a Employer via Learnexus;

17. ‘User’ means any registered person who uses Learnexus;

18. ‘User Content’ means all Content uploaded, submitted, distributed, or posted to the services by Users, including without limitation, Proposals and communication via the Platform. User Content does not include any materials or deliverables, or intellectual property therein arising from a project, which shall be assigned to the Employer on successful payment for the project. User Content is the sole responsibility of the person who originated it;

19. ‘Platform’ is where all the communication between Employer and Freelancer is conducted in private. Via the Platform, the parties can exchange information including attachments, send a Proposal or raise an Invoice, make payments, request a refund or raise a Dispute in relation to a project.

Please contact us at [email protected] should you have any questions about our terms and conditions.

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