Last Modified: November 20, 2020
Eligibility Requirements to Use or Access the Services.
To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company.
The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years old. We do not knowingly collect or solicit personally identifiable information from children under 13 years old. If you are a child under 13 years old, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13 years old, we will delete that information as quickly as possible. If you believe that a child under 13 years old may have provided us personal information, please contact us at firstname.lastname@example.org.
“Affiliates” means any third-party companies which Brand Done chooses to work with and is considered a part of the Brand Done Platform.
“Badge Rating System” means the system in which the Freelancer and Brand may rate the quality of service and satisfaction of the job, and gives an opportunity to provide feedback upon the completion of a Project, after payment.
“Bid-On Service Contract” means the Brand may post a job in the Marketplace and is open to all Freelancers to bid on the job.
“Brand” or “Client” means any business or brand who has registered with the Website, has paid for their relevant subscription with the intention of posting jobs for work.
“Brand Done” refers to the Site, Site Services, Platform, and Marketplace.
“The Bank” means the application on the “Dashboard” which allows Clients to track the movement of Project payments. Following the close of a Project, the credits will transfer to the Freelancer’s Bank, which can then be cashed out via the third-party payment processor.
“Connected Account” means the account Users successfully create with Brand Done’s third-party payment processor, Stripe, in order to complete payments to and from Users.
“Content” means texts, emails, photographs or videos, information, software, images, communication, or other materials including but not limited to profile information, service requests, boardroom chats, message threads, reviews, calendars, schedules, other information materials.
“Dash Board” means the End User platform which allows them to see calendars, scheduling, communication between Users, jobs completed, bids on Service Contracts, pending information, and “The Bank.”
“Direct Service Contract” means a contract made between a Brand and a specific Freelancer when a Brand directly contacts a specific Freelancer and invites them to a Boardroom to offer them a job. In the Boardroom, Freelancers can accept or decline the Brand’s offer. If accepted, the Boardroom acts in the same manner as the Bid-On Service Contract.
“Gallery” means the server space offered to all Freelancers who wish to upload a specified amount of data to act as their professional portfolio, which is publicly visible on the Site. Content may include videos, photographs, bios, resumes, or past written documents of testimonials. Brands may view all Freelancer Galleries to review their visual work history and portfolio.
“Freelancer” means a professional worker with a specialty or craft in one of the categories listed on the Platform and who has extensive experience in the fashion and apparel industry and has registered to use Brand Done with the intention of finding work and selling his or her services.
“Freelancer Fees” means the amount of money agreed up between Users for a Project or services and which will be paid out to the Freelancer upon completion of a Project or Service.
“Marketplace” means the collective group of Freelancers who have registered and qualified for access to the Platform.
“Occurrence Points System” or “OPS” means the feedback system designed to hold Freelancer accountable for their commitments by Brand reviews of factors such as their timeliness and quality of work.
“Payment Method” refers to credit card, debit cards, and ACH transactions.
“Platform” means the application on the Site used to connect Brands and Freelancers.
“Project” means the mutually agreed upon engagement between the Brand and the Freelancer as provided under the Bid-On Service Contract or Direct Service Contract.
“Service Contract” means, collectively, a Bid-On Service Contract or a Direct Service Contract, as applicable.
“Site Services” means all services listed, posted, scheduled, agreed upon between Users.
“Subscription” means the amount to be paid by the Brand to obtain full access to the Platform, Website, Marketplace, and/or Website Services. Currently, Brand Done’s subscription rates are as follows:
- Annual Subscription: USD $380.00
- Semi-Annual Subscription: USD $480.00
All subscriptions are non-refundable. Brand Done collects a transaction fee of USD $20.00 for Subscriptions. All Subscription fees are subject to change in Brand Done’s sole and absolute discretion.
“User” means any individual who has registered to use the Platform and has created a profile to interact with each other.
“User Content” means all content Users submit, post, upload, publish, or transmit on or through the Platform, including, but not limited, to chat messaging, boardroom conversations, or calls made through Brand Done internal communication application, photographs, profile information, descriptions, postings, and reviews.
Brand Done Site and Marketplace Services
Brand Done is a digital marketplace/platform that allows Users to meet, connect, conduct business, and buy and sell Freelancer services online. Brand Done offers the Site Services such as the Gallery for Freelancers, third-party Payment Methods, and Board Room chat spaces, but does not employ any Brand or Freelancer. The Platform and Services may provide links to third-party affiliates for background checks and Freelancer insurance options, but Brand Done is not responsible for tax filings, such as Form 1099s, of any Freelancer. Upon request, Brand Done may forward archives of Projects to the Brand or Freelancer if needed for personal tax purposes. Brand Done is not responsible for third-party claims or business decisions of the Freelancers or Brands. Brand Done will not be held liable for Brands’ or Freelancers’ use of third-party offerings. Brand Done makes no representations or warranties with respect to any service, or quality thereof, provided by third-party service providers. Users may obtain insurance or background check services from other providers of their choice. Brand Done does not facilitate the formation of the Bid-On Service Contracts or Direct Service Contracts, and is not in any way responsible for the content, terms, and conditions that are added to any Service Contract. These contracts are made between Users and Brand Done, and Brand Done shall not be held liable for any claims or disputes arising between the Brand and Freelancer. Brand Done is not a party to such contract. Users agree and acknowledge that Brand Done is a platform to connect such Brands and Freelancers, and is in no way liable for disputes between the parties, and has no relationship to the Users or their contracts, conversations, or business dealings. Brand Done expects that following the acceptance of a Project and/or after signing any Service Contract, that the Users to discuss the terms of the Project in the Board Room and adhere to the terms of the Non-Circumvention Policy outlined in this Terms of Service. Brand Done makes no claims, representations, or warranties about the capability of any Freelancer to complete and Project.
Brand Done, from time to time, may post in the Marketplace news about new Brands, registrars or banner promotions, and the Freelancer may be made aware of Brands that may be seeking the services the Freelancer offers. Brands may be made aware of Freelancers that may offer services they seek, but Brand Done is not liable or responsible for such content posted by either party, including, without limitation, the validity of either party or either party’s ability to follow through on creating or accepting services. Brand Done makes is not liable for either party entering into any Service Contract. Users are solely responsible for their own actions.
Brand Done is not responsible for determining which projects Freelancer will accept, or for guiding or leading Freelancer to accept work. Brand Done does not vet, interview, scout, or perform background checks, and is not responsible for the quality of the Brand or Freelancer or for identify verification. Brand Done encourages Users to take an active part in the Badge Rating System and Occurrence Points System of rating each other made available on the Platform. Freelancers are responsible for setting their pricing terms for service contracts and agrees to a minimum fee of USD $500.00 on all Direct Service Contracts and agrees to not bid lower than USD $500.00 on a Bid-On Service Contract. Freelancer may determine when, how, and from where they may work as long as agreed upon in the Board Room and when entering into any service contract. Freelancer will be paid at the times and fees agreed upon in the service contract pertaining to that Project only. The use of Brand Done as a platform to connect Users in no way creates, nor shall this Agreement be interpreted as creating, an employment, agency, partnership or joint venture between Users and Brand Done. Service Contracts entered into by the Users are at the User’s discretion and it’s their responsibility to fulfill the terms and obligations on a specific contact. Brand Done is not a party to the such contract, outside of setting Brand Done’s policy of a minimum fee to ensure the quality of the Brand Done image and its Platform, the work, the Project the time frame in which to complete the Project or the accuracy of the Brand to provide specifications of the Project of the Freelancer’s capability to complete the Project.
Users acknowledge and agree that Brand Done does not supervise or direct the Freelancer or the Brand in any way, and is therefore not responsible for supervising or directing the work or claims of either the Freelancer or the Brand. Brand Done will hold Freelancer accountable only as it pertains to the image of the Brand Done site and talent pool including, Occurrence Points System and Brand done Badge Rating. Brand Done assumes no liability for the quality of Freelancer or Brand. For example, if a Freelancer completes a Project and the Brand is not satisfied with the work, the Brand may give the Freelancer a low rating in the Point System and Badge Rating, or the Freelander may give the Brand a low rating, which will then reflect poorly on the respective party, but Brand Done takes no other means to reprimand the Freelancer for poor performance. Brand Done does not ensure the accuracy and legality of any User content
Users agree to the terms of any Service Contract discussed between the Brand and Freelancer in the Board Room. At this time, employment agencies are not permitted to register for the Brand Done Marketplace or engage in the Platform or Site Services unless specifically requested. Interested agencies may make a written request to use the Platform and/or Services by contacting us via e-mail at email@example.com, which approval of such request is in the sole and absolute discretion of Brand Done.
Your permission to use the Website is conditioned upon the following restrictions. You agree that you will only use the Website under the following conditions:
For the Brand:
You hereby agree, represent, and warrant that:
- You will use the Site, Site Services, Platform, and Marketplace for business purposes only; you will not use the Website for personal, household, or consumer use;
- You are an employee or other authorized representative of a Brand;
- You have the requisite corporate authority to act on behalf of your company as a User;
- You will comply with any legal requirements with respect to your business, or the business for which you are acting, and the provision of Freelance Services;
- You are an individual 18 years or older and legally allowed to work with in the United States;
- You are legally allowed to enter into and execute contracts.
For the Freelancer:
You hereby agree, represent, and warrant that:
- You will use the Site, Site Services, Platform, and Marketplace for business purposes only;
- You are legally able to work within the U.S.;
- You have legal documents allowing you to work in the U.S.;
- You will use the Site and Site Services for finding and accepting projects for work for payment;
- You will comply with any legal requirements with respect to your business, or the business for which you are acting, and the provision of freelance services;
- You have proof of experience in one of the 8 classifications listed on the Site;
- You are an individual 18 years or older;
- You are legally able to sign and create legally binding contracts;
- You may be asked to provide additional legal information upon request from a Brand directly, such as copies of your identification, Employer Identification Numbers, social security number, or Tax Identification Number, etc.
- You agree to opt-in to the Gallery and pay a fee of $35 annually.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole and absolute discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
To register for the Website, you must complete a user profile, in which you must choose a username and password. With your profile creation, you must create a screen name. By creating a profile, you consent to be viable to other users and/or the public. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. The safety of your account is your responsibility. You agree that the information you provide is true, accurate, and complete, will not provide misleading information about your identity, location, skills, or services you provide, and you will update your information to maintain such accuracy and completeness or correct any information that becomes false or misleading. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security by contacting Brand Done at TechSupport@BrandDone.com. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree that you will not open an account for someone else or log in to someone else’s account and act on their behalf unless you are authorized by the company. You agree that you will act on your own behalf and will not pretend to be any other identify other than your own. You agree that the Person using the account for the business has authority to approve work and make payments using your payment method on file
Upon registration, your account will be subject to verification, and you may be asked to validate your identity. Failure to validate your identity will result in: 1) incomplete registration or Profile, and 2) denied access to the Site and Site Services. You must provide truthful identification under the laws of the jurisdiction in which you reside. Failure to provide accurate and truthful information may result in account deletion.
To be eligible to create an account, you must either be a Freelancer or a Brand, and you cannot register as both a Freelancer and a Business at the same time. You may register as a Freelancer if you are a fulltime employee of the Company only upon written permission from a department head. If you wish to register as the opposite account type, you must first close your current account, and it must remain closed for at least thirty (30) days before opening a new account. All fees associated with account creation apply to the creation of new accounts.
Intellectual Property Rights
Ownership of Intellectual Property.
The Company name, the term “Brand Done”, and all related names, logos, product and service names, designs, and slogans are pending trademark registration with the United States Patent and Trademark Office (USPTO). You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
License to Use the Services.
The rights granted to you in this Agreement are subject to the following restrictions:
(a) No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you.
(b) No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
(c) No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.
(d) No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
(e) No Competition. You shall not access or use the Content in order to build a similar or competitive website, product, or service.
(f) Systematic Retrieval. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services.
All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- We currently maintain social media accounts at:
- FACEBOOK, INSTAGRAM, LINKEDIN, ETC.
If we provide social media features with the above sites and/or applications with certain content, you may take such actions as are enabled by such features. We may provide additional social media features on other sites and/or applications and any such actions are to be used in accordance with the terms therein.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Prohibited Uses and Code of Conduct
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
You also hereby acknowledge:
- Use of foul, discriminating, incident language or slurs between users of the Site will not be tolerated.
- Feedback is meant to be constructive and allow all users the opportunity to grow and learn and become better in their respective positions.
- Cyber bullying, cohesion, or like intentions to defame, destroy, intimidate others is not tolerated and will be met with the full force if any user is found to be engaging in any action that can be construed as harmful to any user. The Company may terminate your use of the Website if it finds you have engaged in any of the foregoing activities, in its sole and absolute discretion.
- Expulsion from the site, deletion of account, and any monies still owed to Brand Done may be taken at the time of account removal. Brand Done reserves all rights to make these decisions in its sole and absolute discretion.
- If removed from the Site for violating terms of service or any agreement listed in here does not entitle any user to any form of refund expect where the Freelancer has money pending for payment of past work. Any fees owed to Brand Done will be taken before the balance is netted and transferred to the Freelancer account before closing
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of- service attack.
- Otherwise attempt to interfere with the proper working of the Website.
You hereby agree that all photos, images, resume, and videos uploaded to your profile are of your work samples only. All submissions to the Gallery are considered User Content and are subject in all respects to our Content Standards. All images posted to the Gallery will be subject to examination by both a bot and human approval. The Gallery is not for personal use. Personal photos, videos and cloud storage is for your professional work only and is subject to our Content Standards in all respects. Nude images, photos, videos or any other media depicting children, women, men are expressly prohibited. All media in the gallery are subject to removal if the Company believes, in its sole discretion, that uploaded content is inappropriate. Should you violate our policies, in addition to account suspension or termination, legal action will be taken and the relevant authorities shall be notified at the discretion of the Company. Brand Done is not responsible for the uploaded content of the User to the Gallery but will use commercially reasonable efforts to ensure that the proper rules are being followed and will intercept, delete, reject, block, or remove any content that does not adhere to the above guidelines and our Content Standards without refund of payment for such Gallery. Brand Done reserves the right to ban, remove, suspend any Account, registrar, or gallery and its content at its sole discretion.
The Services and the Gallery may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Content”) on or through the Services.
You are solely responsible for your User Content. Please consider carefully what you choose to share. All User Content must comply with the Content Standards set forth below. Any User Content you post on or through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content. This includes any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, or any disclosure of your User Content that personally identifies you or any third party. You agree that the Company shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Services.
You further agree that the Company shall not be responsible for any loss or damage incurred as the result of any interactions between you and other Users. Your interactions with other Users are solely between you and such Users. If there is a dispute between you and any other User, we are under no obligation to become involved.
You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company’s business including, without limitation, for promoting and redistributing part or all of the Services in any media formats and through any media channels.
You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards (“Content Standards”). User Content must not:
(a) Violate Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.
(b) Promote Illegal Activity or Harm to Others. Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property.
(c) Infringe Intellectual Property Rights. Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.
(d) Defamatory, Abusive, or Otherwise Objectionable Material. Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another’s privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable. This includes any information or material that we deem to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person.
(e) Promotion of Sexually Explicit Material or Discrimination. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
(f) Fraudulent Information or Impersonation. Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization.
(g) Commercial Activity. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
(h) Endorsement by the Company. Represent or imply to others that it is in any way provided, sponsored, or endorsed by the Company or any other person or entity, if that is not the case.
Monitoring and Enforcement.
We reserve the right at all times, but are not obligated, to:
(b) remove or reject any User Content for any or no reason in our sole discretion.
(c) disclose any User Content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect the rights or property of the Company or any other person.
(d) Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.
The Company shall use commercially reasonable efforts to remove objectional content that does not conform to our Content Standards, but the Company cannot ensure prompt removal of questionable User Content. Accordingly, the Company and its affiliates, and their respective officers, directors, employees or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.
Copyright Infringement (Digital Millennium Copyright Act Policy).
The Company respects the intellectual property of others and expects users of the Services to do the same. It is the Company’s policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:
(a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
(b) a description of the copyrighted work that you allege has been infringed;
(c) a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
(d) a description of where the material that you claim is infringing is located;
(e) your contact information, including your address, telephone number, and email address;
(f) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
(g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
Designated copyright agent for the Company:
Boag Law, PLLC | Patent, Trademark, Copyright, and Technology Law
75 Varick Street New York, NY 10014
Feedback to the Company.
If you provide the Company with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
Brand Done Badge Rating and Occurrence Point System
Brand Done Badge Rating
Brand Done prides itself on building a community of hardworking, ethical, reliable and professional Freelancers and Brand. We expect all Brand Done Freelancers to be reliable, communicative, and act in a professional manner as set forth in our Terms of Service as a part of their use of the Brand Done Marketplace. We expect that Brands be forthcoming, honest, provide substantial projects of work and commitment to respecting the pool of talent accessed on the Brand Done Platform.
To ensure that our network of talent is the best in the industry, Brand Done has created a Badge Rating System. This system is designed to offer the Freelancer and Brand a digital pat on the back for a job well done or to offer the Freelancer or Brand feedback as to what they need to do better. As a Freelancer, you will automatically be enrolled in the Badge Rating System when you create a profile on the Brand Done Website and book your engagement with a Brand. Brands shall be rated after the completion of a Project and after payment has been made.
You can begin earning points toward each badge level when you complete 5 paid Projects and after the Brand or Freelancer has returned a ranking reply. Each badge level requires the Freelancer or Brand to complete a series of 5 Projects with a rating of 4 or higher for each job completed. Once this threshold is met, the Freelancer will obtain a Brand Done Icon on their profile page. These icons will not be made visible to Brands and Freelancers until the Brands and Freelancer has a earned a minimum of 3 icons.
When Brands and Freelancers obtain a ranking of 3 badges or higher, the Brand Done icon will appear under the Freelancer profile photo and their profile will be more visible to Brands when searching for professional services, with the intention of giving a competitive advantage.
All Badge Rating details, as well as testimonials, are not made public on the site and details of each rating, post completion of the Project, may be found in the Ratings section of your Freelancer Dashboard.
The following Ratings are available based on performance:
5– Great Job! The Brand/Freelancer was extremely happy with your work
4– Good Job! The Brand/Freelancers satisfied with the Project you completed but there is always room for improvement.
3– Improvement needed! The Brand/Freelancer was less than thrilled with your work, reported an incident, or felt you did not fully complete the Project as requested
2– Poor! The Brand/Freelancer was unsatisfied with the entirety of your work. Two additional 2 badge ratings within 30 days will result in a 14-day suspension of your account.
1– Dissatisfied! The Brand/Freelancer was not happy with your work/Project and will not hire/work for you again.
In order to maintain a diverse pool of high quality and talented Freelancers, Brand Done utilizes an Occurrence Point System (“OPS”). The OPS is designed to hold Freelancer accountable for their commitments by reducing the rate of cancellations, no shows, and poor quality of work. Negative feedback from the Brand is also taken into account when determining the OPS and can lead to a 14-day suspension from project bids to complete removal from the brand Done Marketplace indefinitely.
Occurrence Point System
Brand Done Freelancers may receive 3 Occurrence Points for the following reasons:
- Cancelling on a job with 24 hours or less notice to the Brand;
- Not showing up to a scheduled job site;
- Showing up to a job late by more than 20 minutes.
Brand Done Freelancers may receive 5 Occurrence Points for the following reasons:
- Not completing a Project by Brand deadline without a min of 48 hours-notice to the Brand;
- Acting in any unprofessional manner which contradicts the Terms and Conditions of the Brand Done Marketplace;
- Behaving in any manner which directly contradicts the Brand Done Terms and Conditions of the Brand Done Marketplace.
Brand Done Freelancers may receive 10 Occurrence Points for the following reason:
- Cancelling a job with less than 12 hours or less notice to the Brand;
- Showing up to a scheduled job more than 1 hour passed the start time without reasonable explanation and communication to the Brand.
Occurrence Points cumulate over a 30-day period of time. Your 30-day Freelancer time period begins the day you enter into a Service Contract with your first Brand. After your first 30 days is complete, the OPS resets for a fresh 30-day period of time.
- Upon accumulation of 3 Occurrence Points, the Freelancer will be suspended from bidding on jobs for 7-days and all Service Contracts agreed upon will be cancelled.
- Upon accumulation of 4-8 Occurrence Points, the Freelancer is suspended from the Brand Done Marketplace for 14-days. Access is restricted to their Freelancer Dashboard and Gallery only. All Service Contracts agreed upon will be cancelled.
- Upon the accumulation of more than 8 Occurrence Points, the Freelancer is restricted from all access to the Brand Done Marketplace for 30-days while an internal review of the Freelancer’s occurrences is conducted. All financial payments owed to the Freelancer will be released according to the payment schedule(s) agreed upon by the Freelancer and Brand.
In addition, any Brand or Freelancer found circumventing the Brand Done Marketplace in an effort to obtain payment for services rendered within the Service Agreement, will have their access fully revoked by Brand Done. The Freelancer profile, Gallery, and Dashboard will permanently be deleted. Brand Done reserves the right to obtain any rightful monies owed to them before releasing any funds to the Freelancer. Brands found making offers to Freelancers outside the Board Room or outside the Platform before the Project is complete and paid for on the Platform will be banned from using the Platform in the future and no refunds will be given.
Payment, Taxes, and Fees
Brand Done makes a substantial portion of its revenue through providing its Platform and Site Services and Marketplace and makes it available to its Users. Brand Done only receives a service fee when Brands pay Freelancers through our site and on subscriptions paid for by Brands. Therefore, Users agree to make and receive payments only through Brand Done for one year from the date you meet your Freelancer or Brand. Users agree that the Brand Done Platform is your exclusive meeting place for all business conducted for up to one year after making the connection. If any User has met before engaging on the Site, then this section does not apply under the conditions that you must identify that the User know one another and have worked together in a capacity by clicking the appropriate buttons when beginning the first contact with each other on the Brand Done site.
Users agree not to:
- Submit proposals outside of the Site;
- Contact each other outside of the site with regard to new or future work not pertaining to the Project agreed upon within the site and board room;
- Accept proposals or offers to be paid or make payments outside of the site;
- Contact each other for future work outside of the site;
- Lower the value of the original Project price and go outside of the site in order to circumvent the Brand Done service fee; and
- Use third-parties to accept or make payments outside the site for transfer to another User.
Taxes and Fees
The Freelancer is responsible solely for all tax liability with payments received from service contracts obtained through the Brand Done Site. Brand Done does not withhold taxes from payments to Freelancer from Brand. The Freelancer is required by law to pay their own local, state, and federal taxes r, and the Freelancer agrees to the 18% service fee to be deducted from all service contracts. Freelancers who wish to have Gallery Space on the site are subject to an annual $35 fee and must opt into this benefit. Freelancers may Opt-out of this during a 12-month period of time, but no refund will be given. If the Freelancer does not optout of Gallery space before their next calendar year, then $35 will automatically be deducted from their first job paid of the new calendar year.
The Brand agrees to pay a 4% service/processing fee on all Project transactions, and to pay a 6-month subscription to the site in order to post jobs at a flat fee of $380.00 US + $20.00 annual processing fee. The Brand agrees to pay an annual subscription fee of $480.00 USD to the site in order to post jobs plus a $20.00 annual processing fee. The Brand agrees that both the 6 months and annual subscription is nonrefundable under any circumstance. Also, the Brand agrees to pay Freelancer on Freelancer terms as set forth by their residing state but not more than 7 days after approving Project as complete. Failure to pay Freelancer within 7 days of the Project approval and completion will result in a charge to the Brand payment method on file unless the Brand has disputed the Project completion within 24 hours of Freelancer submitting.
If a User cancels at any time no refund is available. Any money owed to Brand Done at the time of cancellation is subject to charge of payment method. Once the Brand and Freelancer enter into a service contract and agree on the Freelancer fee the total fee for the Project will be charged to the Brand’s payment method on file. The fee will be held for no more than 90 days before completion of the Project. Once the Project is complete and Freelancer submits the Project, the Freelancer fee will be paid to the Freelancer less the 18% service owed to Brand Done.
Brand Done Uses a third-party payment processing company, Stripe, as the payment provider for payment services on the site. Upon creating a User account on Brand Done, Users will be prompted in the “Finance” section of the “My Account” menu to link their information to Stripe. Users will then be securely redirected to Stripe’s account portal and will be prompted to perform “Stripe Connect Onboarding,” in which Users will enter their financial details they wish to be used for payment on Brand Done. This process also verifies the identity of the User. Once complete, the Stripe account will be referred to as a “Connected Account” which will be linked on Brand Done’s Stripe Connect Platform Account. Users will be assigned a user-specific identification number in the event a User wishes to communicate with Stripe.
After a Brand selects a Freelancer’s proposal for a given Project, the Brand user will be directed to make their deposit on the Project via Stripe Connect. Once the Project is completed and the Brand shall release funds to the Freelancer by selecting the “Release Payment” option, which will be subject to a service fee (Stripe Destinations Charge) to move funds from the User’s Platform account to the User’s Connected Account. Payment may be held by Brand Done in the Stripe account for up to 90 days should a dispute arise, in which case Stripe shall serve as an escrow agent until a User dispute is resolved (see Disputes Among Users). The total amount due for the Project will be withdrawn from the payment method on the User’s file upon completion of the Project and, subject to Brand approval, the Project amount will be released from Stripe and deposited into the Freelancer’s bank account.
Deposits from Stripe into the User’s bank account is entirely performed via the Stripe service. Brand Done is not responsible or liable in any way for third party losses, damages, lawsuits, actions, or claims. By using the Website, Users release Brand Done from any liability resulting from use of third-party payment services. If you have questions regarding Stripe, please contact Stripe at firstname.lastname@example.org.
Brand Done does not require Freelancers to carry occupational liability insurance or Professional Liability Insurance when registering for the Brand Done Platform as a Freelancer. However, as a benefit to the Marketplace, Brand Done offers an option for Freelancer to purchase insurance through Denis A. Miller Insurance Agency and a link to their website for purposes of obtaining Insurance is made available on Brand Done to Freelancers. The insurance provider is a third party and Brand Done has no affiliation with the insurance provider. Brand Done shall not be held liable for any claims, actions, losses in connection with Freelancer obtaining insurance. Brand Done solely provides this as a resource for Freelancers and does not make claims, representation, or guarantees with respect to the insurance provider and is not responsible for the cost or fees of obtaining insurance. Brand Done is in no way responsible for underwriting the insurance policy. Should Brands require that Freelancers carry Occupational or professional liability insurance for Projects, they are responsible for making that requirement known when entering into a service contract with the freelancer. Failure to make the Freelancer aware of this requirement is on the Client and Brand Done takes no responsibility for service contract needs.
The Service Contract is an exclusive agreement between the Brand and the Freelancer. Brands may post a job of Freelancers to Bid-On or Post a Direct Service Contract. Both parties have complete discretion on entering into any contract and designing its terms including, but not limited to, Project, Project needs, start date, end date, fees, location, and payment scheduled owed to the Freelancer. Please note that Brand Done is not a party to this contract. Users will not create an employment relationship with Brand Done under the terms of their contract. Brand Done agrees that at the time of submitting the service contract with a Freelancer on the site that their payment method will be charged for the full amount of the Project at that time. The Project fee will be held in “The Bank” until the Brand approves the completed Project submitted by the Freelancer. The Freelancer will be paid according to the terms of the agreement service contract less the 18% Brand Done fee. All Service Contracts are fixed price and no hourly contracts are accepted at this time.
The Platform may be used to help obtain or offer Site Services provided by Users and to facilitate payment for such Site Services. However, Users transact solely between themselves, and Brand Done is not a party to any transactions between Users. Brand Done hereby expressly disclaims, and you hereby expressly release Brand Done from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to disputes, dealings, or interactions between you and any other Users or third parties.
Dispute Among Users
Disputes between Freelancer and Brand are exclusively a matter between the Brand and the Freelancer, and such disputes do not involve Brand Done in any way. If a dispute arises regarding a change to a Freelancer fee based on work performance or occurrence issues, then the original total amount agreed upon will be transferred to the Freelancer as scheduled, and Brand Done will retain the 18% fee originally paid. Any monies owed back to the Brand will be recaptured from the Freelancer directly. If the dispute process does remedy the issue, you may pursue the matter independently and agree that Brand Done will not and is not obligated to provide any assistance with respect to dispute(s) as between Freelancer and the Brand beyond offering assistance to Users in reaching an agreement on a dispute, whether between themselves or with a third-party mediator, and offering encryption of Board Room communications between the Users to be used with such a chosen third-party mediator. Brand Done can and will offer Boardroom transcripts to aid in disputes among Users. After a dispute is marked resolved by a Brand Done administrator, or after a Boardroom is closed, conversations in such Boardroom will be accessible in read-only functionality and new communications cannot be conducted.
Disputes regarding any step in the money transfer process should be directed to the third-party payment processor, Stripe.
Marketplace Feedback and User Content
All Users agree that Brand Done can and will publish information on their behalf. Feedback on all Freelancers furnished by the Business will be published according to the Brand Done Badge Rating outlined in this Terms of Service. The User acknowledges that the Profile pictures, usernames, and profiles will be made public, and that geographical location, identity, credentials or any other information will be made public. Businesses are not able to contact any Freelancer about a Project, proposal, or potential project without first registering as a user and paying their desired subscription fee. Brand Done will not generally investigate remarks or posts about or between users’ feedback of each other and will not claim that it is accurate, as Information on Users is not verified by Brand Done, and Brand Done is not legally responsible for feedback or content posted or made available on the site or in public. If content or feedback violates the terms of service, proposes a danger to the other Users on the site or in the marketplace Brand Done has no obligation to but will address any code of conduct breach or sullies the image of brand Done and its site and marketplace will reserve the right to remove and content posted or suspend the account in violation with the terms of service/code of conduct agreement.
Users acknowledge that Freelancer and Business registrations are voluntary. Feedback on Freelancer work is intended to allow the Freelancer or the Brand to earn Badge Ratings and additional future benefits and all negative feedback will not be made public to other site users but will be given to the Freelancer.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties and all statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any websites that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, if applicable. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of New York in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, OWNERS, PARTNERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This website is operated by Brand Done.
All notices of copyright infringement claims should be sent to: email@example.com.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org.