Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Website Name accessible at earnraha.com

These Terms will be applied fully and affect your use of this Website. By using this Website, you agreed to accept all terms and conditions written here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

Intellectual Property Rights

Other than the content you own, under these Terms, Company Name and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted a limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following:

• publishing any Website material in any other media;
• selling, sublicensing, and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being accessed by you and Company Name may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Terms of Service

The following Terms of Service, which include the Privacy Policy, IP Policy, and any guideline, policy, or content displayed on the Website, are a legally binding contractual agreement between you (“User”, “you,” “your”) and Websoft, Inc. d/b/a Earnraha.com (“Earnraha.com”, “we”, “us”) (hereinafter collectively referred to as the “Terms of Service”). By visiting or using the services available from the domain and sub-domains of www.Earnraha.com (the “Website”), you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time at our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.

Overview and Definitions

Earnraha.com is an online marketplace that enables buyers of professional services (“Employers”) to search for, enter into and manage transactions with providers of professional services (“Freelancers” and, collectively with Employers, “Registered Users”). The Website contains features that enable Freelancers and Employers to do, among other things, the following:

Employers: Post Jobs, search for Freelancers, communicate with Freelancers, negotiate with Freelancers, award Jobs to Freelancers, manage Jobs, leave feedback for Freelancers, and pay Freelancers.

Freelancers: Create profiles, advertise capabilities, submit quotes, negotiate with Employers, obtain Job awards, invoice, obtain feedback from Employers, and receive payment from Employers.

We also provide registered users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms of Service have the following meanings:

1099 Service: means the service described in Section 7.

Account: means the account created by the Website upon registration.

Assumed Payment Liabilities: shall mean that portion of a Freelancer’s total service charges for a Job which Earnraha.com agrees to assume in consideration of the Service Charges.

Arbitration Service: means the service described in Section 6.

Employer’s Acceptance of Services: shall mean: (i) for an Invoice, a transfer of funds by Employer to Earnraha.com in respect of such Invoice or (ii) for the Tazapay Service, the earlier to occur of the following: (a) Employer and the Freelancer agree as to the rightful recipient of the funds or (b) Employer and Freelancer have concluded the process comprising the Arbitration Service.

Earnraha.com Billing and Payment Services: means, collectively, the Earnraha.com Invoice Service and the Tazapay Service.

Earnraha.com Invoice Service: means the service described in Section 5(A).

Payfast Service: means the service described in Section 5(B).

Service Charges: means, as applicable, the Job, Handling, Withdraw, and Arbitration Service Fees.

Services: means, collectively, the Earnraha.com Billing and Payment Service, the Arbitration Service, and the 1099 Service.

Website: means the worldwide website operated by Earnraha.com at http://www.Earnraha.com or any replacement URL.

Registration

(A) Eligibility

To access our Services through our Website, you must be a legal entity or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to (1) Abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) Be financially responsible for your use of the Website and the purchase or delivery of services; and (3) Perform your obligations as specified by any Job Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. Earnraha.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.

(B) Registration

To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate, and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy, and completeness.

(C) Accounts and Profiles

General. Once you have registered with the Website as a Registered User, the Website will create your Account with Earnraha.com and associate it with an account number. You may create a profile under your Account, by Section 2(D). Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize Earnraha.com to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the account.

(D) Membership

Earnraha.com provides Registered Users with several different membership options. The availability of these membership options is dependent upon (i) the Registered User’s status as an Employer or a Freelancer (ii) the selections made during registration, (iii) any subsequent upgrades or downgrades of membership options after registration.

Employers: All Employers have the membership benefits described here. Employer membership benefits Note, membership benefits may change at the sole discretion of Earnraha.com.

Freelancers: Freelancers can choose from different membership options. The differences between these options are listed here. Freelancers membership benefits.

Each membership option includes a certain number of “Bids.” As described on the Website, a Freelancer uses Bids to submit Quotes for Jobs. If a Freelancer requires additional Bids in a given month, the Freelancer has the option to buy additional Bids as described here. Bid Pricing. We reserve the right to change membership fees, the monthly number of Bids included in the membership options, or the price of Bids or institute new fees at any time, at the sole discretion of Earnraha.com and upon reasonable notice posted in advance on the Website. No refunds of membership fees or Bids already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.

Relationship

(A) Employer and Freelancer

1. Job Agreement: The engagement, contracting, and management of a Job are between an Employer and a Freelancer. Upon acceptance of a Quote, the Employer agrees to purchase, and the Freelancer agrees to deliver, the services and related deliverables under the following agreements: (a) the Job Agreement between Employer and Freelancer including the Quote, Job Description, and other terms and conditions as communicated between Employer and Freelancer on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by Earnraha.com (collectively, the “Job Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Job Agreement in conflict with these Terms of Service is void. An employer is responsible for managing, inspecting, accepting, and paying for satisfactory services and deliverables under the Job Agreement on time. Freelancer is responsible for the performance and quality of the services by the Job Agreement on time. Employer and Freelancer each covenant and agrees to act with good faith and fair dealing in performance of the Job Agreement.
2. Independence: Employer and Freelancer each acknowledge and agree that their relationship is that of independent contractors. The Freelancer shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Freelancer and Employer or between Earnraha.com and any Employer or Freelancer.

(B) Registered Users and Earnraha.com

1. General: Earnraha.com is not a party to the dealing, contracting, and fulfillment of any Job between an Employer and a Freelancer. Earnraha.com has no control over and does not guarantee the quality, safety, or legality of any services performed or deliverables created, advertised, the truth or accuracy of Job listings, the qualifications, background, or abilities of Registered Users, the ability of Freelancers to perform services, the ability of employers to pay for services, or that an Employer or Freelancer can or will complete a Job. Earnraha.com is not responsible for and will not control how a Freelancer operates and is not involved in the hiring, firing, discipline, or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Freelancer. Earnraha.com will not provide any Freelancer with any materials or tools to complete any job. Employers and Freelancers must look solely to the other for enforcement and performance of all the rights and obligations arising from Job Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
2. Third-Party Beneficiary of Job Agreement: Employer and Freelancer each acknowledge and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as outlined in their Job Agreement. Employer and Freelancer, therefore, appoint Earnraha.com as a third-party beneficiary of their Job Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, Earnraha.com by these Terms of Service. Employers and Freelancers further agree that Earnraha.com has the right to take such actions concerning the Job Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as Earnraha.com in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
3. Agency: These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and Earnraha.com, except and solely to the extent expressly stated.
4. Taxes: Registered Users are responsible for payment and reporting of any taxes. Other than in connection with the 1099 Service, Earnraha.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties according to the terms of any provision of tax services provided to you by Earnraha.com. You agree that you will abide by all applicable state and federal tax statutes, regulations, and common law. In the event, Earnraha.com receives a notice of non-compliance with any such statute, regulation, or common law, including, without limitation, an Internal Revenue Service Levy, Earnraha.com will deem such receipt a breach of this section and will suspend your Account until Earnraha.com received an Internal Revenue Service Release.

Earnraha.com Fees

(A) Membership Fee

Freelancers can choose various membership programs to subscribe to different levels of participation on the Website.

(B) Service Fees

Earnraha.com deducts one or more of the following fees, as applicable, from payments made by Employers to Freelancers using the Earnraha.com Billing and Payment Services:

1. Job Fee: Earnraha.com charges all Freelancers a Job Fee. The fee is based on a Freelancer’s membership type and is deducted from the total amount paid by an Employer.
2. Employer Payment Handling Fee: When an Employer pays a Freelancer, a Payment Handling Fee will be added to the invoice total.
3. Freelancer Transfer Method Fee: If upon a Freelancer’s request, funds are to be disbursed via a wire transfer, a Freelancer Transfer Method Fee will be charged to the Freelancer. Transfers made through the use of automated clearinghouse, Paypal, and Payoneer debit card methods will incur no such fee.
4. Arbitration Service Fee: For use of Arbitration Services, irrespective of the nature of the resolution and any resulting disbursements, Earnraha.com charges no Arbitration Service Fee.
5. Employer Withdraw Fee. When the Employer withdraws funds from their cash account there is a withdrawal fee (3.5%). This fee will be subtracted from the amount withdrawn.

(C) We reserve the right to change any fees associated with Earnraha.com at any time, at the sole discretion of Earnraha.com. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.

Earnraha.com Billing And Payment Services

(A) Earnraha.com Invoice Service

The Earnraha.com Invoice Service enables Freelancers to issue invoices and enables Employers to make payments for services.

1. General: When a Freelancer delivers services to the Employer, the Freelancer will complete the electronic invoice form (the “Invoice”) and submit it to Earnraha.com via the Website. A Freelancer must complete and submit an Invoice to Earnraha.com for every payment.

(B) Payment Service

The Payment Service enables Employers to transfer certain payment responsibilities to Earnraha.com.

1. General: At an Employer’s request, upon payment to Earnraha.com by Employer for services to be rendered by a Freelancer, Earnraha.com will assume responsibility for the payment for such Freelancer’ services (less applicable Service Charge). Earnraha.com agrees not to pay Freelancers for services until after the occurrence of an Employer’s Acceptance of Services. You acknowledge that such funds will belong to Earnraha.com immediately upon such funds being transferred to Earnraha.com by you. However, Earnraha.com agrees to refund such funds to Employer if (a) a Freelancer acknowledges that services have not been completed or (b) Employer and Freelancer have concluded the process comprising the Arbitration Service with a result indicating that Employer is the rightful recipient of such funds. Earnraha.com agrees to keep both Employer and Freelancer informed as to the status of the Assumed Payment Liability and if, for any reason, a party requests Arbitration Service regarding such status, will notify both parties that the matter will be addressed through the Arbitration Service.
2. Payfast Disputes: If an Employer or Freelancer reasonably disputes the quality or completion of services provided by such Freelancer, then both Employer and Freelancer agree that Earnraha.com shall have no payment obligations to any party related to relevant fees until such dispute is resolved under Section 6 below. Earnraha.com’s obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes concerning such Payment.

(C) Funds Transfer

1. General: To receive funds due to you, you must request such funds and indicate your selection of the funds’ transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if Earnraha.com determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, Earnraha.com has the right to refuse to process such request.
2. Hold on Transfers: Earnraha.com reserves the right, at its sole discretion, to place a hold on requested transfers if Earnraha.com suspects monies may be subject to chargeback, bank reversal, failure to clear, or fraud. Earnraha.com will release a hold as soon as practical.

(D) Legal Relationship

1. Earnraha.com is not your agent for any funds that have been transferred to Earnraha.com for any Assumed Payment Liabilities.
2. Each Freelancer must properly discharge and credit Employers for all payments that Earnraha.com makes to such Freelancer in respect of services provided to such Employers.
3. Earnraha.com acts as a payment provider by creating, hosting, maintaining, and providing the Earnraha.com Billing and Payment Services to you via the Internet. Earnraha.com does not have any control over the services invoiced or paid for with the Earnraha.com Billing and Payment Services. Additionally, Earnraha.com does not control whether an Employer or Freelancer will complete the underlying transaction. Earnraha.com is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion, or workmanship of any work product produced by a Freelancer as a result of an awarded Job. Nothing in these Terms of Service will be deemed to constitute Earnraha.com as your agent for any service purchased and sold by Registered Users through the Website, or expand or modify any warranty, liability, or indemnity stated in these Terms of Service.
4. By using the Earnraha.com Billing and Payment Services, you expressly acknowledge that
   1. Earnraha.com is not acting as a trustee or a fiduciary of Employers or Freelancers and that the Earnraha.com Billing and Payment Services are provided to Registered Users administratively;
   2. Earnraha.com is not a “financial institution” as defined under the Bank Secrecy Act (BSA) and the Earnraha.com Billing and Payment Services are payment services rather than banking services; (c) Earnraha.com IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH Earnraha.com ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.

(E) Miscellaneous Payment Terms

1. Authorized Payments are Final: Your use of the Earnraha.com Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When an Employer’s Acceptance of Services has occurred, (i) Earnraha.com shall have no further liability to any party concerning Payment for such services, (ii) Employer acknowledges that Earnraha.com has provided a complete service in respect of the payment made by Employer for the Assumed Payment Liability or Invoice, as applicable and (iii) Employer hereby releases Earnraha.com from any liability concerning such Payment.
2. Fraudulent Transactions: Erroneous or Duplicate Transactions; Charge Backs. Earnraha.com reserves the right to seek reimbursement from you, and you will reimburse Earnraha.com, if Earnraha.com discovers a fraudulent transaction, erroneous or duplicate transaction, or if Earnraha.com receives a chargeback or reversal from any Employer’s credit card company, bank, or PayPal for any reason. You agree to and acknowledge Earnraha.com’s right to investigate all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Earnraha.com to investigate fraud. You agree that Earnraha.com has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a chargeback or a reversal of payment is cause for termination of your Account.
3. Currency: The Earnraha.com Billing and Payment v operate in US Dollars and therefore Earnraha.com is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is Earnraha.com responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account or PayPal account.
4. Exclusivity and Non-Circumvention: Employers agree to use the Earnraha.com Billing and Payment Services to make all payments to Freelancers, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the Earnraha.com Billing and Payment Services or any associated fees. As a Freelancer, you agree to use Earnraha.com Billing and Payment Services to receive all payments from Employers identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the Earnraha.com Billing and Payment Services or any associated fees.
5. Notification: As an Employer, you agree to notify Earnraha.com immediately if your Freelancer solicits payment from you outside the Website. As a Freelancer, you agree to notify Earnraha.com immediately if your Employer seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the Earnraha.com Billing and Payment Services, please submit a confidential report to Earnraha.com by email to payments@earnraha.com
6. Agreement to Pay: If for any reason, Earnraha.com does not receive payment for any amounts that you have authorized to be paid through your use of the Earnraha.com Billing and Payment Services, you agree to pay such amount immediately upon demand by Earnraha.com. You also agree to pay any interest charges, attorneys’ fees, and other costs of collection incurred by Earnraha.com in collecting from you the authorized but unpaid amount. In such case, Earnraha.com may, at its option, stop processing any further payments made by you and apply any amounts then held by Earnraha.com on your behalf toward any deficiencies, losses, or costs that we have incurred as a result of your use of the Earnraha.com Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies, and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

Arbitration Service

(A) Eligibility

Earnraha.com offers the Arbitration Service to those Registered Users that have funds in Tazapay and requested Earnraha.com to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Job that is (i) according to a Job posting by an Employer through the Website, (ii) according to a Quote for by a Freelancer through the Website for such Job posting and (iii) according to an acceptance through the Website by the Employer for such Quote. Employer and Freelancer agree and acknowledge that, concerning Assumed Payment Liabilities, any disputes relating to the underlying fees shall be governed by the terms of this Section 6.

(B) Process

1. Arbitration: In any case where the Employer and a Freelancer cannot mutually agree on the distribution of the funds in Payfast, you expressly agree to and acknowledge that Earnraha.com or a third party chosen by Earnraha.com will arbitrate the dispute under these Terms of Service and the Website.
   1. You acknowledge and agree that Earnraha.com will construe any Job Agreement based on the transaction’s course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Job Agreement, (ii) the parties’ course of dealings, as evidenced by activity on or communications through the Website, (iii) the Job itself and (iv) any information or communication that the Employer and the Freelancer submit for review.
   2. Earnraha.com shall render its decision within five (7) days of the Arbitration being opened. During this time, you are encouraged to continue to negotiate an amicable settlement with each other.
   3. You agree that the decision of Earnraha.com, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds following the arbitrator’s decision.
   4. If you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in, or license to the Job that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Job in your possession and destroy any electronic copies that you have.

(C) Communication

You agree and acknowledge that (i) Earnraha.com will use the e-mail address corresponding with your account registered at the time Arbitration is opened to notify and communicate with you concerning the Arbitration and (ii) you are solely responsible for the receipt of any notification or communication sent by Earnraha.com using the e-mail address corresponding with your account registered at the time Arbitration is opened.

(D) Acknowledgements

You agree and acknowledge that (i) Earnraha.com is not providing legal services to you, (ii) Earnraha.com will not advise you regarding any legal matters, and (iii) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Earnraha.com for any such counsel. You agree to indemnify and hold harmless Earnraha.com and any of our affiliates against any damages or liability you may suffer as a result of using the Arbitration Service. If you do not agree to use this Arbitration Service under these terms, you should not request Earnraha.com to assume the Assumed Payment Liabilities.

1099 Services

At the request of an Employer, Earnraha.com shall issue each Freelancer whom you have engaged through the Website a summary on Form 1099 reflecting Payments (fewer fees) paid to each Freelancer. You hereby acknowledge that, although Earnraha.com may provide the 1099 Service to Employers, the Employer’s Job Agreement to obtain services and make payments is an agreement between an Employers and a Freelancer.

Term; Termination And Suspension

1. These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or Earnraha.com as provided for under the terms of this section.
2. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) Earnraha.com shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) You shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Earnraha.com for any service and any Freelancer for any services.
3. Any termination of an Account will automatically lead to the termination of all related profiles.
4. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend, or terminate your Account or a Job, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for Earnraha.com or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
5. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
6. Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the Earnraha.com Billing and Payment Services or otherwise reduce fees owed Earnraha.com under these Terms of Service, you must pay Earnraha.com for all fees owed to Earnraha.com and reimburse Earnraha.com for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
7. When your Account is terminated for any reason, you may no longer have access to data, messages, files, and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.

Privacy And Confidentiality

Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the Earnraha.com Privacy Policy. It is your responsibility to review the Earnraha.com Privacy Policy, which is incorporated by reference, and we suggest that you review the Privacy Policy and print a copy for yourself. The Privacy Policy is posted on the Website and may be updated from time to time. Unfortunately, we cannot ensure that disclosure of your personal information will not occur in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement agencies, or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

Intellectual Property

(A) Earnraha.com Content

Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the Earnraha.com IP Policy. It is your responsibility to review the Earnraha.com IP Policy, which is incorporated by reference, and we suggest that you review the IP Policy and print a copy for yourself. The IP Policy is posted on the Website and may be updated from time to time.

(B) Registered User Content

1. You are solely responsible for the information posted on our Website, including but not limited to (a) any audio, video, or photographic content (collectively, “Multimedia Content”), (b) any posting or listing made in any public message area, through any email feature or through Earnraha.com’s feedback feature (collectively, “”>Non-Multimedia Content”) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content”). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
2. You hereby assign to Earnraha.com your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable right to exercise all copyright and publicity rights for the Multimedia Content and to use such Multimedia Content for advertising and publicizing Earnraha.com products and services and you grant us a non-exclusive, worldwide, perpetual, royalty-free, irrevocable right to use the Personal Content to provide Services.
3. Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity, or privacy; (b) be defamatory, trade libelous, threatening, or harassing; nor (c) be obscene, indecent, or contain pornography.
4. We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, at our sole discretion, concerning information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.

(C) Removal of Content for which Copyright Infringement Is Claimed

1. According to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act, Earnraha.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims under the Act. If you believe your copyrights are being infringed by a User of the Website, please fill out a Notice of Infringement form and fax it to Earnraha.com Copyright Infringement Notices at 412-202-0075.
2. The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides that notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following:
   1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at such website.
   3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Freelancer to locate the material.
   4. Information reasonably sufficient to permit the Freelancer to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
   5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
   6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   7. Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
3. Additionally, you are required to provide a Notice of Infringement Form each time you wish to report alleged acts of infringement and fax it to the number provided above.

Representations, Disclaimers, Limitations, And Exclusions

(A) Registered User Representations and Warranties

All Registered Users represent, warrant, and agree:

1. not to grant access to an Account only to users authorized to act on behalf of the Registered User and only under these Terms of Service.
2. to be fully responsible and liable for any action of any user who uses your Account.
3. not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
4. not to allow any third party who is not authorized to do so to use your Account at any time.
5. not to use any device, software, or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots, or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
6. not to intercept or expropriate any system, data, or personal information from the Website.
7. not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
8. that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
9. that they are using the Website solely to enter into a bona fide business transaction with other Registered Users.
10. that they will not use the Website or its services to defraud or mislead any person or entity, including without limitation Earnraha.com or any Register User.
11. that they will not use the Website to violate any law or regulation of the United States of America or any international law or treaty.
12. that they are not a resident national of, or, an entity located in any country subject to economic sanctions imposed by the government of the United States of America. The current list of US sanctions can be found here.
13. that they are not currently and have never been listed as a Specially Designated National by the United States Department of Treasury’s Office of Foreign Assets Control (“OFAC”).
14. that they will not use the Website in connection with any “prohibited transaction” as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.

(B) Warranty Disclaimer

THE SERVICES PROVIDED BY Earnraha.com OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY, OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

(C) Limitation of Liability

IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ACCORDING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

(D) General Release

If you have a dispute with another Registered User, you release Earnraha.com (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

(E) State Specific Release

YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

(F) Indemnity

You agree to defend, hold harmless and indemnify Earnraha.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by Earnraha.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Earnraha.com: (1) in connection with your use of the Services including any payment obligations incurred through use of the Earnraha.com Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Freelancer; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Freelancer. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

(G) Links

The Website may contain links to third-party websites not under the control or operation of Earnraha.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.

(H) Data

You are responsible for the creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on Earnraha.com’s part to store, backup, retain, or grant access to any information or data for any period.

Miscellaneous Terms And Conditions

(A) Compliance with Law

You are responsible for compliance with applicable U.S. state, U.S. federal, and international laws, regulations, and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.

(B) Modification and Waiver

Earnraha.com will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Earnraha.com. No delay or omission by Earnraha.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

(C) Severability

If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(D) Assignment or Transfer

You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of Earnraha.com, and any attempt to do so will be null and void. Earnraha.com may assign these Terms of Service at its sole discretion.

(E) State Specific Legal Notice

According to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: Earnraha.com, located in Pittsburgh, Pennsylvania, is the provider of the electronic commercial service on the Website. Registered Users are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact Earnraha.com to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at contact@earnraha.com.

(F) Force Majeure

Except for the payment of fees to Earnraha.com, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications, or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

(G) Notice

All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage prepaid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.

(H) Headings and Labels.

The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.

(I) Integration.

These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and Earnraha.com for the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.

(J) Survival

Sections 4, 5, 6, 7, 8, 9, 10, 11, and 12 will survive any termination of these Terms of Service for any reason.