Freelancer Agreement

This Agreement is a contract between Advisable Ltd. (“Advisable”) and a person (the “Freelancer”) using its Site (advisable.com) and Services (Project and Freelancer identification) to find work on a project identified by Advisable (the “Client” and the “Project”).

As a prospective Freelancer, you must read, agree to and accept all the terms and conditions contained in this Agreement in order to use our Site, Advisable.com, and Services.

YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY OR AGENCY.

1. Service Fee

The fees to use the Advisable Site and Services are paid solely by the Freelancer.

1.1 Amount: The Service Fee is equivalent to 20% of the amount that the Freelancer earns from a Project. When a Client pays a Freelancer, either directly or through Advisable.com, the Freelancer agrees to pay 20% of that payment and of all subsequent payments for that Project to Advisable. (Please note the reduction in the Service Fee for certain Large and Long Term Projects in 1.3 below).

1.2 Due date: This Service Fee falls due on the date that each payment is received by the Freelancer from a Client.

1.3 Large and Long Term Projects: as part of our commitment to ensuring the fairest outcome for Freelancers, Clients and Advisable, Advisable's Service Fee is reduced for large and long term relationships between a Freelancer and Client. For a given Freelancer/Client relationship, Advisable's Fee is reduced to 10% on payments above $10,000, and further reduced to 5% on payments above $25,000.

1.4 Client Payments via Advisable.com: In the majority of cases, a Client will pay a Freelancer via Advisable.com and Advisable will deduct its fee directly before transferring the remainder to the Freelancer.

1.4 Direct payments: In certain cases, a Client will pay a Freelancer directly. Advisable reserves the right to request the Client to i) withhold further payment to the Freelancer until Advisable has received any outstanding fees or ii) to pay Advisable’s fee directly to Advisable out of amounts owed to the Freelancer or iii) to pay to Advisable the full amounts owed to the Freelancer to allow Advisable to collect its fee directly.

2. Limitation of Liability

Advisable’s service is to identify projects and identify suitable Freelancers (as described by the client) to apply to these projects.

Advisable will also negotiate payment terms with the Client.

All further considerations (including but not limited to: payment amount; suitability of the project for the Freelancer; ability and willingness of the Client to pay for services performed etc.) are dealt with directly between the Client and the Freelancer.

Advisable does no due diligence on Clients or Client projects and makes no claim to do so.

Advisable, it’s officers, shareholders and representatives take no part in and claim no responsibility for the terms arranged between Freelancer and Client. For instance, Advisable, it’s officers, shareholders and representatives accept no liability for non-payment of a Freelancer by a Client under any circumstances.

3. Client Project Payment Terms

As per item 2 above, Advisable will negotiate payment terms with the Client.

Advisable retains absolute discretion to offer and accept whatever payment terms it deems suitable, however in general will aim to negotiate the following terms outlined in 3.1 and 3.2.

3.1 Monthly, Recurring Projects: 

Client to pay Advisable monthly in advance, with the first payment being made on Project Start Date and subsequent payments monthly thereafter. 

Advisable to pay Freelancer monthly in arrears, with first payment being made one month after Project Start Date and subsequent payments monthly thereafter. 

Each payment from Advisable to Freelancer will be net of Advisable’s fee for that month.

3.2 One-off Projects:

Client to pay Advisable 50% of Project Fee on Project Start Date and the remaining 50% upon Project Completion Date. 

Advisable to pay Freelancer 50% of Project Fee 30 days after Project Start Date and the remaining 50% upon Project Completion Date. 

Where a project duration is less than 30 days or the gross payment amount is less than $5,000 USD, the full amount will be paid by Advisable to Freelancer upon Project Completion Date.

The first payment from Advisable to the Freelancer will be net of Advisable’s fee for the project.

3.3 Alternative Payment Terms

In some cases a Client may propose alternative payment terms to 3.1 and 3.2 which Advisable may, at its sole discretion, agree to accept these terms and adjust Advisable payment terms to Freelancers accordingly. 

In this case, the adjusted payment terms between Advisable and Freelancer will be such that if payment is received from the Client by Advisable later than the date outlined for payment to Freelancers under the terms in 3.1 and 3.2, Advisable will endeavour to pay the Freelancer as soon as Advisable has received payment and will initiate payment to the Freelancer not later than 7 working days after payment has been received by Advisable.

3.4 Late Payment

In some cases a Client may be late in making payments upon the agreed upon payment terms.

Advisable will only pay the Freelancer once the corresponding invoiced amount has been paid by the Client.

As in 3.3, in any case where payment is received by Advisable later than the expected date outlined for payment to Freelancers under the terms in 3.1 and 3.2, Advisable will endeavour to pay the Freelancer as soon as Advisable has received payment and will initiate payment to the Freelancer not later than 7 working days after payment has been received by Advisable.

Advisable will send the Client reminders regarding any outstanding payments on behalf of the Freelancer. If the Client has not remitted payment after two payment reminders have been submitted by Advisable without result, and no later than three months from the date on which the Client entered into default on such payment, the Freelancer may assert its claims for payment of the outstanding fees directly against the Client in writing, without the agency of Advisable.

Advisable, it’s officers, shareholders and representatives accept no liability for non-payment of a Freelancer by a Client under any circumstances.

3.5 Other Project Terms

As stated in 2, other project terms, including payment amount, are negotiated directly between the Freelancer and the Client.

4. 8 hour break clause 

Advisable gives all Clients the option to terminate their relationship with a Freelancer with immediate effect and for any reason within 8 hours of commencing a project. If a Client decides to terminate the relationship, Advisable will compensate the Freelancer for up to 8 hours work on the project at the average hourly rate of project applicants.

5. Disintermediation attempt

Any attempt made by a Freelancer to disintermediate Advisable from the Client/Freelancer relationship will result in the immediate loss of all compensation due for any work with an Advisable client. This does not waive Advisable's right to seek additional damages from the Freelancer to recoup our lost investment in identifying and matching them with a Client.

6. Dispute resolution

This Agreement, the other Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the Republic of Ireland.

7. Contacting Advisable

If you have questions, please visit advisable.com and contact us through the site.