Terms & Conditions
1. Acceptance of terms and conditionsBy registering to use TheAntsNest.com website and related services, you (the "VISITOR," "CLIENT" or "ANT") agree to the following terms and conditions with TheAntsNest.com. TheAntsNest.com reserves the right to add, delete, or revise these terms and conditions at our sole discretion at any time with or without notice. All revisions will take effect immediately upon posting at this site or through any other reasonable means of notification, unless otherwise directed. This posting of TheAntsNest.com terms and Conditions agreement hereby supersedes all previously posted versions.
Continued use of TheAntsNest.com site by you shall be deemed to constitute acceptance of all revisions. Members are responsible for regularly reviewing the conditions and terms laid out in this terms and conditions agreement.
2. Requirements for membership
EligibilityThis service is available to both physical and legal persons, for purposes within their trade, business or profession, who can form legally binding contracts under applicable law.
Without limiting the foregoing, the service is not available to minors (under 18 years old). TheAntsNest.com does not verify the age or professional/business status of its users and cannot be held liable in any way for the execution of a contract through the service by minors . TheAntsNest.com shall at all times be entitled to suspend minors from the service.
Membership is attributed to the individual user. Members are each granted one (1) membership to the TheAntsNest.com. It shall be deemed contrary to the terms and conditions of this membership agreement, and cause for immediate revocation of such membership privileges, for a user to register or maintain multiple memberships at TheAntsNest.com.
3. Obligation to provide complete and accurate informationYou agree that all information provided by you in response to the registration form or any other data requests sent by TheAntsNest.com or its users is true, accurate and complete to the best of your knowledge. Any postings made by you, including, but not limited to requests for services or project proposals, pitches on posted projects, and user experience and qualifications, are true, accurate and complete. Furthermore, you agree to update any and all information previously submitted by you which a change in circumstances has rendered false, inaccurate or misleading.
TheAntsNest.com reserves the right to terminate your membership if it is determined in our sole discretion that any information you provided is not complete or accurate.
4. User obligations and commitmentYou will use TheAntsNest.com for legitimate purposes, in accordance with appropriate local, state and federal laws and regulations. It is the user's responsibility to abide by all applicable laws and regulations. If, for any reason, any part of this membership agreement is disallowed in the jurisdiction of the user, you acknowledge the enforceable terms remain in effect, and that those which are disallowed shall be enforceable to the fullest extent of the applicable law. No advice or information, whether oral or written, obtained by a user from TheAntsNest.com, its officers, directors, employees or agents, shall create any warranty not expressly made herein.
You will use TheAntsNest.com for its intended purpose of matching freelance independent designers with businesses who need their service. Any unauthorized use of the TheAntsNest.com, including, but not limited to unsolicited advertising ("spamming"), the collection and/or sale of user information, or the unauthorized republication, in any format, of postings submitted to TheAntsNest.com may result in the revocation of membership. Any member who sends spam shall immediately forfeit all membership rights and any accrued payment. TheAntsNest.com will be the sole arbiter in determining what constitutes spam.
In posting any information, including, but not limited to project briefs and pitches, you will not submit any content that infringes upon a third party's contractual or property rights or any content that is illegal, false, misleading, defamatory, harassing, abusive or otherwise objectionable in nature. You agree that any content which is posted by you in violation of a third party's contractual or proprietary rights is done so by the user in direct contravention of TheAntsNest.com terms and conditions agreement, whether we are aware of the content or not, and you assume all responsibility for any litigation which may result from such a posting, Including, but not limited to damages, reasonable attorney's fees, and costs and you agree to indemnify us for same.
In consideration of the use of the service, the user agrees and guarantees not to create liability for TheAntsNest.com or cause TheAntsNest.com to lose (in whole or in part) the services of its isp's or other suppliers, and the user expressly agrees and warrants:
- To provide true, accurate, current, complete and non-misleading information as prompted by TheAntsNest.com registration form or as otherwise reasonably requested or supplied to TheAntsNest.com by the user ;
- To maintain and promptly update the user data to keep it true, accurate, current, complete and non-misleading;
- Not to impersonate any person or entity, including, but not limited to, TheAntsNest.com representative, forum leaders, webmasters or falsely state or otherwise misrepresent the user's affiliation with any person or entity;
- Not to violate intentionally or unintentionally any law, rule, statute, ordinance, regulation or orders of federal, local, national or international law (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and those promulgated by any national or other securities exchanges and credit institutions);
- Not to upload, post, e-mail or otherwise transmit any content that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights of publicity or privacy;
- Not to upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
- Not to upload, post, e-mail or otherwise transmit any content whereby the user does not have the right to transmit under any law, or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of non-disclosure agreements in any form);
- Not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorised content, such as junk mail, spam, chain letters, etc. through the service;
- Not to upload, post, e-mail or otherwise transmit content which contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, computer hard- or software, data, personal information or telecommunications equipment;
- Not to interfere with or disrupt the service, the servers or networks connected to the service or any soft- or hardware used by TheAntsNest.com or third parties in connection with the service, or disobey any procedures, policies, requirements or regulations of networks connected to the service;
- Not to collect or store personal data about other users or persons;
- That the user has never been insolvent or convicted in a court of law of any crime involving fraud;
- That the user is responsible for protecting and maintaining that its username and password are at all times secure from unauthorised use;
- That the user shall notify TheAntsNest.com as soon as the user becomes aware of any unauthorised use of its username and password, and in such circumstances, the user shall not hold TheAntsNest.com liable for any losses arising as a result of such breach or unauthorised use.
The terms and conditions of this membership agreement are non-transferable, non-assignable non-derogable, and may not be delegated to any third party. Any such assigns, transfers, derogations or delegations shall be deemed null and void. Briefs and pitches are designed to match qualified ANTs with CLIENTS who need to outsource project-based work.
5. Fees payable by membersPayments by the member to TheAntsNest.com shall be made by electronic fund transfer or deposited into TheAntsNest.com bank account.
Please make checks payable to TheAntsNest.com.
Registered ANTS are charged a registration fee of R250 per annum for a single portfolio posting. Additional portfolio sections require an additional R100 per portfolio. Any porfolio changes are charged at R50 per change/update.
Clients are never charged for posting briefs.
Project Fees are negotiated on a per project basis, prior to commencing work.
Furthermore, you acknowledge that the member has expressly granted such information, once transmitted to or posted on theantsnest.Com, without cost or condition, to TheAntsNest.com is not responsible for the storage, upkeep, or maintenance of member files or postings, and it is recommended that members keep both saved and printed copies of the postings submitted to TheAntsNest.com.
7. Responsibility of members to verify information received.TheAntsNest.com publishes information by the members on good faith that the information provided is true and accurate. However, as an information exchange site, TheAntsNest.com is unable to regulate the truth, accuracy, merit, or legitimacy of postings made by users, nor can TheAntsNest.com confirm the qualifications, background experience, skills, or identity of other members. TheAntsNest.com entrusts the decision of whether or not to hire a particular contractor or to accept a particular job entirely in the hands of the member, and does not participate in the actual transactions between members after a pitch has been accepted other than facilitating correspondance between the client and the ant/artist.
TheAntsNest.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the TheAntsNest.com site by anyone other than authorized TheAntsNest.com employees acting in their official capacities. You understand and acknowledge that the TheAntsNest.com is not responsible for and does not monitor third-party content for accuracy or reliability. You further agree that TheAntsNest.com is not associated with, or liable for the content or resources of any links to other sites that we may include for the benefit of our members.
The user acknowledges that TheAntsNest.com does not pre-screen content nor is obliged to do so. TheAntsNest.com and its designees shall have the right in their sole discretion to refuse, to move or to remove any content that is available in connection with the service.
TheAntsNest.com does not warrant the eligibility of the client to use the service nor that ANTS have the expertise claimed. It is the client's responsibility to verify such claimed expertise. Neither does TheAntsNest.com warrant the quality or solvency or credit-worthiness of the clients nor accept in any way any liability relating to the performance of any work by the ANT or the payment of any sums to the ant/artist by the client.
DisclaimerTo the maximum extent permitted by applicable law, TheAntsNest.com, its officers, directors, agents, subsidiaries and employees disclaim and exclude all warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantibility, fitness for a particular purpose, and non-infringement with regard to TheAntsNest.com website, the service or the projects offered by the clients and/or performed by the ANTS. TheAntsNest.com, its officers, directors, agents, subsidiaries and employees make no warranty that the service or any projects will meet user's requirements, or that the service or any projects will be uninterrupted, timely, secure, effective, reliable or error free. Any material or data downloaded or otherwise obtained through the use of the service is at the user's own discretion and risk. The user is solely responsible for any damage to his or other's computer systems, telephone, fax and other devices or loss of data that results from the download of such material or data. TheAntsNest.com, it's officers, directors, agents, subsidiaries and employees, makes no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into by use of or through the service. This disclaimer and exclusion of liability includes any representations or warranties regarding year issues or compliance, any infringement of third party intellectual property rights. TheAntsNest.com does not warrant and gives no opinion as to whether there will be an employment relationship between any client and any ANT and it gives no warranty or opinion whether any employment or similar legislation will apply.
8. TheAntsNest.com proprietary rights and relationship with membersYou agree that all trademarks, logos, web-page graphics, software functions, and text found on the theantsnest.Com site that is not submitted by a member is the exclusive property of theantsnest.Com unless otherwise noted. Any unauthorized reproduction, expropriation, modification, distribution or derivation of such content is expressly forbidden, and may result in the termination of membership, as well as civil or criminal prosecution.
You acknowledge that all TheAntsNest.com members are considered independent contractors, and that no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this membership agreement between TheAntsNest.com and any member.
9. Waivers and indemnificationTheAntsNest.com makes every effort to provide a convenient and functional service for the independent contractor and business communities. TheAntsNest.com, however, does not guarantee that the TheAntsNest.com site will be error free or that the site or the server that operates it are free of viruses or other harmful components. It is the responsibility of the user to maintain backup files adequately and to update virus detection software to protect the integrity or security of your computer system. If, as a result of your direct or indirect use of the TheAntsNest.com site, you determine that your property or equipment requires servicing or replacing, you hereby acknowledge that we are not responsible for any costs incurred.
In any jurisdiction where such waivers of warranties are not proscribed by law, the member uses TheAntsNest.com site at his or her own risk, and all services and data are provided without express or implied warranties of any sort.
TheAntsNest.com furthermore does not warranty any goods or services obtained through the use of the TheAntsNest.com site from another member or advertiser. Any dissatisfaction of an ANT's job performance or behavior is not the responsibility or fault of the TheAntsNest.com site and the member agrees to omit TheAntsNest.com its employees, agents and directors, as a party in any litigation which may result from such dissatisfaction. In jurisdictions where warranty waivers are proscribed, you agree that the terms and conditions agreement shall be enforced in its entirety, with only those waiver exclusions required by law excepted.
You agree to defend, indemnify, and hold harmless TheAntsNest.com, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of theantsnest.Com site or your violation of this membership agreement.
You agree, in any jurisdiction where not proscribed by law, that neither TheAntsNest.com, nor any of its officers, directors, employees or agents responsible for creating, maintaining, or delivering TheAntsNest.com site shall be liable for any direct or indirect damages resulting from your Access, use of, or inability to access or use TheAntsNest.com site. In jurisdictions where such waivers re proscribed, you agree that the terms and conditions agreement shall be enforced in its entirety, with only those waiver exclusions required by law excepted.
Release, indemnificationSince TheAntsNest.com is not involved in the actual transaction between users, by entering into this user agreement, the user releases and agrees to indemnify TheAntsNest.com, its officers, directors, agents, subsidiaries and employees from claims, demands and damages (actual and consequential) of every kind and nature, including any liability resulting from or related to the introduction of the client and the ANT to each other and infringements of any intellectual property or other third party rights, known and unknown , suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such claims, demands and damages, including reasonable attorney's fees, arising out of or related to the user's account, or any other person using the user's account, use of the service or the user's service, unless stated otherwise by applicable mandatory law.
The user ensures that its participation in the service does not violate any applicable laws, regulations or third party rights, and that he or she is not prohibited from entering into agreements via the service. The user agrees to indemnify TheAntsNest.com for any damages suffered by TheAntsNest.com resulting out of the user's, or any other person using the user's account, breach of any third party intellectual property rights.
The user explicitly states that the project information provided to TheAntsNest.com is non-confidential and hereby explicitly authorises TheAntsNest.com to make this project information available via TheAntsNest.com website. TheAntsNest.com does not guarantee the accuracy of this project information and assumes no liability in this respect.
Limitation of liabilityWithout prejudice to the disclaimers and exclusions of liabilty set out in the terms and conditions agreement or otherwise agreed with TheAntsNest.com, in no event will TheAntsNest.com or its subsidiaries be liable to any users or any other parties for any damages, whether special, Incidental or indirect, whether based on breach of contract, tort (including Negligence) or otherwise, whether or not that party has been advised of the possibility of such damage. The liability of TheAntsNest.com or its subsidiaries for damages or alleged damages hereunder, whether in contract, tort or any other legal theory, is limited to, and will not exceed, the amount paid by the users to TheAntsNest.com with regard to the transaction giving rise to the claim or eur 10.000, Whichever is the higher.
The user and TheAntsNest.com are independent contractors. This user agreement nor any concluded in the framework of the service does not intend to and shall in no way create an agency, partnership, joint venture, employee-employer or franchiser -franchisee relationship between the user and TheAntsNest.com or between any party using the service. The service is not intended to create an employment relationship between the client and the ANT and, without prejudice to the indemnities set out above, the Client and ANT shall indemnify TheAntsNest.com, its officers, directors, agents, subsidiaries and employees from claims, demands and damages (actual and consequential) or other liability of every kind and nature incurred by TheAntsNest.com as a result of the employment by the Client of the ANT.
10. Termination and cancellation of membershipYou may cancel your membership at any time for any reason by notifying TheAntsNest.com. Once a cancellation is effected, the user will no longer have access to any files or postings previously placed on TheAntsNest.com site. All payments of monies due under TheAntsNest.com terms and conditions agreement shall cease upon cancellation, whether initiated by the member or by TheAntsNest.com. All disclaimers and indemnification of liability survive the membership cancellation. TheAntsNest.com reserves the unconditional right to cancel your membership if we reasonably believe you have contravened the terms and conditions agreement in any manner, or if you have otherwise violated the rights of TheAntsNest.com, its members, or third parties.
11. PenaltiesIf the user provides any information or data that is untrue, inaccurate, not current, incomplete or misleading, or TheAntsNest.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete or misleading, TheAntsNest.com has the right to promptly suspend or terminate the user's account and refuse any and all current or future use of the service. TheAntsNest.com reserves the right, at its sole discretion, to suspend or terminate the user's account and refuse any and all current and future use of the service if the user does not meet the expected quality standards . The user explicitly agrees that TheAntsNest.com shall be entitled to communicate any criminal offence, committed in the framework of the service, to the local or governmental authorities.
12. Remedies of memberIt is acknowledged and accepted by the member that the only remedy against TheAntsNest.com, its officers, directors, employees or agents for any alleged damage caused by a performance or non-performance shall be the cancellation of the user's membership and the termination of further use of the service. The user agrees that any dispute, which may arise from this terms and conditions agreement or TheAntsNest.com, membership, shall be settled through binding arbitration, whether based on tort, contract or other theory of law. Furthermore, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of TheAntsNest.com site or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any failure of TheAntsNest.com to enforce, in part or in whole, any of the provisions herein listed shall not constitute a waiver of that provision or provisions or of the rest of these terms and conditions of membership.
TheAntsNest.com community benefits from new members and we actively support our members in their endeavors to demonstrate the benefits of joining TheAntsNest.com to their colleagues, friends, and family. However the promulgation of unsolicited e-mails ("spamming") to individuals that the sender neither knows, nor has any reason to believe would be interested in the services offered at TheAntsNest.com, is a disservice to the TheAntsNest.com community at large. It is therefore our policy to condemn any and all unsolicited dissemination of junk e-mail or spam to TheAntsNest.com mailboxes or to any other third parties. Members are further prohibited from the delivery of any unsolicited advertising, except as appropriate under TheAntsNest.com terms and conditions of use.
Violations of TheAntsNest.com zero tolerance spam policy may result in the cancellation of the offending user's membership and permanent disbarment according to the terms in TheAntsNest.com terms and conditions agreement.
13. Amendments of the agreementTheAntsNest.com is authorized to amend this user agreement at any time by posting the amended terms on its web site Http://www.theantsnest.com [specify page location] Users will be notified via the HomePage of amendments to this terms and conditions agreement.
Except as stated otherwise in this terms and conditions agreement, all amendments to this terms and conditions agreement shall automatically be effective 7 days after they are initially posted on TheAntsNest.com web site and/or 7 days after the amendments have been sent to the users via E-mail . This terms and conditions agreement may not be otherwise amended, except in writing, duly undersigned by the user and TheAntsNest.com
14. System availabilityTheAntsNest.com makes every effort to maintain 100% system availability, except during scheduled maintenance periods. Should TheAntsNest.com experience technical difficulties, TheAntsNest.com is not responsible for orders that are not processed or accepted.
15. Changes in contentTheAntsNest.com reserves the right to cancel projects, messages and other content, remove listed items or re-offer items that were previously withdrawn.