Geek Agreement

This is a legal contract between you (the “geek”) and HireGeeks.com, governed by and interpreted according to the laws of the State of New Jersey and United States Federal Law. If you are under 18 years of age and thus unable to enter into a legally binding contract, you certify that a parent or legal guardian has agreed to these terms, as well as those of the HireGeeks.com terms of service, on your behalf.

Definitions

The following terms are defined:

“We”, “our”, etc.

HireGeeks.com

“Buyer”

A person or entity that is capable of depositing funds, creating projects, or accepting work.

“Geek”

A person or entity that is capable of bidding on projects, submitting work, or withdrawing funds.

“Website”

The website belonging to HireGeeks.com, http://www.hiregeeks.com.

Acceptance of Conditions

This is an agreement between you and HireGeeks.com. Use of the service provided to geeks by HireGeeks.com (the “service”) constitutes acceptance of these terms and conditions. If you do not wish to abide by these terms and conditions, you must stop using the service immediately.

You additionally agree that you accept the general terms of service of HireGeeks.com.

Termination

This agreement shall be valid as long as you remain a geek. Either party may, at its discretion, terminate this agreement for any reason. If this agreement is terminated, you must stop using the site as a geek immediately.

Accuracy of Information

Any information that you submit must be, to the best of your knowledge, accurate. You agree that you are not knowingly infringing upon any intellectual property laws by posting this information. In the event that you are found to be infringing upon intellectual property laws, you claim full responsibility for your infringement and agree to indemnify HireGeeks.com in any claims stemming from the infringement.

Sharing of Contact Information

You agree not to share any contact information with any other users of the site, except for the purpose of sharing contact information with a buyer after your bid on that buyer's project is accepted. You are allowed to contact the buyer using that information, rather than through the site, on subsequent projects, but by doing so, you forfeit all protections, including the escrow process, normally granted to you by HireGeeks.com on these projects. You agree not to hold HireGeeks.com responsible for liability resulting from any contact outside of the HireGeeks.com website with another user.

Offsite Funding / Tips

You agree not to engage in off-site financial transactions with the buyer on projects posted to HireGeeks.com.

Transfer of Copyright

HireGeeks.com projects are to be considered “works for hire” between independent contractors. Typically, this means that copyright is transferred from the geek to the buyer. However, the buyer and geek may negotiate the transfer of copyright by including their terms in the project/bid descriptions. In the event that any of the buyer's information, including, but not limited to, financial information, is found to be fraudulent, copyright is transferred back to HireGeeks.com, which agrees to exclusively opt to either pay the geek the remaining amount owed by the buyer and retain the copyright or transfer the copyright back to the geek. If the geek's financial information is found to be fraudulent, the geek may retain the copyright on the work, but all funds paid out to the geek are forfeit and will either be paid back to the buyer or retained by HireGeeks.com, at HireGeeks.com's discretion.

Both the buyer and geek agree to grant HireGeeks.com and its personnel a nonexclusive license to examine any answers, work, or other deliverables in order to investigate the quality and completeness of the deliverables or to resolve disputes. Though we will investigate with utmost care, HireGeeks.com disclaims liability for any incidental damage that may occur to deliverables during investigation.

Derivative Works

You agree to explain the licensing ramifications of creating a "derivative work" to the buyer on-site and abide by the buyer's decision if you wish to create a derivative work. If the terms of an original work conflict with those of this agreement, the buyer agreement, or the terms of service, you may not integrate the original work into your own derivative work.

Prior Negotiations

Both the buyer and geek agree that any prior negotiations do not take precedence over the terms of this agreement or that of the HireGeeks terms of service.

Indemnity

You agree to indemnify HireGeeks.com and its agents from any claim related to your use of the service or website. If such a claim arises, HireGeeks.com will provide you with written notification.

Duplicate Accounts

You agree that you will not create more than one active account at any time. If you open a new account, you must close the old one. Additionally, you must specify in the biography section of your profile what your old account name was. You agree that if HireGeeks discovers a duplicate account, we may close one or both accounts at our discretion.

Ratings

HireGeeks or its personnel may remove ratings that are inaccurate, artificially inflated (that is, from an account that is known to be duplicate), suspicious, threatening, libelous, or illegal. We may also remove ratings at the request of the user that gave the rating.

Delivery

If the work you perform is uploadable, you agree to upload this work to the HireGeeks website, using the "report work complete" link, upon completion. If it is not, you must still document completion of the work. If we do not have proof of your work, we may decide against you in dispute resolution.

Last modified: Tuesday, 28-Mar-2006 05:51:09 PST