Terms of Service

Terms of Use for ConsultantsIMPORTANT

 

We are: The web site at www.consultingcrowd.com as

owned and operated by Dalbar Limited, a UK registered company.

Our address is: 12 Spring Gardens, Theale RG7 5AA United Kingdom

Our e-mail address is: contact@consultingcrowd.com

Definitions:

"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Web Site www.consultingcrowd.com.

"The Site" means our website www.consultingcrowd.com, and includes all web pages controlled by us.

"Consultant" means any person who uses the Services on the Web Site for all purposes including display and sale of his professional abilities for a price or without that as the case may be.

"We", "us", etc means us – www.consultingcrowd.com where the context permits it also includes any business company or individual who shares an interest in the sale of service(s) promoted on the Website. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner.

"You" "yours" etc, means you, the independent freelance consultant – a party to this agreement.

The following describes the terms for the use of the ConsultingCrowd.com website (the "Site"). Your use of the Site forms a legally binding contract with Dalbar Ltd. - as the owner and operator of the ConsultingCrowd website - ("ConsultingCrowd") based on these Terms of Use. If you are a public or private organization or a government entity, your use of the Site forms a legally binding contract with ConsultingCrowd Ltd. based on the terms and conditions in these Terms of Use as well as the Services Agreement and any applicable Services Schedule. PLEASE READ THE FOLLOWING CAREFULLY. If you do not accept the Terms of Use as stated here, do not use ConsultingCrowd.com and its services. ConsultingCrowd may revise these Terms of Use at any time by posting an updated version to this Web page.

1. The Concept.

ConsultingCrowd.com provides a collaborative consulting service ("Service(s)") whereby organizations ("Organizations") with projects, requests for answers to public questions, requests for a focus group, recommendations on problem resolution, or other requests for services to be delivered on the principles known as collective intelligence, crowd sourcing, wisdom of the masses, or any other commonly used term, using our community, may submit such. By using this Site, you acknowledge that ConsultingCrowd does not control in any manner the nature, quality, legality or timing of projects submitted to ConsultingCrowd other than what is agreed in the Services Agreement and applicable Services Schedule. You agree that ConsultingCrowd is a neutral forum for ConsultingCrowd Projects and Proposed Solutions and/or Recommendations.

2. Projects.

The Projects submitted and not completed are fully viewable publicly to anyone entering the site. A short or long synopsis of all completed projects will be posted on the site, fully available to any person entering the site. Organizations can choose to also post the full report as provided by ConsultingCrowd under the Services Agreement.

3. Community Registration.

To be eligible to offer advice, opinions, expertise for ConsultingCrowd Projects (as further described below) and access information in the Virtual Project Board Rooms, you must register as a Community Member. You may cancel your registration at any time by contacting contact@ConsultingCrowd.com. As part of the registration process, you will be asked to select a password and a login name. You may not disclose or share your password to any third parties or use your password for any unauthorized purposes. You agree to notify ConsultingCrowd at contact@ConsultingCrowd.com of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or login information. Remember, you are responsible for maintaining the confidentiality of your password(s).

4. Eligibility

The Site is not intended for use by minors (those under 18 years of age, or otherwise under applicable law). If you do not qualify, please do not use the Site

5. Others' Information.

ConsultingCrowd does not guarantee the accuracy of the Site or ownership of any information in a ConsultingCrowd project. While ConsultingCrowd believes such information to be posted in good faith, ConsultingCrowd does not control the information provided by others that is made available through the Site. Other user's information may be inaccurate. You agree to look solely to the Community Member for any claims you may have regarding their information. If you have a dispute with another user of the Services, you hereby release ConsultingCrowd from all claims of any kind arising out of such dispute. You will notify ConsultingCrowd at contact@ConsultingCrowd.com if you think any material inappropriate and it will be ConsultingCrowd’s full discretion to keep or delete such material.

6. Your Information.

You may have the opportunity to communicate with other users. Any information you provide to ConsultingCrowd or other users during your registration or use of the Services, in any public message area, through any mail feature, or otherwise generated out of your use of the Services, is subject to the following:

a. Your Content. You are solely responsible for the content of your information, postings, or Proposed Solutions. ConsultingCrowd acts merely as a conduit for the distribution and/or publication of that information. ConsultingCrowd reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion if ConsultingCrowd believes information is inappropriate for the Site or the Services, may create liability for ConsultingCrowd, or may cause ConsultingCrowd to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers. You agree that your information will be accurate and will not, to the best of your knowledge: (a) infringe any third party's copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or (c) be libelous, unlawfully threatening, or unlawfully harassing.

ConsultingCrowd will not, at all times, control all of the content posted via the Site and, as such, does not guarantee the accuracy, integrity, or quality of such content, nor does ConsultingCrowd take any responsibility for the content. You acknowledge that ConsultingCrowd has the right but no obligation to prescreen postings and to remove any content that violates this Agreement or is deemed by ConsultingCrowd, in its sole discretion, to be otherwise objectionable. Please notify ConsultingCrowd of inappropriate or illegal content.

As a member, you may post messages, comments, resources, images, information and other content ("Submissions"). You (or the author) own the copyright in the content you post, but by posting such content you grant ConsultingCrowd and our affiliates a nonexclusive, worldwide, royalty free, perpetual, non-revocable license to use, copy, display, perform, distribute, translate, edit, reproduce, transmit, and create derivative works of your Submissions, subject to the terms of the Privacy Policy. You understand that ConsultingCrowd, in performing the required technical steps to provide the Service to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You agree that this license shall permit ConsultingCrowd to take these actions.

You agree not to disclose any personally identifiable information about other members that you learn using this Site without the express consent of such member. You may disclose general, non-identifying information to third parties subject to the above restriction on non-commercial use.

b. Privacy. ConsultingCrowd will only use your information in accordance with its Privacy Policy as posted on the Site http://www.ConsultingCrowd.com/privacy.php

7. Code of Conduct and Lawful Use of the Site

You understand that you are entirely responsible for all information or other content that you upload, post, email, or otherwise transmit on the Site, whether publicly posted or privately transmitted. You agree not to post or upload anything to the Site that is inaccurate, false or misleading; is obscene, abusive or indecent; or that infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of any party. You also agree to not impersonate another person; to not harass, threaten or stalk another participant, including the use of expressions of bigotry, racism, hatred, or profanity; and to not use the Site to conduct any illegal activity or any activity that violates the rights of others, provides instructional information about illegal activities, or promotes harm to anyone.

You agree to not: 1) use any robot, spider, scraper, or other automated means to access the Site or content provided on the Site for any purposes; 2) post content on the Site that contains viruses, Trojan horses, worms, time bombs, spiders, or other programs intended to damage, interfere with, intercept or expropriate any system, data or personal information; 3) attempt to damage, disable, overburden, or impair the Site; 4) use or collect contact information about ConsultingCrowd members to facilitate the sending of unsolicited bulk communications such as SPAM; 5) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You understand that using the Site for an illegal purpose or to transmit content that is unlawful, harassing, libelous, and invasive of another's privacy, harmful, vulgar, obscene, or otherwise objectionable, may result in removal of content and/or termination of your service. You agree not to use any device, software or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action (including without limitation, spamming) that imposes an unreasonable load on our infrastructure. You agree not to take any actions which may undermine the integrity of our system or the Services, such as: leaving feedback or ratings for yourself; using the Site in violation of local, state, national or international law; uploading of files or content that contain material that violates the intellectual property rights of any third party. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Services and the transfer of the technologies or information with which you are involved, including without limitation, import/export requirements, and ConsultingCrowd expressly disclaims any liability or responsibility thereto

8. Payments to You:

We will remit your earnings to your designated bank account subject to deduction of transfer charges as may be applicable. ConsultingCrowd will bear the transfer charges only if you choose to be paid through Paypal.

9. Our payment

You may be entitled to receive a fee for your services in respect of exposing and selling your professional abilities and for your use of our platforms as such; each fee amount will be posted on each project board, and might be equally split and allocated between all contributors for each project. There are two types of projects, one type will pay fees, the other labeled as Free or Open, will not pay fees. Fees payable will be paid within five (5) working days after the project close date, and we require receipt of invoice for your services before payment is made. We have invoice templates you can use if needed.

 

10. Contributions to Charity:

ConsultingCrowd donates part of its revenue to charity. Each Community Member when contributing at least one comment to a project can choose one charity of the selected charities for that project. At the end of each project, ConsultingCrowd will pay each charity in proportion to the amount of Community Member choices.

11. Ownership and Limited License.

ConsultingCrowd shall retain all ownership in the Site and all content generated by it that is displayed on the Site. ConsultingCrowd grants you a nonexclusive, revocable right to use the Site provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form except that you have the right to modify your self-generated content on the Site. You agree that ConsultingCrowd shall not be liable to you for any modification or discontinuance of the Site and ConsultingCrowd may discontinue the Site and the Service without any notice to you.

12. No Warranties.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS". CONSULTINGCROWD MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES.

13. Limitation of Liability and Disclaimer.

ConsultingCrowd has no control over, and is not responsible for the acts or omissions of Organizations, or the quality or legality of the Proposed Solutions sought thereby.

CONSULTINGCROWD SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL CONSULTINGCROWD BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES IN EXCESS OF £200 REGARDLESS OF THE CAUSE. You agree that you will be responsible for, and at ConsultingCrowd's request defend ConsultingCrowd from, third party claims arising out of information you provide to ConsultingCrowd for publication or any breach by you of this agreement.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.

14. Your warranty on your services.

On your acceptance to any project, you agree to provide a professional, meaningful, relevant, and satisfactory contribution. If these are not met within our standards, we have the full and sole right to withhold any fees or payment that otherwise might be due.

15. Other Contracts, Confidentiality, and Indemnification.

You agree that you will not disclose to ConsultingCrowd or its affiliates, or to any Organization, any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to sell or license. You agree that you will not discuss any confidential information of your own, other parties, or the Organization related to any ConsultingCrowd projects, unless you are specifically working within the confines of a Virtual Project Board Room through the Site. Should your participation in the Service be found to breach legal obligations you may have with other third parties or in the event of a breach of the confidentiality obligations in this Section 14, you agree to defend, indemnify and hold harmless ConsultingCrowd and Organizaton, its and their respective officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with such unauthorized and prohibited disclosure.

16. Third-Party Web Site Links.

The Site may contain links to Web sites operated by parties other than ConsultingCrowd. Such links are provided for reference only and ConsultingCrowd does not control such Web sites and is not responsible for their contents. ConsultingCrowd's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

17. No Third Party Reliance.

You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of ConsultingCrowd. This agreement shall have no third party beneficiaries, other than certain Seekers in accordance with the terms of the applicable Solver Agreement or Challenge-Specific Agreement.

18. Miscellaneous covenants:

Jurisdiction

This Agreement shall be interpreted in accordance with the laws of the United Kingdom (excluding any rules governing choice of laws) and any legal proceeding arising out of this Agreement will occur in Reading, United Kingdom.

Successors and assigns

This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law.

Entire Agreement

This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between ConsultingCrowd and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by ConsultingCrowd with respect to the subject matter except as set forth herein.

Language

The governing language of these Terms of Use, each Service Agreement, and the Privacy Policy is English.

Relationship of parties

Nothing in this agreement shall create a partnership, joint venture or agency or the relationship of employer and employee between us.

Liability for payment of Income Tax:

The compensation that you receive may be subject to income tax provisions of the appropriate law in force from time to time in the country of your residence;

You will be solely responsible for payment of income tax payable by you on your earnings from www.consultingcrowd.com;

In case of any fine or levy by any authority in respect of your liability to pay income tax on your income from www.consultingcrowd.com, you undertake to make the payment of the same and indemnify us against the same.

Dispute Resolution

In the event of a dispute arising out of or in connection with these terms of use you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

: DO NOT USE THIS ONLINE SERVICE UNTIL YOU HAVE READ AND AGREED TO THESE TERMS OF USE. BY CLICKING ON THE ACCEPTANCE YOU AGREE TO BE BOUND BY THEM.