Hourspent - Terms & Conditions

We are Hourspent, Inc incorporated in Delaware, US. These are our terms and conditions. They tell you what we do and how we do it.

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.

T&Cs last modified: August 10th, 2019

1. The Crib Sheet

Hourspent operates as distributed teams to build quality products at scale for startups, grant unusual autonomy to our team members, and partner with our clients through thick and thin. Each of our client is automatically our partner.

Services

Services are offered on Hourspent by Hourspent in-house and remote teams. Services offered are either charged per hour, fixed or per item. In some cases, we accept debt and equity arrangements. Services delivered in these ways on Hourspent are collectively referred to in these terms as “projects”. Whether or not a project is accepted and/or assigned is entirely at the discretion of Hourspent project managers. Each team department has no control over this process. Services are provided by our teams directly to our partners who determine the deliverables, price and all other requirements.

On Commencement of a project the partner pays funds into his or her Hourspent wallet through Stripe, and the partner must confirm their requirements upfront with the team prior to making any deposit.

The team must provide regular progress updates and respond within 24 hours to all messages from the partner, in the Channel.

Teams must deliver work within the delivery times agreed with the Partner upfront in the Channel.

Teams must complete their projects and Partners must agree to pay for work delivered. Each member of a team will be penalized for cancellations or refunds caused by them, without just reason. Each team member must provide, and be given the opportunity by the Partner to provide, at least two further iterations on the work delivered if the Partner is not initially satisfied.

Business Model

Hourspent uses a subscription model. Before work begins, we estimate the number of hours and duration of the project based on our experience with similar products. On weekly basis, the agreed weekly payment will be deducted from partner’s card through Stripe. For projects below 8,000 USD, partners must agree to make a 50% upfront deposit to get started on their project. Once 80% of the project has been completed, partners must deposit additional 25%. Once 100% of the project has been completed, partners must deposit extra 25% of the agreed amount. Partners must complete payment within 3 day working days.

Payments

Hourspent agrees to work on Partners projects once payment options have been arranged i.e. Cash received, debt agreement signed, equity or stock certificates has been issued under this agreement.

Hourspent takes its obligations to prevent fraud and money laundering seriously and reserves the right to not assign projects to teams or delay the delivery time frame on projects if fraud or money laundering is suspected. All payments for work completed must go via Hourspent unless Hourspent has given its express written permission otherwise in relation to a specific payment or invoice.

Rights

Once payment has been fully made, Partners are granted all rights for the delivered work. For cases where Hourspent was issued stock or equity, Hourspent will automatically have an ownership stake the Enterprise or startup. For debt agreements, the terms remain valid until payment is fully made.

Contacting

For purposes of service messages, notices, offers and news about HOURSPENT, 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 deadline notifications or when a partner requests a refund.

By accepting these terms, each team automatically opt-in to receive emails from HelloStream, an enterprise service powered by HOURSPENT. HelloStream is a cloud-based project management platform used by enterprise clients to efficiently manage large projects that require the services of multiple teams, contractors and employees.

HOURSPENT takes privacy and data security extremely seriously and users may opt out from receiving project invites and email notifications from HelloStream by logging in to the HOURSPENT account and unsubscribing from the Settings > Notifications page.

2. HOURSPENT user accounts

2.1 User accounts

To access the full HOURSPENT site, Users have to register for an account, provide accurate and complete information, and keep their account information updated. Partners and Teams do not undergo the same account registration process.

Each partner account may be a personal account, but partners are recommended to partner as a solo founder, company or any other legal entity (whether incorporated or unincorporated).

Partners cannot register for more than one account.

HOURSPENT reserve the right to restrict your access, temporarily or indefinitely block your account, stop any projects you have in progress, warn other Partners and Teams of your actions or issue you a warning if:

You breach the letter or spirit of these terms and conditions or the referenced policies;

We are unable to verify or authenticate any information you provide to us;

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 HOURSPENT immediately.

As per US AML regulation, HOURSPENT is unable to support partners from North Korea, Iran, Syria, Cuba, Sudan (Republic of Sudan or North Sudan), South Sudan (Republic of South Sudan), Venezuela, Cuba.

3.1 Project Commencement

Once a partner project has been assigned by the project manager, the assigned team must:

1. Respond in the Channel within one (1) working day to confirm work has started otherwise the Partner may request and will be entitled to a refund.

2. Provide regular progress updates in the Channel and respond within one (1) working day to all messages from the Partner.

3. Complete the project within the delivery timescales indicated on the contract including handover of all deliverables in the Channel. Failing to deliver within those timescales may mean the Partner requests and is entitled to a refund.

All direct communication between Partner and teams must go via the Channel to keep both parties protected in case of a Dispute.

If the Partner is not satisfied with the deliverables, they may provide the team with detailed feedback on what work remains outstanding. The team must provide, and be given the chance to provide, at least two revisions of the deliverables based on detailed feedback from the Partner.

If no feedback is submitted, HOURSPENT and its team will be entitled to assume that the Partner is satisfied with the project and does not have a dispute of any kind in relation to the project. The Partner agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.

3.2 Custom Projects

Payment for projects are either agreed as fixed price, debt, equity, price per item or as a per hour rate project:

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

For a fixed priced custom project, the Partner agrees to pay based on deliverables. He or she may agree upfront in the Channel whether to divide the project into milestones, with associated milestone payments or make daily payment.

For price per item custom project the Partner agrees to pay for all items delivered.

On signing a contract, the Partner will pay into his Hourspent account the agreed deposit amount.

The Partner must provide their detailed requirements in the Channel prior to signing any contract. These requirements should include (but not be limited to):

Timeframe for delivery of the project or milestones;

Description of any subjective elements of the project like aesthetics providing similar examples;

Breakdown of all expected deliverables;

Any other expectations for the work.

Once requirements have been received from the Partner, the assigned team must:

Respond in the Channel within one (1) working day to confirm commencement of work. Failing to respond within one (1) working day may mean the Partner requests and will be entitled to a refund.

Provide regular progress updates in the Channel and respond within one (1) working day to all Channel messages from the Partner.

Complete the project, including handover of all deliverables in the Channel, within the delivery timescales agreed with the Partner,

If missing a previously agreed deadline is unavoidable then the team must inform the Partner immediately in the Channel and provide a revised delivery date.

Failing to deliver the work within agreed timescales, or repeatedly revising previously agreed deadlines, may mean the Partner requests a cancellation and will be entitled to a refund.

3.4 Quality

All Teams on HOURSPENT must strive to deliver a high standard of work, appropriately meeting their Partner's needs or more than expected.

Specifically, Teams must ensure that all deliverables are:

Error free;

Fully address each of the Partner's defined requirements;

Are a complete set of deliverables as defined in the contract or as agreed in the Channel as part of the requirements for custom projects;

and, for Offers and projects, are of a standard consistent with the level of expertise expected.

3.5 The heavy but important bits:

The Partner and Hourspent 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 or equity stake directly between them. The Partner and Hourspent create a direct service/product contract between themselves.

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 Partner upon successful payment to Hourspent. If the Partner and Hourspent 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, debt, stock, equity or special rights of termination), the Partner and Freelancer should negotiate and document these terms in the project Channel.

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 fully paid for the project. Hourspent thereby assigns to the Partner absolutely with full title guarantee the following rights throughout the world:

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

Any database right subsisting in the project and all other rights in the project of whatever nature, whether now known or created in the future, to which the team 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 USA 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:

you are able to pay for the services if you are a Partner and perform the services if you are part of Hourspent team.

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

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 PAYE or other income tax and national insurance;

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 HOURSPENT provide, 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.

3.5.1 Product/service categorization

Using historical data, our Data Science team have created machine learning models that try to predict what services specific enterprises and startups will most likely need. We can therefore organize products and services into different categories:

a. Recommended project

Products and services startups and services will very likely want to accept.

b. Low Relevance products and services

Products and services startups and services will very likely not want to accept.

4. Payments

Payments are made as described in Section 3, for a project agreed by the Partner as successfully completed. The payment terms are three (3) days except for Per Hour Contracts which is one (1) days.

Payments by Partners are routinely checked by HOURSPENT for fraud prevention purposes. HOURSPENT aim to process these payments within three (3) working days, however HOURSPENT reserve the right to take up to ten (10) working days.

For security reasons, HOURSPENT reserves the right to request additional information from Partners and Teams, 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 HOURSPENT 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:

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.

6.2 Project Refund policy

A Partner is entitled to receive a refund of funds under the following circumstances:

No response: Hourspent team has not responded in the Channel within one (1) working day of the Commencement of the project;

Non-delivery:

Non-delivery means agreed scope of work was not delivered within the agreed timescales;

For per hour rate Custom projects no time has been spent.

Partner and Hourspent team 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 HOURSPENT.

Partners 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 Partner's account being automatically suspended.

6.2.1 Requesting a refund

A Partner can request a refund of the funds using the “Request Refund” action in the Channel and specifying a reason for their request.

HOURSPENT 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 HOURSPENT reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations HOURSPENT shall not be obliged to make the refund.

6.2.2 Refund and cancellation penalties

Hourspent strictly discouraged from causing cancellations and refunds.

7. Disputes

HOURSPENT encourage our Teams and Partners to try and resolve any disagreements between themselves. However should that not be possible HOURSPENT CEO 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 Channel, 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, HOURSPENT CEO will use only the communication in the Channel as sole evidence, and consider:

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

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;

for Disputes concerning the quality of the work delivered: the project manager will consider whether the team 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;

if the Partner and team have complied with these terms and conditions.

In the event of having to make a resolution decision on behalf of the parties, HOURSPENT CEO 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 HOURSPENT in accordance with the resolution decision of a Dispute are made in good faith and Users shall have no cause of action against HOURSPENT (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 HOURSPENT liable for a Partner or Freelancer’s alleged actions or failures.

15. Definitions

In these terms and conditions:

'Billing' is the total invoices paid during the month;

'Partner' means a client buying services from Hourspent.

'Commencement of the project' means either the purchase of an Offer by the Partner or acceptance of a Proposal for a custom project by the Partner in the Channel;

‘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 HOURSPENT;

'Custom Project' is a piece of work that commences with the acceptance of a Proposal by a Partner or the acceptance of a Hire request by Hourspent. This work is agreed either after the Partner has contracted Hourspent or in direct communication between a Partner and Hourspent in the Channel. A custom project can also be agreed as a follow-on piece of work after an Offer purchase;

'Guest' means an unregistered user of HOURSPENT;

'Per Hour Contract' is a piece of work that commences with a Partner placing a valid payment method on file that can be charged repeatedly by HOURSPENT and the acceptance of a Per Hour Proposal by the Partner or the acceptance of a Hire request by Hourspent.

‘Dispute' means a dispute raised in relation to a rejected Invoice;

'Offer' means a pre-packaged service, that is offered by HOURSPENT for a fixed price and delivered within fixed timescales.

'Invoice' means a bill for a completed project which is raised by Hourspent in the Channel or in the HOURSPENT payments dashboard;

'Project' means a piece of work that Hourspent and Partner agree to be delivered by Hourspent team to the Partner. Project refers to work either agreed when the Partner purchases an Offer, or when a Proposal by Hourspent is accepted by the Partner for a custom project;

‘HOURSPENT' means the website with the domain name www.hourspent.com or Hourspent, Inc as the context so requires;

‘HOURSPENT User Account' means a User’s HOURSPENT persona, profile, settings, activities, invoices, transactions and funds balance available.

'Proposal' means an offer made by Hourspent to a Partner to provide a custom project and which must contain a fee quotation;

‘Team' means a group of people Trained, recruited and distributed to work with Partners on HOURSPENT;

‘User' means any registered person who uses HOURSPENT;

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

'Channel™' is where all the communication between Partner and Team is conducted in private. Via the Channel, both 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.

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