Terms and Conditions

Last updated: January 2025

1. Acceptance of Terms

By accessing or using Mandate ("the Platform"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Platform.

These terms apply to all users of the Platform, including clients seeking marketing services and freelancers providing such services.

2. Description of Service

Mandate is a platform that connects businesses ("Clients") with marketing professionals ("Freelancers"). The Platform facilitates:

  • Project posting and discovery
  • Communication between Clients and Freelancers
  • Contract and milestone management
  • Payment processing and invoicing
  • Portfolio and profile management

3. User Accounts

To use certain features of the Platform, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

You must be at least 18 years old to create an account and use the Platform.

4. User Responsibilities

For Clients:

  • Provide clear and accurate project requirements
  • Make timely payments for completed work
  • Communicate professionally with Freelancers
  • Respect intellectual property rights

For Freelancers:

  • Deliver work as agreed upon in contracts
  • Meet deadlines and milestones
  • Maintain professional communication
  • Accurately represent skills and experience

5. Prohibited Activities

You agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights of others
  • Submit false, misleading, or fraudulent information
  • Harass, abuse, or harm other users
  • Attempt to circumvent Platform fees or payment systems
  • Use the Platform for spam or unsolicited communications
  • Introduce viruses, malware, or other harmful code
  • Scrape, crawl, or collect data from the Platform without permission
  • Create multiple accounts for fraudulent purposes
  • Engage in any activity that disrupts the Platform's operation

6. Intellectual Property

Platform Content: All content, features, and functionality of the Platform (including but not limited to text, graphics, logos, and software) are owned by Mandate and protected by intellectual property laws.

User Content: You retain ownership of content you submit to the Platform. By submitting content, you grant Mandate a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content for Platform operations.

Work Product: Ownership of work created through the Platform is governed by the specific agreement between Client and Freelancer. Unless otherwise agreed, completed work transfers to the Client upon full payment.

7. Payments and Fees

Service Fees: Mandate may charge fees for use of the Platform. Current fee structures are disclosed on the Platform and may be updated with notice.

Payment Processing: All payments are processed through secure third-party payment providers. You agree to their terms of service when making or receiving payments.

Disputes: Payment disputes between Clients and Freelancers should first be resolved directly between the parties. Mandate may provide mediation assistance but is not responsible for resolving disputes.

8. Independent Contractor Relationship

Freelancers are independent contractors, not employees of Mandate or Clients. Freelancers are solely responsible for their own taxes, insurance, and compliance with applicable employment laws. Mandate does not control the manner or means by which Freelancers perform their work.

9. Limitation of Liability

To the maximum extent permitted by law, Mandate shall not be liable for:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, or business opportunities
  • Quality, safety, or legality of services provided by Freelancers
  • The conduct of any user, whether online or offline
  • Any unauthorized access to your account or data

The Platform is provided "as is" without warranties of any kind, either express or implied.

10. Indemnification

You agree to indemnify and hold harmless Mandate, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from your use of the Platform, violation of these terms, or infringement of any third-party rights.

11. Termination

By You: You may terminate your account at any time by contacting us or using account settings.

By Mandate: We may suspend or terminate your account at any time for violations of these terms or for any other reason at our sole discretion.

Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination shall remain in effect.

12. Dispute Resolution

Any disputes arising from these terms or your use of the Platform shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with applicable arbitration rules.

You agree to waive any right to participate in class action lawsuits or class-wide arbitration against Mandate.

13. Changes to Terms

Mandate reserves the right to modify these terms at any time. We will notify users of material changes via email or Platform notification. Continued use of the Platform after changes constitutes acceptance of the modified terms.

14. Governing Law

These terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

15. Severability

If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16. Contact Information

For questions about these Terms and Conditions, please contact us at: hello@mandatecrm.com