TERMS AND CONDITIONS
Welcome to FastFigs. The following Terms and Conditions, which include the Site Policies, are a contractual agreement between you and FastFigs. The Terms and Conditions together with the Site Policies are collectively referred to as the Terms and Conditions. By visiting or using the services available from the domain and sub-domains of www.FastFigs.com and Fastfigs.com (the Site), you are agreeing to be legally bound by these Terms and Conditions. If you do not accept these Terms and Conditions in their entirety, you may not access or use the FastFigs website
We reserve the right to revise these Terms and Conditions and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
1. MEMBER ELIGIBILITY AND OBLIGATIONS
To access Site Services through our Site, you must be a legal entity, or an individual in business 18 years or older who can form legally binding contracts. To register for an Account with FastFigs and become a Member, you must accept all of the Terms and Conditions. By becoming a Member, you agree to: (a) abide by the FastFigs Terms and Conditions and the processes, procedures, and guidelines described throughout the Site; (b) be financially responsible for your use of the Site and the purchase or delivery of Drafting Services; and (c) perform your obligations as specified by any Terms that you accept, unless such obligations are prohibited by law or by the FastFigs Terms and Conditions. FastFigs reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.
To become a Member and access Site Services through our Site 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 Site, and to update this information to maintain its truthfulness, accuracy and completeness.
Member represents, warrants, and agrees to grant access to the Account only to Users authorized to act on behalf of the Member and only in accordance with these Terms and Conditions. Additionally, Member represents, warrants, and agrees to be fully responsible and liable for any action of any User who uses the Account. You agree (a) not to use any Account, username, or password of another User of the Site that you are not authorized to use and (b) not to allow others who are not authorized to do so to use the Account at any time.
You authorize FastFigs to assume that any person using the Site 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.
3. DESCRIPTION OF SERVICES
3.1. The Site is available as an online workplace where employers for drafting services (the Employers) and Draftsman (the Draftsman) identify each other and work together online to accomplish the drafting services (the Jobs). The Site contains features that enable Employers and Draftsman to do, among other things, the following:
3.1.1. Employers: Post Jobs, identify and filter Draftsman, communicate, negotiate terms, hire, manage jobs, rate and pay Draftsman.
3.1.2. Draftsman: Create profiles, advertise capabilities, bid, interview, negotiate terms, accept jobs, manage engagements, get rated and receive payments from Employers.
4. RELATIONSHIP BETWEEN EMPLOYERS AND DRAFTSMAN
4.1. Member Contracts
The dealing, contracting and fulfillment of a Job is between an Employer and a Draftsman. Upon acceptance of a job, the Employer agrees to purchase, and the Draftsman agrees to deliver the Drafting Services in accordance with the following agreements: (a) the agreement is between Employer and Draftsman, including the pricing and Terms as accepted on the Site and as required by the Employer of each Draftsman, (b) these Terms and Conditions, and (c) any other contract uploaded to the Site by the parties (collectively, the Member Contract). You agree not to enter into any contractual provisions in conflict with these Terms and Conditions. Any provision of a Member Contract in conflict with these Terms and Conditions is void. Employer is responsible for managing, inspecting, accepting and paying for satisfactory Drafting Services in accordance with the Member Contract in a timely manner. Draftsman is responsible for the performance and quality of the Drafting Services in accordance with the Member Contract in a timely manner. Employer and Draftsman each covenants and agrees to act with good faith and fair dealing in performance of the Member Contract.
4.2. Independent Contractors
Employer and Draftsman each acknowledges and agrees that their relationship is that of independent contractors. The Draftsman shall perform the Drafting Services as an independent contractor and nothing in these Terms and Conditions shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Draftsman and Employer or between FastFigs and any Draftsman or Employer.
5. RELATIONSHIP WITH FASTFIGS
5.1. FastFigs Not a Party to Jobs
FastFigs is not a party to the dealing, contracting and fulfillment of a Job between an Employer and a Draftsman, including the Draftsman Services. FastFigs has no control over and does not guarantee the quality, suitability or legality of Draftsman Services advertised as such pertain to acceptance by the US Patent & Trademark Office (PTO) or any other government agency or court, the truth or accuracy of Postings, the qualifications, background, or abilities of Draftsman, the ability of Draftsman to deliver Draftsman Services, the ability of Employers to pay for Draftsman Services, or that an Employer or Draftsman can or will actually complete a transaction.
All rights and obligations for the purchase and sale of Draftsman Services are solely between Employer and Draftsman. Employer and Draftsman must look solely to the other for enforcement and performance of all the rights and obligations arising from Member Contracts and any other terms, conditions, representations, or warranties associated with such dealings. The Employer assumes all responsibility for Draftsman Services that he may use in patent applications or other government proceedings.
5.2. Third-Party Beneficiary of Member Contract
Employer and Draftsman each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of their covenants and agreements as set forth in their Member Contract. Employer and Draftsman therefore appoint FastFigs a third-party beneficiary of their Member Contract for purposes of enforcing the obligations owed to, and the benefits conferred on, FastFigs by these Terms and Conditions. Employer and Draftsman further agree that FastFigs has the right to take such actions with respect to the Member Contract or their Accounts, including without limitation suspension, termination, or legal actions, as FastFigs in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.
5.3. No Agency
Terms and Conditions and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and FastFigs, except and solely to the extent expressly stated.
6. FASTFIGS FEES
6.1. The Fee
Employer and Draftsman each acknowledges and agrees that FastFigs shall be paid a fee (the Fee) for creating, hosting, maintaining, and providing the Site, and for all services delivered by FastFigs that are accessible through the Site. The amount of the Fee and the method of its payment are set forth in the Billing and Payments Policy and may change with or without notice.
By visiting or using the Site you agree to use FastFigs to make all payments to Draftsman you identify on the Site, so that FastFigs can collect its Fee. You agree not to take any action directly or indirectly to circumvent the Fee.
As an Employer, you also agree to notify FastFigs immediately if your Draftsman solicits payment from you outside the Site.
By visiting or using the Site, or by communicating with Employers identified through the Site, you agree to use FastFigs to receive all payments from Employers you identify on the Site, so that FastFigs can collect its Fee. You agree not to take any action directly or indirectly to circumvent the Fee.
As a Draftsman, you also agree to notify FastFigs immediately if your Employer seeks to pay you outside the Site.
6.2. Payment Processing Fee
The Payment Processing Fee covers the expenses and fees FastFigs incurs to banks, credit card companies, PayPal, and payment processors. Costs are detailed on the Site. FastFigs shall have no responsibility for other costs not mentioned on the Site.
6.3. Membership Fee
Draftsman accounts are established for a period of one year, and for each one year of membership a membership fee is charged to the Draftsman’s account at the beginning of the one year membership period. The membership fee is reduced as the Draftsman completes the Jobs and is paid by the Employers. The membership fee is set forth in the Billing and Payments Policy and may change with or without notice. Draftsman agrees to pay such fee out of the proceeds of the jobs. If at the end of the one year membership period the Draftsman’s account is still not positive, then Draftsman agrees to make a payment to FastFigs for the remaining negative balance to bring the Draftsman’s balance to zero. Membership Fees are non-prorated and non-refundable.
6.4 Formal Invoices and Taxes
FastFigs shall have no responsibility for determining the necessity of or for issuing any formal invoices. Also, each Draftsman is solely responsible for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, and all other requirements applicable to the purchase and sale of services from and by independent contractors.
7. USER CONTENT
You are solely responsible for content or any other information provided to the Site. You understand and agree to the following:
FastFigs is only acting as a venue for the online distribution and publication of User Content. However, no warranties as to the actual distribution or publication of User Content are made or implied. FastFigs has the right (but no obligation) to take any action deemed appropriate with respect to User Content if it is believed that such content may create liability for FastFigs, harm the Fastfigs business operation or reputation, or cause FastFigs to lose the services of our suppliers.
You represent and warrant that User Content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about You or any other individual; (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) is not subject to Export License requirements of the Federal Trade Commission, or that such an Export License has already been obtained. You agree to indemnify and hold harmless FastFigs and its officers and employees against any and all liability that may arise as a result of your use of the FastFigs system and your selection of content to upload or share through the FastFigs system..
8. LICENSES AND SITE ACCESS
8.1. FastFigs License to User
Subject to and conditioned on compliance with these Terms and Conditions, FastFigs grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Site Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of FastFigs or the rights holder. You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by FastFigs.
FastFigs and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The FastFigs logo and name are trademarks of FastFigs, Inc., and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners.
Except as expressly stated above, nothing in these Terms and Conditions confers any license under any of FastFigs's or any third party's intellectual property rights, whether by estoppel, implication or otherwise.
8.2. Access and Interference
The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of FastFigs and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site.
8.3. User License to FastFigs
In order to operate the Site, FastFigs must have certain rights. Consequently, when you post information, text, files, links, attachments, software or other materials (Content) to publicly visible areas of the Site, you grant to FastFigs, and you represent and warrant that you have the right to grant, or that any other owner of such Content has expressly granted to FastFigs, a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to FastFigs to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and incorporate such Content in other works in any form, media or technology now known or later developed. you agree to indemnify and hold harmless FastFigs for any loss or action against FastFigs by property owners for Content you posted or caused to be posted to the FastFigs Site.
9. RESOLUTION OF DISPUTES BETWEEN MEMBER AND FASTFIGS
These Terms and Conditions shall be governed by, and interpreted in accordance with, the laws of the State of Nevada. The courts of Nevada shall have exclusive jurisdiction to resolve any disputes that may arise. Any disputes regarding arrangements between Employers and Draftsman remain solely between Employers and Draftsman. We are not involved in any transactions between You and any other users of the Site. You acknowledge and agree that FastFigs will not be a party to any such dispute or be obligated to take any action or refrain from taking any action towards resolving any such dispute. If you have a dispute with any other users of the Site, you hereby release FastFigs from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
10. TERM, TERMINATION AND SUSPENSION
10.1. Account Termination and Suspension
These Terms and Conditions shall become effective as your contractual agreement upon your acceptance or your use of the Site, and shall continue until your Account is terminated by FastFigs or you as provided for under the terms of this Section.
FastFigs reserves the right to temporarily suspend, indefinitely suspend or terminate your Account or a Job with no prior notification, and refuse to provide any or all Site Services to you if : (a) you breach the letter or spirit of any terms of these Terms and Conditions or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for FastFigs or are contrary to the interests of the Site or the FastFigs user community.
Any termination of an Account will automatically lead to the termination of all related Accounts. Once indefinitely suspended or terminated, you must not continue to use the Site under the same Account, a different Account, or reregister under a new Account.
In the event your Account is automatically terminated (a) you will not receive any credit or payment from FastFigs unless irregularities are cleared from your side; (b) FastFigs shall continue to perform those FastFigs Services necessary to complete any open transaction between you and another Member; and (c) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to FastFigs for any Site Services and to any Draftsman for any Draftsman Services.
Without limiting FastFigs's other remedies, to the extent you engage in actions or activities which circumvent the FastFigs Site or otherwise reduce fees owed FastFigs under these Terms and Conditions, you must pay FastFigs for all fees owed to FastFigs and reimburse FastFigs for all losses and costs (including any and all FastFigs employee time) 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 Site. The material may be deleted along with all your previous posts and proposals.
In addition, violations of these Terms and Conditions may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
10.2. Notification of FastFigs Members
You acknowledge and agree that the value, reputation and goodwill of the Site depend on transparency of Member Account status to all Members, including both yourself and other Members who are participating in Jobs with you. You therefore agree as follows: If FastFigs suspends or terminates your account or Job, FastFigs has the right but not the obligation to (1) notify other members engaged in active jobs with you to inform them of your suspended or terminated account or Job status and (2) provide them with summary reasons for the action.
11. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
You are responsible for creation, storage, and backup of your business records. These Terms and Conditions and any registration for or subsequent use of this Site will not be construed as creating any responsibility on FastFigs's part to store, backup, retain, or grant access to any information or data for any period.
11.2. Warranty Disclaimer
The site services provided by FastFigs or any of our licensors or our third-party Service Providers are Provided "as is," as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and Non-Infringement, arising by statue or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the Website by any third party. Some States and Jurisdictions do not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you.
11.3. Limitation of Liability
In NO event will FastFigs be liable for any special, consequential, incidental, exemplary or indirect costs or damages, litigation costs, installation and removal costs, or loss of data, production or profit as a result of your use of the Site or of the Content of Members of the Site.
If you have a dispute with another Member, you release FastFigs (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You agree to defend, hold harmless and indemnify FastFigs from and against any and all losses, costs, expenses, damages or other liabilities incurred by FastFigs from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against FastFigs: (a) in connection with your use of the Site Services including any payment obligations incurred through use of the Site Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of these Terms and Conditions; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Draftsman; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to a Draftsman.
12. MISCELLANEOUS TERMS
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries or jurisdictions. FastFigs will not be considered to have modified or waived any of our rights or remedies under these Terms and Conditions unless the modification or waiver is in writing and signed by an authorized representative of FastFigs. No delay or omission by FastFigs in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms and Conditions to anyone without the express written permission of FastFigs, and any attempt to do so will be null and void. FastFigs may assign these Terms and Conditions in its discretion.
Except for the payment of fees to FastFigs, neither of the parties to these Terms and Conditions shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
The boldface paragraph headings in these Terms and Conditions are included for ease of reference only and have no binding effect. These Terms and Conditions and all documents referenced in these Terms and Conditions (including the Site Policies listed below) comprise the entire agreement between you and FastFigs with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site.
These Terms and Conditions hereby incorporate all terms, rules, policies, and guidelines on the Site, including:
- BILLING AND PAYMENTS POLICY
- COPYRIGHT POLICY
- SITE USAGE
- PREMIUM MEMBERSHIP POLICY
- DISPUTES POLICY
- REFERRAL COMMISSIONS
- CONTACTING CUSTOMER SUPPORT
1. BILLING AND PAYMENTS POLICY
1.1. Mandatory Use of Billing and Payment Service
As an Employer, you agree to use the Payment Service to make all payments to a Draftsman. You also agree not to take any action directly or indirectly to circumvent the Fee.
As a Draftsman, you agree to use the Payment Service to receive all payments from an Employer.
The Payment Service is intended for business use, so you agree to use the Payment Service primarily for business, and not primarily for personal, family, or household purposes.
1.2. Legal Nature of Payment Service
When you use the Payment Service, FastFigs acts as your agent based upon your direction and your requirements to perform tasks on your behalf. FastFigs holds your Account funds separate from its corporate operating accounts, and will not voluntarily make your funds available to its creditors in the event of a bankruptcy or for any other purpose.
FastFigs is not a Bank, and amounts transferred through or stored in the payments service are not insured deposits. You will not receive interest or other earnings on the funds in your Account. FastFigs may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking services or other compensation in respect of any balances in Accounts.
1.3. Circumvention of FastFigs Fees
- Placing low value or placeholder bids, with unreasonably high final service charges.
- Failing to report changed bid amounts or final service prices through FastFigs.
- Suggesting or soliciting Users to work outside the FastFigs system.
- Submitting bids or proposals for a Job posted on the FastFigs Site outside of the FastFigs system, or otherwise contracting to provide or receive services outside of the FastFigs system with Users who you have identified through the FastFigs system.
- Reporting on the FastFigs Marketplace a Job amount different than that agreed between Employer and Draftsman.
Violation of these guidelines may result in suspension or termination of your account. Members repeatedly violating these Terms and Conditions can also face a penalty fee ranging from $20-500.
1.4. No Responsibility for Draftsman Services or Employer Payments
FastFigs acts as a payment provider by creating, hosting, maintaining, and providing the Payment Service to you via the Internet. FastFigs does not have any control over the Draftsman Services. Work performed in the FastFigs network is performed for a fixed price that will be shown in advance of Employer agreeing to post Jobs to the Draftsmen. The FastFigs Site provides any Employer with visibility into the work performed by Draftsman. Employers are encouraged and agree to utilize these tools to effectively manage the resources that have been hired on their account.
FastFigs does not control either whether an Employer or Draftsman you are dealing with will actually complete the transaction. Nothing in the Payment Service will be deemed to constitute FastFigs your agent with respect to any Draftsman Services purchased and sold by Users through the Site, or expand or modify any warranty, liability or indemnity stated in these Terms and Conditions.
1.5. Disputes between Clients and Draftsman
Any disputes in connection with services provided by Draftsman or payments made by Employers remain between such Employers and Draftsman. By using the Payment Service, you agree to initiate a Dispute and follow the Dispute Resolution Process. You further acknowledge that FastFigs will charge a fixed fee to the initiator of the Dispute, as detailed in the Fee Schedule, and will not be a party to any such dispute. FastFigs will attempt to take the actions set forth in the Dispute Resolution Process, but FastFigs will not be obligated to take any other action or refrain from taking any other action towards resolving any such dispute. FastFigs may, at its sole discretion, withhold or delay payment or continue to hold amounts in User’s Accounts, or make payment or release funds in User’s Accounts, in the event of dispute between an Employer and a Draftsman.
1.6. Miscellaneous Payment Service Terms
1.6.1 Authorized Payments are Final
Your use of the Payment Service constitutes your agreement to pay for any amounts which you authorize us to charge against your Account. Such payments, once authorized, are final.
The Payment Service operates in US Dollars and FastFigs is not responsible for currency fluctuations that may occur.
1.6.3. Credit Card Verification
When depositing money at FastFigs, Users must complete a credit card verification process of charging a nominal amount, currently $1.00. Otherwise, FastFigs reserves the right not to accept the payment method.
1.6.4. Erroneous or Duplicate Transactions; Charge Backs
FastFigs reserves the right to seek reimbursement from you, and you will reimburse FastFigs, if FastFigs discovers erroneous or duplicate transactions, or FastFigs receives a charge back from any User's Credit Card Company, bank, or PayPal for any reason. You agree that FastFigs has the right to obtain such reimbursement by charging your Account, deducting amounts from future payments or withdrawals, or obtaining reimbursement from you by any other lawful means. Failure to pay for reimbursements of charge backs is cause for termination of your Account.
1.6.5. Withdrawal of Funds
To withdraw funds from your Account, you must request such funds using any of the withdrawal methods available on the Site. Also, your account balance has to be equal to or greater than $100. Any such requests shall be subject to the conditions and restrictions contained on the Site and in these Terms and Conditions. Notwithstanding any other provision of these Terms and Conditions, if FastFigs determines in its sole discretion that a Member has violated the conditions and restrictions of the Site or Terms and Conditions, FastFigs has the right to refuse to process the withdrawal.
1.6.6. Hold on Account Funds
FastFigs will make funds deposited in your Account generally available for you to use or withdraw. FastFigs reserves the right, at its sole discretion, to place a hold on funds for Employer payments to clear, or if FastFigs suspects monies may be subject to charge back or if fraud is suspected. FastFigs will release a hold as soon as practical.
FastFigs has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for the Site.
For each visitor to the Site, our web server automatically recognizes only the consumer's domain name, but not the e-mail address. FastFigs collects only the domain name, but not the e-mail address of visitors to our web site, aggregate information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used to improve the content of the Site, used to notify consumers about updates to the Site, and is not shared with other organizations for commercial purposes.
When you participate on the Site, we request certain information. FastFigs does not share any of your personally identifiable or transactional information with any person or entity.
If you supply FastFigs with your postal address on-line you will only receive the information for which you provided us your address. Persons who supply us with their telephone numbers on-line will only receive telephone contact from us with information regarding Jobs they are participating in on-line.
Personally Identifiable Information: When visiting FastFigs's or any Client's Web site and signing up for or using FastFigs services through any Service Page, you may choose to supply FastFigs with information that identifies you personally. For End-Users (Draftsmen and Employers), this information may include name and contact information, gender, birth date, occupation and industry, shipping and billing information, credit card numbers and other payment information, behavior patterns, purchase history, and other information.
From time to time, FastFigs may use customer information for new, innovative and unanticipated uses not previously disclosed or described in our privacy notice. If our information practices change at some time in the future we will post the policy changes to the Site to notify you of these changes and provide you with the ability to opt out of these new uses or changes. If you are concerned about how your information is used, you should not use the Site but check back at the Site periodically.
Customers may prevent their information from being used for purposes other than those for which it was originally collected by contacting us at admin @ fastfigs.com. Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them.
Aggregate Information--FastFigs collects non-identifying, general, generic and aggregate information to better design the Site and services, and shares the aggregate data with advertisers and other third parties. With respect to security: FastFigs uses industry-standard encryption technologies when transferring and receiving consumer and transaction data exchanged with the Site.
3. COPYRIGHT POLICY
If you believe your copyrights are being infringed by a user of the Site at the domain and sub-domains of www.FastFigs.com, please contact our team at admin @ fastfigs.com. When filing the complaint, identify the material that is claimed to be infringing the copyrights of others.
4. SITE USAGE
4.1. Posting Information and Content
You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting a request for Draftsman Services, providing a proposal for a posted Job, posting your profile and providing feedback). You agree to update such information whenever it changes. You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Employers, Draftsman, FastFigs or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Employers, Draftsman, FastFigs or any third party as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the FastFigs Site. FastFigs is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. FastFigs is not responsible for and does not monitor or censor content for accuracy or reliability. FastFigs reserves the right to remove or restrict access to any information, content or Job posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if FastFigs considers such information or content to be in violation of the FastFigs Terms and Conditions.
FastFigs encourages detailed and professional communication between Employers and Draftsman through the Site both before and after a project is awarded. Communication must be held using the FastFigs Instant Chat System. Communicating outside the Site will represent a violation of these Terms and Conditions.
4.2.1 Communication Policy
When communicating with an Employer or Draftsman at FastFigs, you agree NOT to do the following:
- Suggest or solicit another User to contact you directly in order to buy or sell services outside of FastFigs.
- Use a language other than English.
- Transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
4.3. EMPLOYERS - Posting Jobs
4.3.1. Job Guidelines
As an Employer, when posting Jobs and hiring Draftsman, you agree to the following guidelines:
- Post Jobs with clear scope, well-defined deliverables and required time frames. Do not hesitate to contact Customer Support for assistance with posting a Job.
- Answer clarifying questions from Draftsman and update the Job description.
- Accept a Job only when it has a clear description of the work, well-defined deliverables and milestones, precise time frames and payment terms.
- Evaluate multiple Draftsmen against criteria important to you, such as Draftsman's work experience, education, portfolio, certifications, references, feedback from prior Employers, location, communication style and cost.
- Ask the Draftsman for updates as deadlines approach.
- Once you have hired a Draftsman for your Job, log onto the Site to manage the Job and use the management tools available at the Site.
4.3.2. Prohibited Jobs
You agree NOT to do any of the following when you post a Job or transmit information on the Site:
- Post Jobs that are fake, posted without the intention to hire or complete the Job or posted only to receive pricing information.
- Post Jobs that are vague, making it hard for Draftsman to complete the job on time or satisfactorily.
- Post Jobs that request or require free services.
- Post Jobs where you disclose or request direct contact information.
- Post Jobs to advertise skills, products and websites.
- Post Jobs to sell something.
- Post Jobs that contain references to FastFigs competitor websites
- Post Jobs with the purpose of cloning FastFigs or any of its competitors.
- Post Jobs solely in capital letters as it can be seen as offensive by some Users.
- Post Jobs in a language other than English.
- Post Jobs for hacking activity or other illegal activities.
- Post any Job, proposal, deliverable or transmit any content that infringes a third party's intellectual property rights, license rights, the terms and conditions of use of such third party's Web site or copyrighted materials or such third party's rights of publicity or privacy.
- Post any Job, proposal, or deliverable or transmit any content related to or containing any adult or sexually explicit material.
- Post Jobs related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.
- Post any Job, submit any proposal that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work, for example, by passing off the skills, ideas or words of another as one's own; using another's production of content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.
4.5. DRAFTSMAN - Providing Services
4.5.1. Proposal Guidelines
As a Draftsman, you agree to follow these guidelines when you accept a Job from an Employer:
- Accept Jobs that you are a good fit for and you can complete within the Employer's requested time frame.
- Help the Employer clarify his or her needs and fully develop the Job scope and deliverables.
- Set expectations that you can meet or exceed.
- Specify payment terms that are appropriate and fair.
- As quickly as possible, ask any questions of the Employer that you need in order to complete the Job.
- Specify how revisions will be handled.
- Submit a new proposal as quickly as possible when needed to reflect any changes to price, delivery date or approach, prior to the end of the proposal period.
- Not disclose or request direct contact information.
- Not to post links.
- Not to write solely in capital letters as it can be seen as offensive by some Users.
- Not to write in a language other than English.
- Not submit unreasonably low proposal prices.
- Not submit deliverables that are made with the intent to commit fraud.
- Not submit boilerplate, placeholder or generic deliverables.
- Not offer your services in exchange for good feedback or for free.
4.5.2. Job Fulfillment Guidelines
You agree to the following Job fulfillment guidelines:
- Use the FastFigs Instant Chat System to record your understanding of the scope, deliverables, milestones, time frames, price, feedback, revisions, schedule changes, vacation, availability, delays, acceptance of deliverables and completion.
- Once you have been hired for a Job, log onto the Site to manage the Job and use the FastFigs Instant Chat System to maintain an electronic record of all written communication between you and the Employer.
- Inform the Employer if a committed deliverable will be missed, offering an explanation and proposing a revised date.
- Inform the Employer if you will be unavailable for more than one business day.
- If you are unable to complete the Job, alert both the Employer and the Customer Support team so that FastFigs is aware of the situation and can offer proper assistance.
- Respond promptly to the Employer.
4.6. EMPLOYERS AND DRAFTSMAN - Profiles
As an Employer or a Draftsman, you agree NOT to do any of the following when you edit your FastFigs online Profile:
- Disclose and/or request contact information.
- Post links.
- Refer to competitor websites.
- Advertise a product or website.
- Use a language other than English.
- Transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
4.7. General Prohibited Site Activities
You agree NOT to do any of the following on the Site:
- Post false or misleading information about a product, service or service request.
- Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
- Post or transmit unprofessional or offensive comments about a User, Member, Draftsman, Employer, FastFigs or any third party.
- Suggest or solicit another User to contact you directly in order to buy or sell services outside of FastFigs.
- Suggest or solicit another User to buy or sell services via a FastFigs competitor website.
- Post or introduce software on the Site that: (i) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other software, firmware, hardware, computer system or network (sometimes referred to as "viruses" or "worms"); (ii) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time bombs," "time locks" or "drop dead" devices); (iii) would permit you or any other person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as "traps," "access codes," or "trap door" devices, or "spyware"); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.
- Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
- Tamper with postings of other Users, Members or FastFigs.
- Solicit or gather any User's or Member's information available from the Site for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.
- Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site.
- Use robots, spiders, scrapers or other automated means to access information in our Site for any purpose without express written permission from FastFigs.
- Frame or link to the Site except as permitted in writing by FastFigs.
- Impersonate or misrepresent your affiliation with any person or entity.
- Repeat any action after you receive warning or request to desist from FastFigs, whether or not that action is explicitly prohibited in the policies stated on the Site.
- Fail to respond to an email from FastFigs regarding violation, dispute or complaint within the required time frame.
- Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site.
- Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).
- Copy, modify or distribute content from the Site, except for your own information and use, without the prior express written permission from FastFigs.
- Select a Client or hire a Draftsman on the basis of religion, sex or race.
- Violate a request by FastFigs to not post Jobs deemed by FastFigs in its sole discretion to be contrary to the interests of the Site or the FastFigs User community.
4.8. Rating and Feedback System
Always leave objective balanced feedback about the Users with whom you have transacted. You acknowledge and agree that the Site contains public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that FastFigs may calculate a composite feedback number based on these individual ratings. Draftsman agree to be rated by Employers along several criteria, as determined by FastFigs. FastFigs provides its feedback and rating system as a means through which Users can express their opinions publicly, and FastFigs does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to FastFigs's attention. You may be held legally responsible for damages suffered by other FastFigs Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. FastFigs is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable, and even if FastFigs has been made aware of the possibility of such defamatory or otherwise legally actionable posts or information.
You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
- Leaving feedback for you using a secondary username or another Member's username.
- Leaving fake or inaccurate feedack for another User or Member.
- Soliciting other FastFigs Members to leave fake or inaccurate feedback.
- Threatening to leave negative feedback to induce another User or Member to perform a task not required by the Terms.
- Withholding deliverables or funds required by the Terms to induce another User or Member to leave positive feedback or no feedback.
- Feedback solicitation such as offering to sell or buy services in exchange for good feedback, trading feedback undeservedly or buying feedback.
- In order to protect the integrity of the feedback system and protect Users from abuse, FastFigs will investigate and has the right (but is under no obligation) to remove posted feedback or information under the following scenarios:
- It seeks to elicit or solicit any User's contact information, such as other Users' email addresses, for any non-FastFigs related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters."
- It contains language that is profane, vulgar and racist or contains adult material.
- It is shown to have been left by any User who is in violation of FastFigs's Eligibility requirements, or by or for a User who has conducted any fraudulent transaction.
- It makes any reference to actions taken or purported to be taken by FastFigs or any law enforcement organization.
- The User who posted the feedback or information is participating in a FastFigs transaction with the intent of leaving feedback as part of a campaign to harass FastFigs member(s) (as verified by FastFigs).
- The User who posted the feedback or information informs FastFigs that it was intended for another User and posts the feedback or information for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact Customer Support to file a feedback review request.
- The related Job has been cancelled at FastFigs Dispute Center.
5. MISC. MEMBERSHIP POLICY
FastFigs reserves the right to change membership fees and its advantages, at any time and without notice. FastFigs reserves the right to establish different membership levels with different membership fees and benefits.
5.1. Automatic Membership Renewal
FastFigs automatically renews your membership as a Draftsman and deducts the appropriate membership fee from your user Account at or near your one-year anniversary of membership, and for each annual anniversary thereafter, until your Account is closed.
6. DISPUTES POLICY
6.1. Dispute Resolution Process
In the event of any dispute between an Employer and a Draftsman regarding a Job awarded within the Site, either the Employer or the Draftsman may request Dispute Resolution Services through the FastFigs Site and the Job Management page. We will then notify both the Employer and the Draftsman that the matter will be addressed through the Dispute Center.
Once a dispute arrives at the Dispute Center, both parties are given 14 days to come to a mutual agreement. Percentages of work are requested and evidences can be uploaded throughout the whole process.
Whenever a new percentage is provided and evidences are uploaded by a Party, the responding Party is instantly notified and has 5 days to reply with a percentage and more evidences. If a Party fails to react within 5 days or if both Parties involved do not come to a mutual agreement within 14 days, the dispute is immediately forwarded to the FastFigs team, which will then be responsible for resolving the dispute within the next 20 days.
You agree and acknowledge that (a) FastFigs is not providing legal services, (b) FastFigs will not advise you regarding any legal matters and (c) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on FastFigs for any such counsel. You agree to indemnify and hold harmless FastFigs and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Center.
If you initiate an excessive number of Disputes, FastFigs reserves the right to request clarifications, deny the dispute resolution request, and ultimately, suspend or terminate your Account immediately upon giving notice to you.
8. CONTACTING CUSTOMER SUPPORT
If you wish to report a violation of Site Policies, have any questions or need assistance, please contact FastFigs Customer Support at support @ fastfigs.com.