Terms of Service & Condition of Use
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
This website is operated by PeerViewer. Throughout the site, the terms “we”, “us” and “our” refer to PeerViewer. PeerViewer offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions of use (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
To use certain Site Services, you must register for an Account. PeerViewer offers the Site Services for your business purposes, and not for personal, household, or consumer use. You will not use the Website if you:
- are not able to form legally binding contracts;
- are under the age of 13;
- a person barred from receiving and rendering services under the laws of the European Union and United States of America or another applicable jurisdiction;
- are suspended from using the Website; or
- Do not hold a valid email address and ORCID ID.
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Users may provide a business name or a company name, which is associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
You agree to provide true, accurate, and complete information on all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You must not provide false or misleading information about your location. You must not provide false or misleading information about your business, your skills, or the services your business provides. You must not register for more than one Client Account and one PeerViewer Account without express written permission from. You must not ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
Know Your Customer (KYC)
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth, academic credentials, ORCID ID and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your passport or drivers’ licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or PeerViewer Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
We reserve the right to update your particulars on the website in order to match any KYC documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided KYC documents and account information.
If you are not PeerViewer verified you may not be able to withdraw funds from your PeerViewer account, and other restrictions may apply.
Usernames and Passwords
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You authorize PeerViewer to assume that any person using the Site with your username and password (if any) either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to your password or the password of any User of your Account.
Feedback, Reputation and Reviews
You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the PeerViewer feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Freelancer or Employer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by PeerViewer or its related entities, without our written permission.
Purpose of the Site and Site Services
The Site is a marketplace where Clients and/or Employers and Freelancers or Peer Reviewers can identify each other and buy and sell Freelancer Services or Clients Freelance Jobs online. Subject to the terms of this Agreement, PeerViewer provides the Site Services to Clients and Freelancers, including hosting and maintaining the Site, enabling the formation of Service Contracts, and coordinating disputes related to those Service Contracts. If a Client and Freelancer agree on terms for Freelancer Services, a Service Contract is formed directly between such Client and Freelancer. When a User enters a Service Contract, the User uses the Site to engage, communicate, invoice and pay online.
Sellers (Freelance Peer Reviewers)
- Each service you sell and successfully complete, accredit your account with net revenue of 90% of the purchase amount.
- PeerViewer accredits sellers once an order is completed.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
- Withdrawals can only be made in the amount available to you.
- Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
- If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
- The seller’s rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain advanced seller levels.
- Sellers are allowed to post a select amount of active Listings based on their Level status.
Listings may be removed by us for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services, Copyright Infringement, Trademark Infringement
- Copy of other analytics provider.
- Intentional copies of trading news.
- Spam, Nonsense, or Violent Listing or products.
- Listing misleading to buyers, including violations of third party terms of service
- Reselling of regulated products or analytics.
- Listing that is removed for violations mentioned above, may result in the removal of the seller’s account.
- Listings may be removed from our Search feature due to poor performance and/or user misconduct.
- URLs in your Listings text that redirect to third party websites are subject to approval and may be considered inappropriate to use on PeerViewer.
- Listings are required to have an appropriate image related to the service offered.
- Listings may contain an approved Video uploaded.
Levels (Stars Rating)
Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, PeerViewer may reward them with new statuses, special opportunities, benefits, and tools that come with it.
- Sellers can gain account Levels based on their activity, performance and reputation.
- Advancement in Levels is updated periodically by an automated system.
- The current Levels a seller can achieve are, Level 1, 2, and Top Rated.
- Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their seller status and the benefits that come with it. For example, late deliveries, warnings to the seller’s account and cancellations can cause a seller to move to a different Level.
- Advanced levels provide their owners with additional benefits, including offering services for higher prices through Extras, or selling in multiples.
- You may not offer sellers to pay, or make payment using any method other than through the peerviewer.com site.
- Buyers pay PeerViewer to post a project according to the most appropriate package of choice from submit-project page, through the Order Now button.
- Analytics or products may be purchased using a Credit Card, PayPal and PeerViewer payment gateway.
- Processing fees are added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees. When purchasing from your seller’s balance (i.e. out of your earned revenues) or buyer’s shopping balance (resulting from any credits or refunds) you will not be charged a processing fee. Funds returned to your balance from cancelled orders will not include processing fees paid.
- If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase, but only in the event that your balance covers the entire purchase amount.
- Once payment is confirmed, your order will be created and given a unique order number.
- Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Listing.
- Using the Deliver Work button may not be abused by sellers to circumvent Order guidelines. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
- An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
- We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact PeerViewer customer support department for assistance.
- When a buyer order, the seller is notified by email as well as notifications on the site while logged into the account.
- Sellers are required to meet the delivery time they specified when creating their Listing. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller’s rating.
- Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. PeerViewer will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- A Seller may cancel an order without the buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller’s rating.
- Buyers may use the “Request Modifications” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the seller’s description on their Listing page or the requirements sent to the seller at the beginning of the order process.
Disputes and Cancellations
- We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact our Customer Support department for assistance.
- Order cancellations (when eligible) can be performed by Customer Support only up to a period of 14 days from order completion date. We will not cancel orders after that time.
- In the event of a dispute, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter by working it out with the seller or if not possible contact customer support for a resolution.
- Orders are not eligible to be cancelled based on the accuracy of the analytics. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
- PeerViewer reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
Payment Terms and Escrow Account
PeerViewer may use a related entity or a third party service provider to provide payment services acting as a payment facilitator and escrow agent on behalf of the freelancer and you (“Escrow Provider”).
When a Client pays a Freelancer, or when funds related to an Engagement are otherwise released to a Freelancer as required by the applicable Escrow Instructions, Escrow will credit the Freelancer Account and then deduct and disburse to PeerViewer a 10% service fee that PeerViewer earns and Freelancer agrees to pay PeerViewer for creating, hosting, maintaining, and providing the Site and Site Services.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
Depending on your residency or location, you may be subject to certain ad valorem or other taxes on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
Intellectual Property Rights
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, PeerViewer owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to PeerViewer without obtaining authorization from PeerViewer.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Copyright Infringement Policy
PeerViewer respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PeerViewer’s Copyright Agent with the information specified below in the form of a “Notification of Alleged Infringement.” It is PeerViewer’s policy to respond to clear Notifications of Alleged Infringement, and our policy is designed to make submitting Notifications of Alleged Infringement as straightforward as possible while reducing the number of Notifications that we receive that are fraudulent or difficult to understand or verify. If you are a User or subscriber of the website and concerned about the removal of or blocked access to your content, please provide PeerViewer’s Agent with the written information specified below in the form of a “Counter-Notification.” The forms specified below are consistent with the forms suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Website at http://www.copyright.gov).
DMCA Notification of Alleged Copyright Infringement
If you would like to submit a claim of copyright infringement for material, please substantiate each claim by sending PeerViewer’s registered Copyright Agent a Notification of Claimed Infringement at the email or mailing address below:
Copyright Agent c/o PeerViewer: email@example.com
To be considered effective, a Notification of Alleged Infringement must be submitted in writing and include the following information:
- Physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed
- Identification of the copyrighted material claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled
- Information reasonably sufficient to permit PeerViewer to locate the material that is claimed to be infringing or to be the subject of infringing activity
- Information reasonably sufficient to permit PeerViewer to contact person submitting the Notification, such as a physical address, email address, and telephone number
- A statement that the person submitting the Notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the person submitting the Notification is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
If you elect to send us a Counter-Notification, please send an email or letter to PeerViewer’s registered Copyright Agent at the email or mailing address below:
Copyright Agent c/o PeerViewer: firstname.lastname@example.org
To be considered effective, a Counter-Notification must be submitted in writing and include the following information:
- Physical or electronic signature of the User or subscriber or a person authorized to act on behalf of the User or subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the User or subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The User’s or subscriber’s name, address, and telephone number, and a statement that (1) the subscriber consents to the jurisdiction of (a) (for USA addresses) the Federal District Court for the United States of America’s judicial district in which the address is located, or (b) (for non-USA addresses) the Federal District Court for the Northern District of California, USA, and (2) the User or subscriber will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.
Please note that under Section 512(f) of the United States Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of Users or subscribers who are repeat infringers.
Unauthorized Access and Use; Site Interference; Malicious Software
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. You will not access the audiovisual content available on the Site for any purpose or in any manner other than streaming. You agree that you will not: (a) take any action that imposes or we believe may impose (in our sole discretion) an unreasonable or disproportionately large load on the Site’s 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 PeerViewer 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; (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (g) collect or harvest any personally identifiable information, including Account names, from the Site; (h) access any content on the Site through any technology or means other than those provided or authorized by the Site; or (i) directly or indirectly, advertise or promote another website, product, or service or solicit other Users for other websites, products, or services.
Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site or the Site software that is designed to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any other software, firmware, hardware, computer system, or network of PeerViewer or any third party.
Links and Applications
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites are owned and operated by the third parties and/or their licensors. Your access and use of third-party websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party websites. You acknowledge and agree that PeerViewer is not responsible or liable for: (a) the availability or accuracy of third-party websites; or (b) the content, advertising, or products on or available from third-party websites. You are responsible for deciding if you want to access third-party websites by clicking on a link or installing an application. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website via the Site is on an “as is” and “as available” basis without any warranty for any purpose.
YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, AND ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PEERVIEWER MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARDS TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEERVIEWER DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
PeerViewer is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:
- your use of or your inability to use our Site or Site Services;
- delays or disruptions in our Site or Site Services;
- viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
- damage to your hardware device from the use of the Site or Site Services;
- the content, actions, or inactions of third parties’ use of the Site or Site Services;
- a suspension or other action taken with respect to your account;
- your reliance on the quality, accuracy, or reliability of job postings, freelancer profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Site; and
- Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
ADDITIONALLY, IN NO EVENT WILL PEERVIEWER, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF PEERVIEWER, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE LESSER OF: (A) $100; OR (B) ANY FEES RETAINED BY PEERVIEWER WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT OR FREELANCER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If a dispute arises between you and client. You and the client agree that we will resolve any claim or controversy at law or in equity that arises out of this Agreement or our services in accordance with one of the alternatives below or as client and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.
This Agreement will be governed in all respects by the laws of Copenhagen as they apply to agreements entered into and to be performed entirely within Copenhagen, without regard to conflict of law provisions. You agree that any claim or dispute you may have against PeerViewer, must be resolved by a court located in Copenhagen, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Copenhagen for the purpose of litigating all such claims or disputes.
For any claim (excluding claims for injunctive or other equitable relief), PeerViewer may elect to resolve the dispute through binding arbitration. In the event PeerViewer, elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider and such arbitration shall be conducted in accordance with such provider’s rules.
If you have a dispute with another User, you release PeerViewer (and our shareholders, 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.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Denmark without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of Copenhagen, Denmark in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.