Terms of Service (TOS)

Overview

Hojaega.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 Hojaega.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) with respect to an Invoice, a transfer of funds by Employer to Hojaega.com in respect of such Invoice or (ii) with respect to the SafePay 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.

Hojaega Billing and Payment Services: means, collectively, the Hojaega Invoice Service and the SafePay Service.

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

SafePay 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 Hojaega Billing and Payment Service, the Arbitration Service and the 1099 Service.

Website: means the world wide web site operated by Hojaega.com at http://www.hojaega.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. Hojaega.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 Hojaega.com and associate it with an account number. You may create a profile under your Account, in accordance with 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 Hojaega.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.

Relationship

(A) Employer and Freelancer

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 in accordance with 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 Hojaega.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. Employer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Job Agreement in a timely manner. Freelancer is responsible for the performance and quality of the services in accordance with the Job Agreement in a timely manner. Employer and Freelancer each covenants and agrees to act with good faith and fair dealing in performance of the Job Agreement.
Independence: Employer and Freelancer each acknowledges and agrees 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 Hojaega.com and any Employer or Freelancer.

(B) Registered Users and Hojaega.com

General: Hojaega.com is not a party to the dealing, contracting and fulfillment of any Job between an Employer and a Freelancer. Hojaega.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 actually complete a Job. Hojaega.com is not responsible for and will not control the manner in which 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. Hojaega.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.
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 Hojaega.com, except and solely to the extent expressly stated.
Taxes: Registered Users are responsible for payment and reporting of any taxes. Other than in connection with the 1099 Service, Hojaega.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 pursuant to the terms of any provision of tax services provided to you by Hojaega.com. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law. In the event Hojaega.com receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, Hojaega.com will deem such receipt a breach of this section and will suspend your Account until Hojaega.com received an Internal Revenue Service Release.

Hojaega.com Fees

(A) Membership Fee
Freelancers can choose various membership programs to subscribe to different levels of participation on the Website, as detailed here. Freelancer Memberships.

(B) Service Fees
Hojaega.com deducts one or more of the following fees, as applicable, from payments made by Employers to Freelancers using the Hojaega Billing and Payment Services:

Job Fee: Hojaega.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 for a Job as described here Freelancer job fee.
Employer Payment Handling Fee: When an Employer pays a Freelancer, a Payment Handling Fee (2.9%) will be added to the invoice total.
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 as described here. Freelancer Transfer Method Fee. Transfers made through use of automated clearinghouse, Paypal and Payoneer debit card methods will incur no such fee.
Arbitration Service Fee: For use of Arbitration Services, irrespective of the nature of resolution and any resulting disbursements, Hojaega.com charges a Arbitration Service Fee, equal to the greater of twenty-five dollars ($25.00) and five percent (5%) of the total amount paid by an Employer to Hojaega.com for the applicable Job to which such payment relates.
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 Hojaega.com at any time, at the sole discretion of Hojaega.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.

Arbitration Service

(A) Eligibility
Hojaega.com offers the Arbitration Service to those Registered Users that have funds in SafePay and requested Hojaega.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) Pursuant to a Job posting by an Employer through the Website, (ii) Pursuant to a Quote for by a Freelancer through the Website for such Job posting and (iii) Pursuant to an acceptance through the Website by the Employer for such Quote. Employer and Freelancer agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 6.

(B) Process

Arbitration: In any case where the Employer and a Freelancer cannot mutually agree on the distribution of the funds in SafePay, you expressly agree to and acknowledge that Hojaega.com or a third party chosen by Hojaega.com will arbitrate the dispute in accordance with these Terms of Service and the Website.

- You acknowledge and agree that Hojaega.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.
- Hojaega.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.
- You agree that the decision of Hojaega.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 in accordance with the arbitrator’s decision.
- In the event that 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) Hojaega.com will use the e-mail address corresponding with your Account registered at the time Arbitration is opened to notify and communicate with you with regard the Arbitration and (ii) you are solely responsible for the receipt of any notification or communication sent by Hojaega.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) Hojaega.com is not providing legal services to you, (ii) Hojaega.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 Hojaega.com for any such counsel. You agree to indemnify and hold harmless Hojaega.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 Hojaega.com to assume the Assumed Payment Liabilities.

Term; Termination And Suspension

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 Hojaega.com as provided for under the terms of this section.
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) Hojaega.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 Hojaega.com for any service and to any Freelancer for any services.
Any termination of an Account will automatically lead to the termination of all related profiles.
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 Hojaega.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.
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.
Without limiting our other remedies, to the extent you engage in actions or activities which circumvent the Hojaega Billing and Payment Services or otherwise reduce fees owed Hojaega.com under these Terms of Service, you must pay Hojaega.com for all fees owed to Hojaega.com and reimburse Hojaega.com for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
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 Hojaega.com Privacy Policy. It is your responsibility to review the Hojaega.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) Hojaega.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 Hojaega.com IP Policy. It is your responsibility to review the Hojaega.com 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

You are solely responsible for 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 Hojaega.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.
You hereby assign to Hojaega.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 with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing Hojaega.com products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
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.
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, in our sole discretion, with respect to 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

Refund Policy

At Hojaega.com, we are committed to fair and transparent transactions between clients and freelancers. Our refund policy covers both custom projects and pre-defined services.

1. Custom Projects

Before Work Starts: Full refund available if no work has begun.
Non-Delivery: If the freelancer fails to deliver work by the deadline, a full refund may be issued.
Poor Quality or Missed Requirements: Clients can request a partial or full refund if work does not meet agreed-upon standards, subject to dispute resolution.
Disputes: In case of disagreements, our dispute team will review evidence and make a final decision.

2. Pre-Defined Services (e.g., Gigs, Packages)

No Delivery: Full refund if no service is delivered by the promised time.
Not as Described: If the service significantly differs from the listed description, a refund may be granted after review.
Client Cancellation: Refunds for cancellations depend on the freelancer’s cancellation terms stated in the service listing.

General Notes

Refund requests must be made within 7 days of the missed deadline.
Funds released to freelancers are non-refundable unless a dispute is raised.
Refunds will be credited to your original payment method within 5-7 business days.

For assistance, contact: [support@hojaega.com]