I. General Provisions
- The Freelance section of mql5.com website is the service for fulfilling Orders of programming in MQL4 and MQL5.
- The Freelance service is available to registered users of MQL5.com aged 18 and older.
- To search for developers who are ready to write a program, an Order needs to be placed.
- A user who has placed an Order is hereinafter referred to as the Customer.
- To take part in the competition for the Order, a proposal to perform the work needs to be posted in an Application to the Order.
- Only verified users can apply for Order execution. A user needs to register as a Seller in order to get the status of a verified user.
- A user who has placed an Application is hereinafter referred to as the Applicant.
- The Customer chooses one of the Applications, and begins to negotiate the details of the Order with the Applicant who have submitted this Application.
- An Applicant selected to perform the work under the Order is hereinafter referred to as the Developer.
- All details of the Order are provided in the Requirements Specification.
- Job description should be complete, meaningful and contain at least 30 words. Replication of phrases via copy and paste is prohibited.
- If no conditions for transferring exclusive rights to the program developed via the Freelance service are set in the requirements specification, all the exclusive rights to the ordered software belong to the Customer. In that case, the Developer can use the developed software for his or her own needs on the terms of a free and simple (non-exclusive) license within the entire duration of the exclusive right.
- Using the Freelance service to place and execute the Orders violating the law (decompilation, creating malware or spyware, etc.) is forbidden.
- The Administration has the right to stop execution or remove any Order from the Freelance service without giving any reason.
Fulfilling Orders outside of the Freelance service
- You can use the Freelance service only for its intended purpose -
carrying out all necessary works and making payments for published
Orders. Searching for customers and developers in the Freelance service
in order to perform a work outside of the service is forbidden.
- Customers and Applicants cannot exchange contact data in
any form before concluding a Work Agreement. Violators are banned from
participating in the Freelance.
- Carrying out works and payments for Freelance Orders outside of the service is forbidden. Violators lose access to all MQL5.com website services.
- The Administration has the right to ban violators from
participating in the Freelance service without any explanation after an
II. Execution of Orders
- An Order passes through the following execution steps:
- Work Agreement
- Requirements Negotiation
- Work Acceptance
- At each step, the Customer and the Developer shall confirm the fulfillment of their obligations on this step.
- Only after the confirmation of both parties involved in the Order, they can go to the next step.
- Only one Developer can be selected for each Order.
- Upon the completion of step Requirements Negotiation, on the Customer's account, a sum of money will be locked in to cover the Order payment after the completion of step Work Acceptance.
- Payment for the completed Order will be made automatically from the Customer's account to the Developer's account after the Customer confirms the step of Work Acceptance.
- In case any disputes arise out of the Order execution, any of the parties may request arbitration to resolve the conflict.
- During arbitration, the basis for decision making is only the Requirements Specification.
III. Description of Steps
- Work Agreement
- Several Applications may be posted for one Order; the Customer may select only one of them to execute the Order.
- For each Application, a separate discussion topic is created, available only to the Customer and the Applicant/Developer.
- The ultimate goal of such discussion is concluding the Work Agreement to move to the step of Requirements Negotiation.
- Requirements Negotiation
- To finalize details of the Order, discussion continues on the step of Requirements Negotiation.
- The purpose of discussions between the Customer and the Developer is the approval of the requirements specification for the Order.
- The Customer publishes the negotiated Requirements Specification as a separate message right before its approval. This message should begin with words "Requirements Specification".
- No other preliminary agreements, written or oral, not included in the requirements specification, have force in carrying out the work.
- The Customer shall not demand performance of works not described in the requirements specification.
- The requirements specification and the system comments of each step confirmation are the main source governing resolution of any claims and disputes arising during the work.
- After both parties approve the Requirements Specification, the payment for the Order is locked on the Customer's account in the Payment System.
- The Customer may cancel the previously selected Developer and select a new one, provided the requirements specification has not been approved yet.
- The Developer provides a Prototype or Model of the ordered solution to the Customer, in order to agree on the operation mode and/or appearance.
- The Prototype/Model is not required to contain the entire functionality described in the requirements specification, being only an outline or draft.
- On this step, the Customer and the Developer shall specify the fine details of the final order, which does not affect the overall operation of the ordered solutions, but can bring additional comfort during utilization.
- For the Prototype, the Developer can provide outlines, configuration dialogs, templates of information panels positioning, examples of technical messages to print in the "Experts" journal and so on.
- The ultimate goal of the discussion at this step is the approval of an agreement on how a complete solution should look like.
- Before delivering the work to the Customer, the Developer shall demonstrate the operation of the complete solution.
- The parties may have further discussions to fix detected errors or add some clarifications.
- The ultimate goal is the approval of the Customer that the presented materials allow the transfer of work from the Developer to the Customer.
- Specific details of what is a demonstration and criteria of checking whether a solution complies with the Order, must be specified in the Requirements Specification.
- Work Acceptance
- The completed work is delivered by way of providing files. The number of files is not limited. Files with *.dll extension are delivered only in a compressed form
- The files shall be posted right in the Order attached to the comments.
- The required sum of money is automatically deducted from the Customer's account and added to the Developer's account by the Payment System upon the Customer's confirmation of the work delivery or the recognition of the Order as fulfilled after the expiry of the work acceptance period.
- All payments are made in the internal payment system of the MQL5.com website, hereinafter referred to as the Payment System.
- The Customer and the Developer must have an account in the Payment System.
- For account opening, registration on MQL5.com is required.
- You can deposit and withdraw funds from the Payment System via WebMoney and PayPal.
- Upon completion of the job the Customer's account is automatically charged 100% of the amount blocked in relation to this job. At the same time, this amount less 10% commission is transferred to the Developer's account in payment for the completed job.
- The payment for a completed work transferred to the account of the Developer shall be frozen for a week for approval. If no payment violations are revealed during the approval period, the amount transferred by the Customer is automatically unlocked within the specified period of time and can be withdrawn from the Developer's account.
- When resorting to Arbitration, a 10% commission will be withheld from the amount blocked in the Customer's account for a job in question, regardless of in whose favor the decision was made. Cancellation of the job in favor of the Customer does not revoke the deduction of the commission.
V. Arbitration Order
- If dispute arises between the Customer and the Developer, which cannot be solved without the involvement of a third party, any of the parties may apply to arbitration.
- Arbitration of disputes is based only on the Requirements Specification and system comments on the confirmation of each step.
- The term of accepting the arbitration application is 10 working days. The term of making a decision of the arbitration is not regulated and depends on the actual circumstances of the situation in question.
- If necessary, outside experts may be involved and additional materials may be requested. The decision of such a necessity is taken by the resource Administration.
- The situation in arbitration is discussed and the decision is made directly in the relevant Application.
- The decision of the arbitration shall be final and binding both for the Customer and the Developer.
- The arbitration may make one of three decisions:
- To complete the job in favor of the Developer: 100% of the amount blocked for a job in question is deducted from the Customer's account, while 90% of this amount is transferred to the Developers account and 10% is the service commission. The job is classified as "Completed" and the feedback can only be given by the Developer.
- To cancel the job in favor of the Customer: 10% of the amount blocked for a job in question is deducted from the Customer's account, while the remaining 90% is released; no amount is transferred to the Developer's account and the service commission is 10%. The job is classified as "New" and becomes available to new Developers; the feedback can only be given by the Customer.
- To lay the blame for the situation on both parties and split the money in half: 50% of the amount blocked for a job in question is deducted from the Customer's account, with the remaining 50% being released; the Developer receives 40% of the amount specified in the Agreement and 10% is the service commission. The job is classified as "New" and becomes available to new Developers; the feedback can be given by both parties - the Developer and the Customer.
VI. Liability of the Parties
- The Administration shall not be liable for any direct or consequential loss, as well as for lost profits from the operation of a completed Order developed via the Freelance service.
- Any actions that threaten the operation of the mql5.com web site services for other users.
- Interception, imitation or redirection of the communication protocols used as a part of mql5.com web site services regardless of the method of performing the above actions.
- Working with mql5.com web site services via a third-party modified interface provided neither by MQL5 Ltd. on www.mql5.com web site nor by MetaQuotes in its software.
- Development or use of means for fraud, modifiers, hacking tools, decompilers, as well as any other third-party software to illegally modify the operation of mql5.com web site services, MetaQuotes software and programs written in MQL4 and MQL5.
- The use of any third party software that intercepts, collects or otherwise gathers information included in mql5.com web site services or transmitted through it.
- Using third-party accounts.
- Use of the Freelance service for carrying out any fraudulent financial transactions, including creation of fictitious jobs for making third-party payments. Any correspondence between the Customer and the Developer, as well as submission of order execution results must be made directly in the conducted work on the mql5.com web site.
- Submission of poor quality code to the Customer, as well as absence of order execution results.
- Performing attacks on any of MQL5 Ltd. or MetaQuotes servers, participation in such attacks or engaging in them, as well as other attempts to hinder the servers operation.
- Copying, selling, licensing, distribution, transmission, modifying, adaptation, translation, development of derivative products, decompilation, reverse engineering, disassembling or other illegal actions directed to deriving source codes of third party software distributed via mql5.com web site services, unless otherwise permitted.
- Taking any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in Products.
- Using mql5.com web site services to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights.
- Removal, obscuring or altering copyright notices, trademarks, or other proprietary rights notices of MQL5 Ltd., MetaQuotes or any third party.
- Reproduction, copying, selling, exchange and reselling the content of mql5.com web site services, unless otherwise permitted by a separate agreement with MQL5 Ltd.
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