Legal withdrawal of money from oDesk in the Russian Federation
Hello!
Issues related to receiving money from foreign customers were repeatedly highlighted on various portals. We have been using oDesk for work for a long time, and colleagues from other companies have repeatedly asked about the details of the process of withdrawing funds from an oDesk account to an official bank account, be it LLC or IP. In this article I will describe the steps and publish the translation of the contract, which must be submitted to the bank.
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By law, any legal entity working with foreign partners and receiving money from non-residents in USD is required to submit documents to the bank for passing currency control, otherwise the bank will not have the right to transfer them from the transit account to the current account. If you identify violations of the passage of currency control fin. supervision can punish you with a fine: 4,000 - 5,000 rubles for an individual entrepreneur, 40,000 - 50,000 rubles for an LLC, according to Article 15.25 of the Administrative Code, paragraph 6.
On the oDesk website, it is possible to specify the Wire Transfer Payment Method, into which the transit account data is entered. It is necessary to take into account that banks are obliged to provide information on the receipt of funds to a transit account, therefore it is advisable to prepare documents in advance. After the money from oDesk came to the transit account, you will have 15 days to pass the currency control.
There are two ways to prepare and submit the documents necessary for the legal receipt of money.
Now in order. The contract in English can be taken from the site: kb.odesk.com/questions/1386 It is necessary to bring a translation into Russian to the bank, and, only if asked, an English version. We decided to share our version of the translation (at the end of the article).
Usually, the act must be signed by both parties, and this creates some inconvenience, because getting a signature from an oDesk representative is problematic. As an alternative, we have chosen to work under a public offer contract (this is exactly what the above presented contract with oDesk is). You need to notify your bank and agree that an invoice will be provided for each transaction with the transaction number and the amount minus the cost of the transfer (at the moment wire transfer fee = 30 USD). An example of an invoice .
A certificate of a currency transaction can be completed by the bank for a small fee, but you can prepare them yourself. It is important to indicate the currency operation code in it. It will tell the bank. For example, 20200. The contract effective date is specified arbitrarily. This will probably be the date you started working with oDesk.
If, according to a given contract with oDesk, you have passed through 50,000 USD, then you need to create a transaction passport (the bank itself will tell you about this, having previously blocked the funds). The easiest way is to ask the bank to issue a passport of the transaction for an additional commission, but you can also provide a ready one.
After the transaction passport is issued, the certificate of a currency transaction will change a little. Also, you will need to provide a certificate of supporting documents . It is also not complicated and is very similar to a certificate of a currency transaction - it is necessary to indicate in it the number and date of the same invoice that we provide the bank with each transaction.
After the bank has accepted all the documents, it will allow you to transfer money from the transit account to a current account and / or sell it in rubles.
All copies of documents for the last 5 years are best kept. In case of disputable situations that occur periodically in Fin. supervision, you will have the opportunity to remember the details of the transaction and resolve the issue.
Lastly, allow me to wish that the bureaucracy and formalities do not distract you from the real work!
Issues related to receiving money from foreign customers were repeatedly highlighted on various portals. We have been using oDesk for work for a long time, and colleagues from other companies have repeatedly asked about the details of the process of withdrawing funds from an oDesk account to an official bank account, be it LLC or IP. In this article I will describe the steps and publish the translation of the contract, which must be submitted to the bank.
')
Why do you need it:
- Withdrawing money to a current account is the only legal way to work with oDesk in the Russian Federation
- At high speeds, using the payoneer.com card becomes impossible.
- With transactions from $ 2000 per week, the cost of money transfer in the Russian Federation is less, if you use wire transfer
By law, any legal entity working with foreign partners and receiving money from non-residents in USD is required to submit documents to the bank for passing currency control, otherwise the bank will not have the right to transfer them from the transit account to the current account. If you identify violations of the passage of currency control fin. supervision can punish you with a fine: 4,000 - 5,000 rubles for an individual entrepreneur, 40,000 - 50,000 rubles for an LLC, according to Article 15.25 of the Administrative Code, paragraph 6.
On the oDesk website, it is possible to specify the Wire Transfer Payment Method, into which the transit account data is entered. It is necessary to take into account that banks are obliged to provide information on the receipt of funds to a transit account, therefore it is advisable to prepare documents in advance. After the money from oDesk came to the transit account, you will have 15 days to pass the currency control.
The procedure for passing currency control
There are two ways to prepare and submit the documents necessary for the legal receipt of money.
- While the total amount of all transactions for all the time with oDesk has not exceeded 50,000 USD, it is possible not to issue a transaction passport, but to bring an agreement with oDesk to the bank, an act for each transaction and a certificate of currency transaction
- After the first 50 000 USD you need to issue a passport transaction
Now in order. The contract in English can be taken from the site: kb.odesk.com/questions/1386 It is necessary to bring a translation into Russian to the bank, and, only if asked, an English version. We decided to share our version of the translation (at the end of the article).
Usually, the act must be signed by both parties, and this creates some inconvenience, because getting a signature from an oDesk representative is problematic. As an alternative, we have chosen to work under a public offer contract (this is exactly what the above presented contract with oDesk is). You need to notify your bank and agree that an invoice will be provided for each transaction with the transaction number and the amount minus the cost of the transfer (at the moment wire transfer fee = 30 USD). An example of an invoice .
A certificate of a currency transaction can be completed by the bank for a small fee, but you can prepare them yourself. It is important to indicate the currency operation code in it. It will tell the bank. For example, 20200. The contract effective date is specified arbitrarily. This will probably be the date you started working with oDesk.
Transaction passport
If, according to a given contract with oDesk, you have passed through 50,000 USD, then you need to create a transaction passport (the bank itself will tell you about this, having previously blocked the funds). The easiest way is to ask the bank to issue a passport of the transaction for an additional commission, but you can also provide a ready one.
After the transaction passport is issued, the certificate of a currency transaction will change a little. Also, you will need to provide a certificate of supporting documents . It is also not complicated and is very similar to a certificate of a currency transaction - it is necessary to indicate in it the number and date of the same invoice that we provide the bank with each transaction.
After the bank has accepted all the documents, it will allow you to transfer money from the transit account to a current account and / or sell it in rubles.
All copies of documents for the last 5 years are best kept. In case of disputable situations that occur periodically in Fin. supervision, you will have the opportunity to remember the details of the transaction and resolve the issue.
Lastly, allow me to wish that the bureaucracy and formalities do not distract you from the real work!
Translation of a public offer contract with oDesk
oDesk User Agreement [translation]
Last updated: October 31, 2012, Entry into force October 31, 2012.
This update clarifies the term “Customer” to refer to those who purchase services. This update also clarifies the description of the oDesk Platform.
This oDesk User Agreement (“Agreement”) is a contract between you (the “User”) and oDesk Corporation located at 901 Marshall Street, Redwood City, California USA (“oDesk”, “we” or “us”). You must read, agree and accept all terms and conditions contained in this agreement in order to be able to use www.odesk.com (the “Site”) as well as related software and services (collectively “oDesk Platform”).
oDesk may change this agreement at any time by posting a new edition on the site. Each revision will show the effective date, which will be after the publication date. If the revised version significantly reduces your rights or increases your responsibilities, we can post a notice in advance of the effective date. Your continued use of the oDesk Platform after the effective date of the new edition of this agreement constitutes your acceptance of its terms.
Your access and use of the oDesk Platform is also governed by the information, support and policies that are also present on the Site. To the extent that there are conflicts between the terms and conditions of this Agreement and the Site, the terms and conditions of this Agreement will be decisive. Capitalized terms are defined throughout the Agreement and in Section 12.
YOU UNDERSTAND THAT SETTING THE FLAGS AND CLICKING THE “SUBMIT” BUTTON, OR USING ODESK PLATFORM, YOU AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN FULL VOLUME, YOU CAN’T HAVE ACCESS OR USE ODESK PLATFORM. IF YOU AGREE TO THIS AGREEMENT ON YOUR ORGANIZATION, YOU STATE AND ENSURE THAT YOU HAVE AUTHORITIES TO ASSOCIATE THIS ORGANIZATION WITH THIS AGREEMENT.
SUCH A CASE, “YOU” AND “YOUR” WILL BE RELATED AND APPLY TO THIS ORGANIZATION.
1. THE ODESK PLATFORM.
1.1 Assignment of the oDesk Platform.
The oDesk Platform allows Users to buy and sell Services over the Internet. Clients post work and invite Contractors. Contractors post profiles (information about themselves) and a proposal for a job opportunity. If the Client accepts the Contractor's proposal for this work, then a service contract is formed directly between the Client and the Contractor in accordance with the conditions specified in Section 3 (Service Contract - conditions between the Client (Customer) and the Contractor). oDesk collects payment from the Client on behalf of the Contractor (Contractor).
1.2 Eligibility
The oDesk Platform is available only to legal entities and individuals who are at least adults (18 years old) and are able to conclude legally binding contracts in accordance with applicable law.
The User agrees that the User is not (a) a citizen or resident of the country in which the use or participation is prohibited by law, decree, or other administrative act; (b) a citizen or resident, or is in, a country or region that is subject to sanctions or embargoes by the United States or another sovereign country including, without limitation, Cuba, Iran, North Korea, Sudan and Syria, or a person or worker or is associated with a subject identified in the Prohibited List of the US Department of Commerce, in the list of specially appointed citizens of the US Treasury Department or in the List of Blocked US Persons, or in the List of Expelled Persons of the US Department, or otherwise unauthorized ie items (or services) are subject to US export control laws and regulations, economic or other rules of any sovereign state.
2. ODESK rules
2.1 oDesk Fees
oDesk charges a fee (commission) from Contractors for service and technology costs, but not limited to supporting the oDesk Platform, ensuring tracking of resources, or collecting amounts that Customers need and lists them to Contractors. As a rule, this fee is equal to 10% of the Customers' payments, plus a fee for the transfer of funds to the bank.
2.2 General Obligations of the User
oDesk has created a market to connect Clients (Zakzachikov) and Contractors (Contractors) using the oDesk Platform. oDesk is not a service company and does not provide any service for managing Contractors or their work. oDesk expects a constant and high level of politeness, respect and professionalism from all of its Users to each other. Users agree to use common sense when posting information, comments, comments or other materials regarding other users, oDesk or any third party anywhere on the oDesk Platform. Users may be held legally liable for damage incurred by other Users, oDesk or any third party as a result of legally effective or defamatory comments, comments or other information or materials posted on the oDesk Platform. All Customers and Contractors must comply with all laws applicable to them or their activities and all oDesk policies that are included in this Agreement by reference. These policies may be changeable from time to time at the discretion of oDesk, and currently current policies will be considered part of this Agreement.
You will not have access (or attempt to gain access) to the Site in any sense except through the interface provided by oDesk, and you will not use the information from the Site for any purpose other than the purpose for which it was provided.
You will not engage in any activity that interferes with or hinders the operation of the site. You will not attach or upload incorrect or infected files or unknown files. You will not add external links that may be malicious or unknown to you, or used to offer any goods or services, except Services (on oDesk).
According to federal law, oDesk is not legally responsible for any comments, information or other materials posted or accessible on the oDesk Platform by any User or a third party, even if such information or content is defamatory or legally effective. oDesk is not responsible and does not monitor or check the content for accuracy or reliability. However, oDesk reserves the right to remove or restrict access to any information or content placed or available on the oDesk Platform if it is obliged to do so by order of the state or oDesk considers such information or content to violate this agreement.
In accordance with the Digital Millennium Copyright Act, oDesk created procedures for receiving written notices of violations and processing such notifications. If you believe that your copyright is violated by some oDesk Platform Users, please send oDesk using fax 650-853-4101, a violation notice which includes the following: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of exclusive rights that are allegedly violated; (2) the identification of copyrighted work rights to which the rights were violated; (3) identification of the material allegedly violating and which should be deleted, as well as information sufficient for oDesk to find it; (4) information sufficient for oDesk to contact the complaining party, (5) a statement that the complaining party has an honest assumption that the use of this material in accordance with the claims is not authorized by the copyright of the owner, his agent or by law; and (6) a statement that the information in the notice is accurate and, under penalty of perjury, the complaining party is authorized to act on behalf of the owner of the exclusive rights that are allegedly violated.
2.3 Personality and safety.
All identification information relating to the oDesk Account must be authentic and verifiable. Each user account must be used by only one person, and each person is allowed to use only one User account. oDesk reserves the right to verify User information at any time, including but not limited to verification through third-party databases or verification of one or more official state or legal documents confirming the User’s identity. You authorize oDesk, directly or through third parties, to make any necessary requests to verify your identity and confirm your ownership of the email address or financial instruments. The inability to provide information about you and your business when requested to have a violation of this Agreement. The User is responsible for ensuring and maintaining the privacy and security of the password from the oDesk Account of the User. The user undertakes not to disclose this password to third parties and is fully responsible for any actions using such a password on oDesk. You must notify oDesk support immediately if you suspect that your password has been lost or stolen. By using your oDesk account, you acknowledge and agree that oDesk security procedures are economically justified. You may not allow third parties to use this password to perform any action that includes, but not limited to, job placement, or the performance of the Services or under your oDesk user account, except as allowed by the oDesk API.
2.4 Placement of orders and applications.
2.4.1 Placing Orders.
All orders placed on oDesk must be in English and do not contain any information allowing or requesting payment outside of the oDesk Platform. Orders must be of a professional nature and accurately describe the Services requested. They must not contain offensive language or advertising for other products or services. Orders must not request any services that are illegal or violate intellectual property, copyrights or terms of service of another service, product or website. Orders related to the creation of content of candid content or which are associated with the modeling or action of similar content is prohibited. For Orders of a potentially offensive nature, potential readers should be warned in the title of the order.
2.4.2 Ordering
All information provided in the order proposal must be true, accurate and complete. oDesk reserves the right to verify any and all information provided by the User and in his offer. By sending an offer to fulfill an order, the User confirms that he or she has the necessary skills and abilities to provide the requested Services within the time specified in the order.
2.5 Management and Work on Contracts (Orders).
2.5.1 Contract Management.
Clients agree to regularly check the Work Accounting Journal and the Recorded Time as well as the intermediate state of the product and promptly respond to communications and requests for additional information from the Contractor.
2.5.2 Contract Execution
Contractors agree to use the oDesk Team (time tracking system for contractors) and the Work Accounting Journal to keep track of all the time that is associated with an hourly contract. Time will not be paid if it was not recorded in the Journal of Work Accounting through 1) oDesk Team; or 2) by manual entry. The time that is taken into account for some Contract must be directly related to the execution of this Contract. If the Contractor has specified the time manually, then these hours can be contested by the Client and payment for them is not guaranteed by oDesk. The Contractor is responsible for providing any tools or resources necessary for the execution of the Contract, except in cases when it is fixed for the Client earlier. The Contractor agrees to respond to all communications of the Client within 1 business day. It is necessary to notify the Client at least 2 weeks in advance if the Contractor will not be able to fulfill this requirement due to the absence of it. The Contractor agrees to provide honest and thorough feedback to the Client after the end of the Contract.
2.6 Calculations and payments.
2.6.1 Hourly Contracts.
Clients agree with the fact that there is not any guarantee of the quality of order fulfillment on the Hourly Contract. The client pays for the hours that are associated with the Contract, and not for specific results. If the Client wants to pay only for the results or stages of the project, then he should use Fixed Pay Contracts. Clients have the right to challenge time using the Dispute Resolution Policy.
2.6.2 Fixed Pay Contracts.
Contractors agree that there is no guarantee of payment under Fixed Pay Contracts. Clients reserve the right to decide whether the Contractor has fulfilled the required amount of work and pay the Contractor a fee.
2.6.3 Exemption from intermediaries.
Except as provided for in the Redemption Rule below, the Customer must make all payments related to or in any way related to the Contract (including bonuses) through the oDesk Platform. Any action that encourages full or partial payment outside the oDesk Platform is a violation of this Agreement. If the Client is found to be in violation of this part of the Agreement, he undertakes to pay oDesk a fee in the amount of the largest of the following amounts: a) $ 2,500; b) the commission that should have been transferred by oDesk if the payment was made through the oDesk Platform, plus 18%. The client must promptly notify oDesk in the event that the Contractor asks to pay him directly or through any other channels than those established or provided by oDesk. The Contractor shall not accept any payments related to the Contract (including bonuses) from the Client through channels other than those established or provided by the oDesk Platform. The Contractor shall promptly notify oDesk in the event that the Client attempts to pay the Contractor directly or through any other channels, except those established or provided by oDesk.
2.6.4 Void.
Notwithstanding the foregoing provisions, Users may agree to provide or receive Services outside of the oDesk system, if Users are identified in the oDesk market. If the Services are provided for more than three (3) years from the moment the Customer has identified the Contractor through oDesk, then oDesk Commissions or Offsets are not charged. If the Services are rendered outside oDesk for less than three (3) years from the moment Customer identifies the Contractor through oDesk, then the oDesk Commission is not charged, provided that the Customer pays oDesk “Indenting” in accordance with the rule below:
Before entering into contracts outside of oDesk to receive the Services from the User identified in the oDesk system, the Client must notify oDesk in writing of its intention to pay Indenting instead of making payments through the oDesk Platform. Together with such notice, the Client provides an honest estimate of the amount payable to the Contractor for the Services rendered during the fifty-two week period starting immediately after the date of the notice. Together with such a notice, the Client pays or orders oDesk to withhold the largest of the following amounts from its account: i) fifteen percent (15%) of the fair assessment of the amount described above; ii) oDesk “Medium Week Commission” at fifty-two times the size (as described above); or iii) five hundred dollars ($ 500). For the purposes of the above, the oDesk “Weekly Commission” means the average weekly fee payable to oDesk, calculated on the basis of the amount of work performed by the Contractor for the Client within four (4) weeks immediately prior to the compensation notice, described above, not counting the weeks when commission is not payable.
2.7 Settlement Accounts.
Each Contractor undertakes to properly perform work for all payments that oDesk receives from this Client. Each User understands and agrees that:
Transfer of funds using the methods described in this document is not a separate and separate service provided by oDesk in addition to other services of the oDesk Platform. In contrast, the transfer of funds in this auditable way is part of the oDesk Platform services provided by oDesk. The oDesk Settlement Account is a depositary account managed by oDesk in order to facilitate Customer payments to the Contractor. oDesk acts as an agent for the Contractor, and not as a trustee or trustee regarding payments received through oDesk. oDesk stores the funds received in a joint bank account, the name of which may include the words “oDesk for the benefit of others” or the like. oDesk keeps records on oDesk, which, in the event of a bank failure, will allow the Federal Deposit Insurance Corporation to determine which funds belong to a particular Contractor. oDesk is committed to intentionally not providing your funds to its creditors in the event of bankruptcy. , , oDesk . oDesk Platform oDesk , . , , oDesk , oDesk. oDesk .
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kb.odesk.com/questions/1386
Last updated: October 31, 2012, Entry into force October 31, 2012.
This update clarifies the term “Customer” to refer to those who purchase services. This update also clarifies the description of the oDesk Platform.
This oDesk User Agreement (“Agreement”) is a contract between you (the “User”) and oDesk Corporation located at 901 Marshall Street, Redwood City, California USA (“oDesk”, “we” or “us”). You must read, agree and accept all terms and conditions contained in this agreement in order to be able to use www.odesk.com (the “Site”) as well as related software and services (collectively “oDesk Platform”).
oDesk may change this agreement at any time by posting a new edition on the site. Each revision will show the effective date, which will be after the publication date. If the revised version significantly reduces your rights or increases your responsibilities, we can post a notice in advance of the effective date. Your continued use of the oDesk Platform after the effective date of the new edition of this agreement constitutes your acceptance of its terms.
Your access and use of the oDesk Platform is also governed by the information, support and policies that are also present on the Site. To the extent that there are conflicts between the terms and conditions of this Agreement and the Site, the terms and conditions of this Agreement will be decisive. Capitalized terms are defined throughout the Agreement and in Section 12.
YOU UNDERSTAND THAT SETTING THE FLAGS AND CLICKING THE “SUBMIT” BUTTON, OR USING ODESK PLATFORM, YOU AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN FULL VOLUME, YOU CAN’T HAVE ACCESS OR USE ODESK PLATFORM. IF YOU AGREE TO THIS AGREEMENT ON YOUR ORGANIZATION, YOU STATE AND ENSURE THAT YOU HAVE AUTHORITIES TO ASSOCIATE THIS ORGANIZATION WITH THIS AGREEMENT.
SUCH A CASE, “YOU” AND “YOUR” WILL BE RELATED AND APPLY TO THIS ORGANIZATION.
1. THE ODESK PLATFORM.
1.1 Assignment of the oDesk Platform.
The oDesk Platform allows Users to buy and sell Services over the Internet. Clients post work and invite Contractors. Contractors post profiles (information about themselves) and a proposal for a job opportunity. If the Client accepts the Contractor's proposal for this work, then a service contract is formed directly between the Client and the Contractor in accordance with the conditions specified in Section 3 (Service Contract - conditions between the Client (Customer) and the Contractor). oDesk collects payment from the Client on behalf of the Contractor (Contractor).
1.2 Eligibility
The oDesk Platform is available only to legal entities and individuals who are at least adults (18 years old) and are able to conclude legally binding contracts in accordance with applicable law.
The User agrees that the User is not (a) a citizen or resident of the country in which the use or participation is prohibited by law, decree, or other administrative act; (b) a citizen or resident, or is in, a country or region that is subject to sanctions or embargoes by the United States or another sovereign country including, without limitation, Cuba, Iran, North Korea, Sudan and Syria, or a person or worker or is associated with a subject identified in the Prohibited List of the US Department of Commerce, in the list of specially appointed citizens of the US Treasury Department or in the List of Blocked US Persons, or in the List of Expelled Persons of the US Department, or otherwise unauthorized ie items (or services) are subject to US export control laws and regulations, economic or other rules of any sovereign state.
2. ODESK rules
2.1 oDesk Fees
oDesk charges a fee (commission) from Contractors for service and technology costs, but not limited to supporting the oDesk Platform, ensuring tracking of resources, or collecting amounts that Customers need and lists them to Contractors. As a rule, this fee is equal to 10% of the Customers' payments, plus a fee for the transfer of funds to the bank.
2.2 General Obligations of the User
oDesk has created a market to connect Clients (Zakzachikov) and Contractors (Contractors) using the oDesk Platform. oDesk is not a service company and does not provide any service for managing Contractors or their work. oDesk expects a constant and high level of politeness, respect and professionalism from all of its Users to each other. Users agree to use common sense when posting information, comments, comments or other materials regarding other users, oDesk or any third party anywhere on the oDesk Platform. Users may be held legally liable for damage incurred by other Users, oDesk or any third party as a result of legally effective or defamatory comments, comments or other information or materials posted on the oDesk Platform. All Customers and Contractors must comply with all laws applicable to them or their activities and all oDesk policies that are included in this Agreement by reference. These policies may be changeable from time to time at the discretion of oDesk, and currently current policies will be considered part of this Agreement.
You will not have access (or attempt to gain access) to the Site in any sense except through the interface provided by oDesk, and you will not use the information from the Site for any purpose other than the purpose for which it was provided.
You will not engage in any activity that interferes with or hinders the operation of the site. You will not attach or upload incorrect or infected files or unknown files. You will not add external links that may be malicious or unknown to you, or used to offer any goods or services, except Services (on oDesk).
According to federal law, oDesk is not legally responsible for any comments, information or other materials posted or accessible on the oDesk Platform by any User or a third party, even if such information or content is defamatory or legally effective. oDesk is not responsible and does not monitor or check the content for accuracy or reliability. However, oDesk reserves the right to remove or restrict access to any information or content placed or available on the oDesk Platform if it is obliged to do so by order of the state or oDesk considers such information or content to violate this agreement.
In accordance with the Digital Millennium Copyright Act, oDesk created procedures for receiving written notices of violations and processing such notifications. If you believe that your copyright is violated by some oDesk Platform Users, please send oDesk using fax 650-853-4101, a violation notice which includes the following: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of exclusive rights that are allegedly violated; (2) the identification of copyrighted work rights to which the rights were violated; (3) identification of the material allegedly violating and which should be deleted, as well as information sufficient for oDesk to find it; (4) information sufficient for oDesk to contact the complaining party, (5) a statement that the complaining party has an honest assumption that the use of this material in accordance with the claims is not authorized by the copyright of the owner, his agent or by law; and (6) a statement that the information in the notice is accurate and, under penalty of perjury, the complaining party is authorized to act on behalf of the owner of the exclusive rights that are allegedly violated.
2.3 Personality and safety.
All identification information relating to the oDesk Account must be authentic and verifiable. Each user account must be used by only one person, and each person is allowed to use only one User account. oDesk reserves the right to verify User information at any time, including but not limited to verification through third-party databases or verification of one or more official state or legal documents confirming the User’s identity. You authorize oDesk, directly or through third parties, to make any necessary requests to verify your identity and confirm your ownership of the email address or financial instruments. The inability to provide information about you and your business when requested to have a violation of this Agreement. The User is responsible for ensuring and maintaining the privacy and security of the password from the oDesk Account of the User. The user undertakes not to disclose this password to third parties and is fully responsible for any actions using such a password on oDesk. You must notify oDesk support immediately if you suspect that your password has been lost or stolen. By using your oDesk account, you acknowledge and agree that oDesk security procedures are economically justified. You may not allow third parties to use this password to perform any action that includes, but not limited to, job placement, or the performance of the Services or under your oDesk user account, except as allowed by the oDesk API.
2.4 Placement of orders and applications.
2.4.1 Placing Orders.
All orders placed on oDesk must be in English and do not contain any information allowing or requesting payment outside of the oDesk Platform. Orders must be of a professional nature and accurately describe the Services requested. They must not contain offensive language or advertising for other products or services. Orders must not request any services that are illegal or violate intellectual property, copyrights or terms of service of another service, product or website. Orders related to the creation of content of candid content or which are associated with the modeling or action of similar content is prohibited. For Orders of a potentially offensive nature, potential readers should be warned in the title of the order.
2.4.2 Ordering
All information provided in the order proposal must be true, accurate and complete. oDesk reserves the right to verify any and all information provided by the User and in his offer. By sending an offer to fulfill an order, the User confirms that he or she has the necessary skills and abilities to provide the requested Services within the time specified in the order.
2.5 Management and Work on Contracts (Orders).
2.5.1 Contract Management.
Clients agree to regularly check the Work Accounting Journal and the Recorded Time as well as the intermediate state of the product and promptly respond to communications and requests for additional information from the Contractor.
2.5.2 Contract Execution
Contractors agree to use the oDesk Team (time tracking system for contractors) and the Work Accounting Journal to keep track of all the time that is associated with an hourly contract. Time will not be paid if it was not recorded in the Journal of Work Accounting through 1) oDesk Team; or 2) by manual entry. The time that is taken into account for some Contract must be directly related to the execution of this Contract. If the Contractor has specified the time manually, then these hours can be contested by the Client and payment for them is not guaranteed by oDesk. The Contractor is responsible for providing any tools or resources necessary for the execution of the Contract, except in cases when it is fixed for the Client earlier. The Contractor agrees to respond to all communications of the Client within 1 business day. It is necessary to notify the Client at least 2 weeks in advance if the Contractor will not be able to fulfill this requirement due to the absence of it. The Contractor agrees to provide honest and thorough feedback to the Client after the end of the Contract.
2.6 Calculations and payments.
2.6.1 Hourly Contracts.
Clients agree with the fact that there is not any guarantee of the quality of order fulfillment on the Hourly Contract. The client pays for the hours that are associated with the Contract, and not for specific results. If the Client wants to pay only for the results or stages of the project, then he should use Fixed Pay Contracts. Clients have the right to challenge time using the Dispute Resolution Policy.
2.6.2 Fixed Pay Contracts.
Contractors agree that there is no guarantee of payment under Fixed Pay Contracts. Clients reserve the right to decide whether the Contractor has fulfilled the required amount of work and pay the Contractor a fee.
2.6.3 Exemption from intermediaries.
Except as provided for in the Redemption Rule below, the Customer must make all payments related to or in any way related to the Contract (including bonuses) through the oDesk Platform. Any action that encourages full or partial payment outside the oDesk Platform is a violation of this Agreement. If the Client is found to be in violation of this part of the Agreement, he undertakes to pay oDesk a fee in the amount of the largest of the following amounts: a) $ 2,500; b) the commission that should have been transferred by oDesk if the payment was made through the oDesk Platform, plus 18%. The client must promptly notify oDesk in the event that the Contractor asks to pay him directly or through any other channels than those established or provided by oDesk. The Contractor shall not accept any payments related to the Contract (including bonuses) from the Client through channels other than those established or provided by the oDesk Platform. The Contractor shall promptly notify oDesk in the event that the Client attempts to pay the Contractor directly or through any other channels, except those established or provided by oDesk.
2.6.4 Void.
Notwithstanding the foregoing provisions, Users may agree to provide or receive Services outside of the oDesk system, if Users are identified in the oDesk market. If the Services are provided for more than three (3) years from the moment the Customer has identified the Contractor through oDesk, then oDesk Commissions or Offsets are not charged. If the Services are rendered outside oDesk for less than three (3) years from the moment Customer identifies the Contractor through oDesk, then the oDesk Commission is not charged, provided that the Customer pays oDesk “Indenting” in accordance with the rule below:
Before entering into contracts outside of oDesk to receive the Services from the User identified in the oDesk system, the Client must notify oDesk in writing of its intention to pay Indenting instead of making payments through the oDesk Platform. Together with such notice, the Client provides an honest estimate of the amount payable to the Contractor for the Services rendered during the fifty-two week period starting immediately after the date of the notice. Together with such a notice, the Client pays or orders oDesk to withhold the largest of the following amounts from its account: i) fifteen percent (15%) of the fair assessment of the amount described above; ii) oDesk “Medium Week Commission” at fifty-two times the size (as described above); or iii) five hundred dollars ($ 500). For the purposes of the above, the oDesk “Weekly Commission” means the average weekly fee payable to oDesk, calculated on the basis of the amount of work performed by the Contractor for the Client within four (4) weeks immediately prior to the compensation notice, described above, not counting the weeks when commission is not payable.
2.7 Settlement Accounts.
Each Contractor undertakes to properly perform work for all payments that oDesk receives from this Client. Each User understands and agrees that:
Transfer of funds using the methods described in this document is not a separate and separate service provided by oDesk in addition to other services of the oDesk Platform. In contrast, the transfer of funds in this auditable way is part of the oDesk Platform services provided by oDesk. The oDesk Settlement Account is a depositary account managed by oDesk in order to facilitate Customer payments to the Contractor. oDesk acts as an agent for the Contractor, and not as a trustee or trustee regarding payments received through oDesk. oDesk stores the funds received in a joint bank account, the name of which may include the words “oDesk for the benefit of others” or the like. oDesk keeps records on oDesk, which, in the event of a bank failure, will allow the Federal Deposit Insurance Corporation to determine which funds belong to a particular Contractor. oDesk is committed to intentionally not providing your funds to its creditors in the event of bankruptcy. , , oDesk . oDesk Platform oDesk , . , , oDesk , oDesk. oDesk .
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kb.odesk.com/questions/1386
Source: https://habr.com/ru/post/165471/
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