Common use of Subscriber Acknowledgements Clause in Contracts

Subscriber Acknowledgements. Other than as stated in this Agreement, Subscriber expressly acknowledges, agrees, and understands that: (i) Upwork is not a party to the dealings between Subscriber and Freelancer, including the substantive terms of posts, the selection of a Freelancer, the decision to contract with a Freelancer, and the performance or receipt of Freelancer Services or provisioning of Freelancer Work Product; (ii) Upwork does not, in any way, supervise, direct, or control the Freelancer or Freelancer Services; (iii) Upwork makes no representations as to the quality, security, or legality of any Freelancer Services or Freelancer Work Product, and Upwork disclaims any and all liability relating thereto; (iv) Upwork merely makes the Platform available to enable Freelancers to identify and determine the suitability of clients at Freelancers’ discretion and to enable clients, such as Subscriber, to identify and determine the suitability of Freelancers at Subscriber’s discretion; (v) Upwork does not set Freelancer’s work hours, work schedules, or location of work, nor is Upwork involved in determining if the Freelancer fees will be set at an hourly or fixed rate, or what those rates will be; (vi) Upwork will not provide Freelancer with training or any equipment, tools, labor, or materials needed to complete their work; (vii) Upwork does not provide the premises at which the Freelancer will perform the work; (viii) if there is a dispute between Subscriber and Freelancer, that dispute is solely between Subscriber and the Freelancer and Upwork will not be responsible or liable with respect to such dispute except for the dispute assistance described in Section 2.2.5 (Work Protection Program); (ix) Upwork is not an employer of or joint employer or integrated or single enterprise with any independent contractor Freelancer or Subscriber; and (x) unless otherwise agreed as part of the relevant Engagement, independent contractor Freelancers may hire employees or engage contractors or subcontractors (at his or her sole expense) to assist with providing the Freelancer Services. Upwork makes no representations about and does not guarantee the truth or accuracy of Freelancer’s listings on the Platform; the ability of Freelancers to deliver the Freelancer Services; or that Subscriber or Freelancer can or will actually complete a transaction.

Appears in 5 contracts

Samples: Master Subscription Agreement, Master Subscription Agreement, Master Subscription Agreement

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Subscriber Acknowledgements. Other than as stated in this Agreement, Subscriber expressly acknowledges, agrees, and understands that: (i) Upwork is not a party to the dealings between Subscriber and Freelancer, including the substantive terms of posts, the selection of a Freelancer, the decision to contract with a Freelancer, and the performance or receipt of Freelancer Services or provisioning of Freelancer Work Product; (ii) Upwork does not, in any way, supervise, direct, or control the Freelancer or Freelancer Services; (iii) Upwork makes no representations as to the quality, security, or legality of any Freelancer Services or Freelancer Work Product, and Upwork disclaims any and all liability relating thereto; (iv) Upwork merely makes the Platform available to enable Freelancers to identify and determine the suitability of clients at Freelancers’ discretion and to enable clients, such as Subscriber, to identify and determine the suitability of Freelancers at Subscriber’s discretion; (v) Upwork does not set Freelancer’s work hours, work schedules, or location of work, nor is Upwork involved in determining if the Freelancer fees will be set at an hourly or fixed rate, or what those rates will be; (vi) Upwork will not provide Freelancer with training or any equipment, tools, labor, or materials needed to complete their work; (vii) Upwork does not provide the premises at which the Freelancer will perform the work; (viii) if there is a dispute between Subscriber and Freelancer, that dispute is solely between Subscriber and the Freelancer and Upwork will not be responsible or liable with respect to such dispute except for the dispute assistance described in Section 2.2.5 (Work Protection Program)dispute; (ix) Upwork is not an employer of or joint employer or integrated or single enterprise with any independent contractor Freelancer or Subscriber; and (x) unless otherwise agreed as part of the relevant Engagement, independent contractor Freelancers may hire employees or engage contractors or subcontractors (at his or her sole expense) to assist with providing the Freelancer Services. Upwork makes no representations about and does not guarantee the truth or accuracy of Freelancer’s listings on the Platform; the ability of Freelancers to deliver the Freelancer Services; or that Subscriber or Freelancer can or will actually complete a transaction.

Appears in 1 contract

Samples: Master Subscription Agreement

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Subscriber Acknowledgements. Other than as stated in this Agreement, Subscriber expressly acknowledges, agrees, and understands that: (i) Upwork is not a party to the dealings between Subscriber and Freelancer, including the substantive terms of posts, the selection of a Freelancer, the decision to contract with a Freelancer, and the performance or receipt of Freelancer Services or provisioning of Freelancer Work Product; (ii) Upwork does not, in any way, supervise, direct, or control the Freelancer or Freelancer Services; (iii) Upwork is not a party to any Service Contract and will not have any liability or obligations under or related to Service Contracts for any acts or omissions by Freelancers; (iv) Upwork makes no representations as to the quality, security, or legality of any Freelancer Services or Freelancer Work Product, and Upwork disclaims any and all liability relating thereto; (ivv) Upwork merely makes the Platform available to enable Freelancers to identify and determine the suitability of clients at Freelancers’ discretion and to enable clients, such as Subscriber, to identify and determine the suitability of Freelancers at Subscriber’s discretion; (vvi) Upwork does not set Freelancer’s work hours, work schedules, or location of work, nor is Upwork involved in determining if the Freelancer fees will be set at an hourly or fixed rate, rate for a Service Contract or what those rates will be; (vivii) Upwork will not provide Freelancer with training or any equipment, tools, labor, or materials needed to complete their work; (viiviii) Upwork does not provide the premises at which the Freelancer will perform the work; (viiiix) if there is a dispute between Subscriber and Freelancer, that dispute is solely between Subscriber and the Freelancer and Upwork will not be responsible or liable with respect to such dispute except for the dispute assistance described in Section 2.2.5 (Work Protection Program)dispute; (ixx) Upwork is not an employer of or joint employer or integrated or single enterprise with any independent contractor Freelancer or Subscriber; and (xxi) unless otherwise agreed as part of the relevant Engagement, independent contractor Freelancers may hire employees or engage contractors or subcontractors (at his or her sole expense) to assist with providing the Freelancer Services. Upwork makes no representations about and does not guarantee the truth or accuracy of Freelancer’s listings on the Platform; the ability of Freelancers to deliver the Freelancer Services; or that Subscriber or Freelancer can or will actually complete a transaction.

Appears in 1 contract

Samples: Master Subscription Agreement

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