Terms of Service Last update 9 months ago

Please read the Terms of Service carefully before you start using our Site. To use our Site, click on the link to register and open an account as a User. Once you make it, you need to accept all agreements and abide by the Terms of Service, the Privacy Policy, and Topbuild Payment Terms on the Site.

Important Notice: This Users Agreement obtains a legally binding agreement and obligation between Users (“you” or “users”) and Topbuild (“Topbuild” “we” or “us”). Users must read and understand our Privacy Policy and the Terms of Service before using the Site. You can choose not to use our Site if you do not agree with our Terms of Service and Privacy Policy. If you decide to use our Sites, you must be responsible for your work and do not break any rules of the Terms of Service and Privacy Policy. Topbuild is not responsible for any of your unlawful activities.

You may contact us with any concerns at topbuild.space@gmail.com.

Users Agreement

1. Users Account

To use our Services on the Site, you must register for an account and accept the agreement terms. You must fulfill your duties and complete a User profile. You must provide accurate personal information, and you can update your personal information if it is necessary. Once you complete it, we will review your profile, and we will approve your account if it is correct. However, if the information you give us is false or incomplete, we have the right to decide whether to suspend or close your account.

We do not acknowledge any account and personal information from users who are younger than 18. For the younger user, their account and personal information must be handled or under control by their parents. By registering for an Account on the Site, it defines that you are responsible for: (i) being self-employed independently, (ii) business purpose(buying the products or services) (iii) complying with licensing and other requirements with your offering business or your work as Freelancers.

Here we offer two types of accounts (“Account Types”): Freelancer(or seller), and Client. Once you register your account you can decide which type of account you want to use. We have special functions on the Site that you can switch between a Client account and a Freelancer account. For instance, You use a Client account on the Site, and later on you decide to be a freelancer. To make this possible, you just need to click on a switch account.

Topbuild is not responsible for any of the User's activities. You are responsible for all activities on your account. For instance, you give permission to others (Team Work or Agency Members)to use your account on your behalf. This means you represent that: (i) You give permission to others to act as a User on your behalf, and (ii) you are fully responsible for the User activities, including receiving and making payment, and engaging in the Terms of Service and Service Contracts. Please notice that it may affect your reputation if any of your Users violate the Terms of Service. We may close down your account if any of this happens.

1.1 Users Identity Verification:

You give us permission to access your personal data, including your location, identity, email address, financial account, and other requirements subject to applicable law. This will be used to verify your real identity for the official government or any related legal documents, especially to verify your ability to act on the Site. You must timely provide us with complete information about yourself and your business, this will include: legal documents, official government, and cooperation requirements. Please notice that we do not share your sensitive information to other third parties without your consent. After verification, you promise to keep your password and username confidentially, and will not share them with others. You promise not to use anyone's account or username and password without their permission. If you suspect anyone uses your account or password without your consent, please notify us immediately.

1.2 Users Rights

Freelancer: How to work on the Site?

After becoming officially a Freelancer on the Site, you can start to post your previous work on the Site. This will help clients understand your work style and understand your ability to work. To get an order from Clients, you first need to post projects or gigs and the description of the service and timeline that you will provide to your Clients. You can set up your own price, price can be fixed or flexible based on your decision, Topbuild recommends Freelancers to set the price based on the market price, to prevent bad influence in the marketplace. To make your order properly, in the description, you need to mention how many times your client can ask you to adjust the projects or gigs. However, you are responsible for making the projects or gigs exactly the same as clients ask for in the first place. In the conversation between you and a Client through our Site, you can negotiate with each other about any requirement. You agree to be responsible for your work and promise not to drop the projects or gigs halfway. If any of these issues arise, you might face the consequence of losing your reputation, getting your account closed down, and might face lawsuits.

Clients: How do you use the Site?

After registering your account on the Site. You can explore various Freelancers in different services on the Sites. Choose any Freelancer you like to let them do work for you. Check the Freelancers background, previous works, and Freelancers verification identity from the Site. Before buying products or services from Freelancers(or sellers), you need to communicate with them first. Negotiations for price, timeline, or any requirements through the Site. After that, you just need to checkout for the services you brought. Don’t worry about getting scammed, Topbuild is the one that handles your money for Freelancers. Clients agree to respect Freelancers' work, for instance, not changing the project from the original request halfway. If it does happen, Topbuild has the right to suspend or close down your account unless your Freelancers agree to do so.

1.3 Users Payment

Freelancers Payroll: Freelancers will receive the money in 2 steps: (i) after finishing the project or gig halfway, and (ii) after 100% finished the project or gig. To get the payout, both Freelancer and Client must confirm that the project or gig has finished in the first and last steps.

Clients: After you make a full payment, you have to wait for the project or gig finished based on the timeline you agree with your Freelancer. Topbuild will verify whether you have received the project or gigs. Then Topbuild will transfer the money to your Freelancer based on the Freelancer Payroll Steps.

1.4 Deliver Projects or Gigs

Freelancers and Clients can discuss with each other whether to deliver physically or online. Most of the projects or gigs are sent through online. Topbuild recommends sending products physically only for tangible materials.

1.5 Intellectual Property Claims

Topbuild will track down and remove any alleged copyright or trademark infringement or violation of a third party’s Term of Service.

Freelancers: You agree to put your own watermark on your work or your previous project. This will help you from losing your intellectual property rights. Topbuild is not involved or responsible for your intellectual property rights.

Clients: You agree to respect Freelancer's Work. You agree that you bought Freelancers Services but have no right to claim other intellectual property without their consent.

1.6 Refundable

Topbuild may refund the money back to the Clients on one condition, only if your Freelancers didn’t send any of the process of the projects or gigs to you at all. However, after making the payment, Clients can not chargeback from their credit card companies and banks of any unreasonable conditions. Clients agree and acknowledge the Terms of Service that have provided a dispute resolution for any issue that arises. If Clients violate any of this Agreement, Clients agree that Topbuild may appeal the chargeback and take any appropriate action against Clients including, suspend or close down Clients account.

1.7 Review and Feedback

Clients and Freelancers can share each other's opinions on the Community or in the Freelancer's post. Clients can rate their Freelancers after using Freelancers Services. Feedback is an essential part of the Topbuild rating system to follow up Freelancer's Work. Therefore, Topbuild has the right to remove any useless or false review that might violate our Terms of Service and our Community Standards.

2. Contractual Between Client and Freelancer

Client and Freelancer may decide to enter the contract together, the contract may indicate about selling or buying the Freelancer Services. Both agree to abide by the contract under the applicable law. If any of the parties breaches the contract, they may face the consequences applying to the agreement of the contract and may face the consequences based on the applicable law. Topbuild is not responsible for any of your activities. Users have to be responsible for their own actions.

Regarding the contract paper, both the Client and Freelancer may use one of our samples or should seek legal advice from a licensed attorney. Users may seek Topbuild for legal paper services, we may charge fees based on the scope of your work.

2.1 Disputes and Cancellation

We encourage our Clients and Freelancers to try their best to resolve their conflicts with each other. Users agree to abide by the dispute resolution process under the applicable law. For any reason that you both fail to resolve the conflict, you can contact us at topbuild.space@gmail.com.

Order cancel: Your order can be canceled or not are based on a few conditions: (i) Your Freelancer not yet accepting your work, (ii) Your Freelancer not yet started doing your work, (iii) Your Freelancer is not responding to you for a long period of time, (iv) Your Freelancer drop the project or gig in halfway, you can request for the half payment back or let us assist you with new Freelancer that capable to complete your project or gig, (v) We have the right to cancel the order if we suspect any illegal transactions through the order, (vi) Order can not be canceled based on the quality of service you had received. You may rate your experience with Freelancers on the Site.

3. Funds Secure and Safety

We do not guarantee any payment outside the Site Services. Users must be responsible for their own safety and funds if they do so. Please notice that if any issue arises with your payment outside the Site, we will not be able to assist you.

Whenever you place an order with a Freelancer, make sure you use Topbuild. According to our Terms of Service, "Users may not offer or accept payments using any method other than placing an order through Topbuild.space.com", contacting Clients or Freelancers and paying or receiving payment for services outside of Topbuild is Prohibited. This policy seeks to ensure that your money and information are secure during all of your transactions on Topbuild’s advanced platform.

Keep in mind that requesting Direct Payments makes it simple for con artists to steal your money or Personal Information. You have the option to withdraw your earnings as a Freelancer on Topbuild whenever it's convenient for you. It is strongly advised that you safeguard your withdrawal account information when you add a withdrawal method to your Topbuild account, whether it be PayPal or another bank account. Keep in mind that your profits belong to you, and you don't want to give fraudsters access to your money. Always keep your login information safe.

4. Topbuild Fees

Users agree to pay Topbuild fees in exchange for Topbuild providing the Services and agree that Topbuild may necessarily collect some taxes for certain purposes.

Service Fees: Freelancers agree to pay Topbuild fees for the services that the Site has provided, this will include: (i) Data analysis of the work, (ii) Reporting (iii) Marketing, (iv) Invoice Payment, (v) Resolution Disputes, (vi) Legal Paper, (vii) Recommended to Clients when Clients need Topbuild suggestions, (viii) Security Payment, (ix) Prevent Users from getting fraud. Freelancers agree to be responsible for all the fees to Topbuild. Topbuild will charge the Services fee of 15% per project or gig from Freelancers. And we charge 5% to 7% per product from Sellers in Store Catalog.

Clients: Topbuild will charge the service that Clients bought from Freelancers, and we are responsible for keeping the money for Freelancers until they do their work for Clients.

4.1 VAT and Other Taxes

Topbuild collects certain taxes and VAT (refers to GST in specific locations or local sales taxes) from Users that are required by the applicable law from the government. The cost of VAT and other certain taxes may change based on the law of your location. Users agree to pay VAT and certain taxes that may be required from Topbuild for government purposes. Therefore, Topbuild has the right to collect the fee from Users, abiding by the applicable law and the Terms of Service.

4.2 Taxes and Benefits

Users are agreed to be responsible for paying their VAT and taxes for their own purchasing or selling that is implemented under the applicable law and the Terms of Service Obligations.

Freelancers: By acknowledging this, it defines that you are responsible for: (i) all liability related to payment that you received from Client, Topbuild is not responsible for any of your responsibility for paying taxes, (ii) you are not responsible for any of Topbuild insurance fee, (iii) abiding the obligation under the applicable law and regulations which including with doing invoices or reporting, collecting data and transactions charge for taxes under the applicable law, (iv) cooperate with Topbuild during audit event of Topbuild, you agree to provide copies of your tax return and other documents that we may request for future purpose or doing audit under the applicable law by the government, (v) paying Penalties and Interest under the applicable law, Terms of Service, and Privacy Policy. Topbuild will notify Freelancer about withholding their paid amount for appropriate authorities.

5. Agreement Terms and Termination

This section will discuss how either Freelancers, and Topbuild terminate the Agreement and what will happen after ending the Agreement.

5.1 Termination

In the event that you terminate the Agreement, Topbuild has the right to close down your account and your right to use our Services. You agree that Topbuild is not a party involved between Users Service Contract. In addition, you acknowledge that your termination or attempt to terminate this Agreement will not impact any of the Service Contract and projects or gigs between Users. If you attempt to terminate this Agreement, you must inform us beforehand. You agree that you can not terminate the Agreement in certain conditions: (i) While you are still processing the project or gig for Client, you can terminate this Agreement or contract unless your Client ask you to adjust the project or gig out of the requirement, (ii) You agree to continue abiding the Obligation of the Agreement and Terms of Service until you complete project or gig for Client, then we can close​ down your Agreement, (iii) Topbuild has the right to continue accessing the Services that necessary to complete for any open transaction between Users, (iv) Clients agree to complete any payment amounts that still unpaid following by the date of termination or closure of any open Services Contract, which owned to Topbuild for any Services under the Terms of Service and to any Freelancers for their Freelancer Services.

You agree to let Topbuild suspend your account or limit your access to our Services, if we find out that: (i) you provide any false information to us, (ii) you breach any contract or any Terms of Service and conditions of the Agreement, (iii) you involve in any of unlawful or illegal activities, (iv) if we are required by the law enforcement or any legal process. To open your old account or register again you may request consent from us. We keep our right to reclaim available funds from your new account if any amount is indebted by your old account under the applicable law.

5.2 Data on Close Account

We reserve our right to obtain some of your Account Information if it is required by law or the Privacy Policy. Normally, when your account is closed, you no longer have the right to access the information that has been kept on the Site. Topbuild may delete your data storage including your content on the Site unless it is required by law.

5.3 Survival

After Users terminate this Agreement, the provisions of this Agreement and Terms of Service which by their nature are contemplating to survive the cancellation, completion, termination, or expiration of this Agreement shall continue as valid and in full force effectively. For instance, the provisions that relate to confidential information, indemnity, intellectual property, arbitration, audit, reimbursement, fees, non-circumvention, and limitation of liability. You understand and acknowledge this termination Agreement and Terms of Service will not release you for any reason regarding obligation before terminating the agreement and any negligence before such termination.

6. Records of Compliance

You agree to keep all your required records. All the data recorded may be stored on the Site system, but Users are solely responsible for their own content, creation, data storage, and information. Topbuild may store your information data only if it is required by the government under the applicable law.

7. Warranty Disclaimer

Topbuild is not responsible for any of the User activities on our Services which include: (i) Projects or gigs quality, (ii) Safety, and (iii) Trustworthy. Following the applicable law, we and our affiliates may disclaim any statutory warranty which includes the implied warranty of non-infringement, merchantability, content title, accurate data and other certain purposes.

8. Limitation of Liability

Users agree to be responsible and liable for their own activities.

Topbuild is not responsible for User actions, we are not liable for any impact which includes damage or loss of track of the Terms of Service. You agree to not hold us responsible for any losses arising in or out of connection with the Terms of Service, including, but not limited to: (i) any delay or disruption in our Site Services, (ii) malicious software or viruses that link to the Site Services, (iii) any error, bugs, or glitches in our Site Services, (iv) any hardware damage by the use on the Site Services, (v) your ability or inability to use our Site Services, (vi) any action or inaction of Third parties’ use of the Site Services, (vii) suspension any action taken down with respect to your Account, (viii) rely on the quality control, reliability, accuracy of content, ratings, feedback, profile, and recommendations, collection of information that made available through the Site, (ix) your need to modify any things and any related to your business as a result of changes to the Terms of Service.

9. Release

You agree to not hold us for any of your responsibilities for any dispute that may arise with another User.

You acknowledge that Topbuild is not a party that involved in the Users Contract, hereby you agree to release Topbuild, our affiliates, employees, directors, agents, subsidiaries, joint ventures and services providers from any known or unknown dispute between Users, claim demands, and damages of any kind begin with the time you enter into this Agreement. This release also includes any dispute related to quality performance, function, and delay timeline of the Freelancer Services provided to Clients by a Freelancer and requests for refunds based on the dispute. For any suggestion regarding this issue, you may contact us at topbuild.space@gmail.com.

10. Indemnification

You agree to recover our Service losses for any activities you may get us sued by other Users.

You will indemnify Topbuild, all of our affiliates, directors, agents, employees, and our representatives for all Indemnified Claims and Indemnified Liabilities regarding: (i) any default or payment obligations, (ii) User's content or product on the Site, (iii) Freelancers contractor claim, (iv) you fail to comply with applicable law and our Terms of Service, (v) your misconduct, violation of any activities or negligence.

Indemnified Claim: means all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.

Indemnified Liability: means all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.

11. General

This section contains the full Agreement between Users and Topbuild on the Terms of Service. This Agreement, along with other Terms of Services, is the only and exclusive agreement between you and us with respect to the Services, supersedes all earlier agreements with respect to such services, and governs all actions taken by us after the effective date of this Agreement.

11.1 Modification and Waiver

We may modify some of the Terms of Service or Privacy Policy at any certain time, we will inform you beforehand of any substantial changes on Site by posting a revised version. In addition, for any Substantial Change related to the increase or decrease of the Service Fees from us, we may notify our Users through the Site or email at least 30 days in advance. All revisions of the Terms of Service will take effect on the noted effective date. Without a formal agreement signed by a fully legal authorized representative of Topbuild or a posting by Topbuild on the Site, neither a change nor an addition to the Terms of Service shall be enforceable against Topbuild. A written document as defined by this Section 11.1 will not include an email.

Even if we fail to comply with breaches by Users, we still waive our right to deal with those similar breaches. We can not guarantee that we will respond to every violation of this Users Agreement with legal action.

11.2 Force Majeure

We both will be temporarily released from carrying out our obligations under this Agreement in the event of certain events beyond your or our control.

The parties to this Agreement agree that they will not be held liable for any delay or failure to perform any obligation under this Agreement for a reasonable amount of time caused by labor unrest, accidents, fires, floods, pandemics, telecommunications or Internet failures, strikes, wars, riots, rebellions, terrorism, blockades, acts of government, governmental requirements and regulations, or restrictions imposed by law, or any other similar event beyond the parties' reasonable control.

11.3 Languages and Location

In the event of any problem related to translated versions, if any, the English version of the Terms of Service shall rule in all aspects and shall take precedence. We control and operate our Site from our facilities in Cambodia.

11.4 Permission to Use Electronic Documents

You might need to receive certain messages, notifications, agreements, statements, or disclosures regarding our Services in writing from Topbuild and its Affiliates. You agree that Topbuild and its Affiliates may deliver these records electronically rather than on paper.

12. Key Terms

Client: means any Users who seek Freelancers Services on the Site.

Confidential Information: means any information disclosed by either party to the other party, either directly or indirectly, in writing, on electronic devices, orally, or by inspection of tangible and intangible objects (including, without limitation, documents, prototypes, samples, and materials), which is designated as "Confidential," "Proprietary".

Direct Contract: means a contract that is entered by Users and Topbuild for any business purpose.

Freelancer: means any authorized User that wants to provide their Service to a client by using the Site.

Freelancer Fees: means (i) fees that Topbuild Service charges 15% per project or gig; (ii) fees that are paid by their client at any certain price.

Freelancer Services: means all services performed for Client, will be delivered by Freelancers.

Intellectual Property Rights: means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may be recognized under the laws of any state, country, territory, or other jurisdiction at any time. It also includes all applications for, registrations of, renewals of, and extensions of, the rights listed above.

Payment Method: means a legitimate credit card with a PIN that has been issued by a bank that Topbuild accepts, a bank account that is linked to your Account, PayPal, a debit card, or any other form of payment that Topbuild may accept at any time, at our sole discretion.

Project: refers to a contract on the site that a Freelancer enters into with a Client for the provision of freelance services.

Gigs: means a job that lasts a specified period of time.

Provision: means a stipulation within a legal document or in a specific law. This can also be known as a clause, contract clause, or contract provision.

Service Contract: means appropriate agreements between a Client and a Freelancer defining the Freelancer Service, a Freelancer will provide for a Client as part of a Project.

Substantial Changes: means a modification to the Terms of Service that greatly decreases your rights or significantly raises your obligations.

Termination: means legally ending the agreement before all parties have completed the terms and obligations of the contract.

User Content: refers to any feedback, comments, data, content, text, pictures, or other information that you or another user of the site submit to the site or give to Topbuild.

User Contract: means Agreement entered between Freelancers and Clients for certain projects or gigs.