SyncupPro Website. June 01, 2024 V1.0
This SyncupPro website is owned and operated by Emas Inc. (“We”, “Us, “Company” “Emas Inc.” or “SyncupPro”), a Wyoming C Corporation. This website Terms of Service (ToS) also referred here in as Terms and Conditions (“ToS”) apply to your access and use ofwww.syncuppro.com (the “Site”), including all software, data, reports, text, images, sounds, video, and content made available through any portion of the Site (collectively, the “Content”). Content includes all such elements as a whole, as well as individual elements and portions thereof.
SyncupPro permits you (“User” or “you” or “your”) to access and use the Site and Content, subject to these Terms of Service. By accessing or using any portion of the Site, you acknowledge that you have read, understood, and agree to be bound by these ToS. If you are entering into these ToS on behalf of a company or other legal entity (“User Entity”), you must have the legal authority to contractually bind such User Entity to these ToS, in which case the terms “you” or “your” or “User” will refer to such User Entity. If you lack such legal authority to contractually bind or you do not agree with these ToS, you must not accept these ToS or access or use the site or content.
SyncupPro reserves the right, at its sole discretion, to change or modify portions of these ToS at any time. SyncupPro will post the changes to these ToS on the Site and will indicate at the top of this page the date these terms were last revised. It is your responsibility to check the ToS periodically for changes. Your continued use of the Site and Content after the date any such changes become effective constitutes your acceptance of the new or revised ToS.
Authorization to Access and Use Site and Content. Subject to your compliance with these ToS and the provisions hereof, you may access or use the Site and Content solely for the purpose of your evaluation of SyncupPro and SyncupPro’s products and services. You may only link to the Site or Content, or any portion thereof, as expressly permitted by SyncupPro.
Ownership and Restrictions.All rights, title and interest in and to the Site and Content will remain with and belong exclusively to SyncupPro. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Site and any Content available to any third party, (b) use the Site and Content in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components, or (c) modify, adapt or hack the Site and Content to, or try to, gain unauthorized access to the restricted portions of the Site and Content or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and Content, or any other products or services of SyncupPro that are not readily made available to the general public).
You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Site and Content, except that you may download, display, and print one copy of the publicly available materials (i.e., the Content that does not require an Account name or password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. You agree not to access the Site or Content by any means other than through the interface that is provided by SyncupPro to access the same. You may not use any “page-scrape,” “deep-link,” “spider,” or “robot or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the presentation or navigational structure of the Site or any Content, to obtain or attempt to obtain any Content or other information through any means not made generally available through the Site by SyncupPro. SyncupPro reserves the right to take any lawful measures to prevent any such activity. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SyncupPro on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Responsibility for Your Data.You are solely responsible for all data, information and other content, that you upload, post, or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to the Site.
Reservation of Rights. SyncupPro and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Site and Content. SyncupPro grants no rights or licenses (implied, by estoppel, or otherwise) whatsoever to you under these ToS.
Rights in User Content. By posting your information and other content (“User Content”) on or through the Site and Content, you grant SyncupPro a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site and Content. SyncupPro has the right, but not the obligation, to monitor the Site and Content and User Content. SyncupPro may remove or disable any User Content at any time for any reason, or for no reason at all.
Unsecured Transmission of User Content. You understand that the operation of the Site and Platform, including User Content, may be unencrypted and involve transmission to SyncupPro’s third party vendors and hosting partners to operate and maintain the Site and Content. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. SyncupPro will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.
Feedback. You may submit ideas, suggestions, or comments (“Feedback”) regarding the Site and Content or SyncupPro’s business, products or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and SyncupPro may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether SyncupPro considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.
Your Representations and Warranties. You represent and warrant to SyncupPro that your activity on the Site and SyncupPro’s possession and use of User Content as contemplated in these ToS do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is, without limitation, defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
Termination of Access Due to Violations. SyncupPro may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these ToS or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these ToS will cause irreparable harm to SyncupPro, for which monetary damages would be inadequate, and you consent to SyncupPro obtaining any injunctive or equitable relief that SyncupPro deems necessary or appropriate in such circumstances, without limiting SyncupPro’s other available remedies. Further, SyncupPro may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) discontinuance or material modification of the Site or any service offered on or through the Site, or (3) unexpected technical issues or problems.
THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL ERRORS AND DEFECTS AND WITHOUT ANY WARRANTIES OF ANY KIND, AND SYNCUPPRO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT SYNCUPPRO DOES NOT WARRANT THAT YOUR ACCESS OR USE OR BOTH OF THE SITE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND SYNCUPPRO DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND CONTENT. NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM SYNCUPPRO OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE ToS AND YOU SHOULD NOT RELY ON THE SITE AND THE GENERAL CONTENT ALONE AS THE BASIS FOR YOUR BUSINESS DECISIONS.
SyncupPro reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, for any reason; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Exclusion of Damages and Limitation of Liability. SyncupPro will set the fee structure for you to access and use the Site and Content pursuant to these ToS. SyncupPro will post any changes to the fee structure on this T&C Site the Content is comprised of general information and describes some of the basic elements of the SyncupPro service. As consideration for your access and use of the Site and Content pursuant to these ToS, you further agree that SYNCUPPRO WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THIS ToS, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, PLATFORM, MATCHING SERVICES, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF SYNCUPPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE). THE AGGREGATE LIABILITY OF SYNCUPPRO WITH REGARD TO THIS ToS WILL IN NO EVENT EXCEED USD $1.00.
Except as prohibited by applicable law, you agree to defend, indemnify and hold Us and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web Site or the Internet or your purchase(s) or the placement or transmission of any message or information on this Web Site by you or your authorized users or your violation of any law or the rights of a third party.
In the event that you have a dispute with one or more other users of the Web Site, you release Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The use of this website is governed by the laws of the state of Wyoming, USA. Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE JURISDICTIONS, SYNCUPPRO’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THESE ToS ARE MADE UNDER, AND WILL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF GEORGIA APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED SOLELY THEREIN, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAW. In any action between or among any of the parties, whether arising out of these ToS or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in Forsyth County, Georgia; and (b) WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY TRANSACTIONS CONTEMPLATED HEREBY.
You affirm and agree that, given the general and “as-is” nature of the Site and the Content you are not specifically relying on any statements, or materials contained on the Site or in the Content to make any business decisions. Resource allocation and staffing matters are inherent complex and unique. Should you choose to continue your inquiry into whether SyncupPro’s service is right for you, you will have an opportunity to make additional inquiry of SyncupPro and you should make an independent investigation of the suitability of using SyncupPro for your particular business needs. Only after such appropriate due diligence, thorough review of SyncupPro’s service offering including the terms and conditions of SyncupPro’s service agreements, and a through screening of any freelancer SyncupPro proposes to you should you come to any conclusions or make any decisions about whether SyncupPro, or any freelancer proposed by SyncupPro is right for you and your specific project needs or requirements.
These ToS, and any additions, changes, edits and/or modifications made thereto by SyncupPro, together with SyncupPro’s Privacy Policy, constitute the entire agreement between the parties with respect to the portions of the Site available without an account ID or password. Access to certain password-restricted portions of the Site, and any subsequent procurement and use of SyncupPro ‘s services is subject to different, additional agreement(s).
SyncupPro does not conduct business with or seek any commercial transactions with: (x) any entity, citizen or resident of a geographic area in which access to or use of the SyncupPro services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (y) an entity, citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (z) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation (collectively, a “Prohibited Counterparty”). By accessing the Site and the Content you represent and warrant that you are not a Prohibited Counterparty and you will not seek or (attempt to) obtain services from or a commercial relationship with SyncupPro.
These ToS and any additions, changes, edits and/or modifications made thereto by SyncupPro cannot be amended except by SyncupPro as set forth above. The failure of SyncupPro to exercise or enforce any right or provision of these ToS will not be a waiver of that right. Any notices to SyncupPro in connection with this agreement will be made by email transmitted to contact@syncuppro.com provided that you also send a copy of such notice via nationally recognized carrier to Emas Inc. at 3225 McLeod Drive, Las Vegas, NV 89121 , Attn: Legal Department. In the event that any provision of these ToS will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that these ToS will otherwise remain in full force and effect and enforceable.
For the contract milestone approved by the Client, the payment term is net eight (8) days.
The Expert must not request a release of funds before the project is completed. Clients must report any such requests immediately. In these instances, the Expert's account may be temporarily or permanently suspended.
For any payment guarantees to apply, all payments between the Client and the Expert must be processed through SyncupPro platform as outlined in the Contract Lifecycle. This applies only to work sourced on SyncupPro platform.
Attempting to make payments outside of SyncupPro is a violation of the terms of service. Such actions will result in the temporary or permanent suspension of the Client's and/or Expert's accounts. The Expert will be responsible for any loss of business and legal expenses that SyncupPro incurs in recovering the fees. SyncupPro reserves the right to withhold funds in the Expert's account to recover lost fees. Additionally, SyncupPro will not mediate disputes or be liable for any loss of business for either the client or expert resulting from a violation of this clause. Users must report any attempts or offers to make payments outside of SyncupPro by their Client or Expert immediately.
Payments by Clients are routinely checked by SyncupPro for fraud prevention purposes, before any payments are released to the Expert.
All Experts will be required to connect an authorized bank account under their registered legal name on the profile to conduct all banking activity. If the bank name is different from the legal profile name, the user account will be temporarily suspended till payment information is corrected.
For security reasons, SyncupPro reserves the right to request additional information from Clients and Experts, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:
For international bank transfers, credit to the beneficiary may be delayed due to factors such as local bank holidays, intermediary bank delays, or other local conditions. Some countries are designated as “slow-to-pay,” and transfers to these countries may take several days or even weeks to credit the receiving account. Please refer to the complete listing of slow-to-pay countries.
Please note that SyncupPro IS NOT A BANK and does not hold the funds. Funds are processed as per the guidelines listed on our website. Delay in deposit by the recipient's bank will not be a responsibility of SyncupPro platform and the recipient is encouraged to follow up with their banks directly.
If SyncupPro must return funds to the Client (contrary to these Terms and Conditions) upon filing a dispute or a payment reversal through their credit card provider, bank, or PayPal as per terms and condition outlined, SyncupPro will be entitled to recover any such amount from the Expert’s bank account. If there are insufficient funds in the Expert’s account, SyncupPro may recover the amount from the Expert's credit card or other previously used payment methods. If SyncupPro is unable to recover the full amount from the Expert, the Expert agrees to pay the outstanding sum to SyncupPro within 48 hours of the request.
SyncupPro uses third-party service providers, including Stripe, to process payments from Clients and transfer funds to Experts. These third-party providers are regulated and authorized to offer payment services in the countries where they operate. SyncupPro may share your personal or transactional information with these providers when necessary to process payments.
Cancellation of a project
After the immediate start of the contract, either the Client or the Expert may request a cancellation:
Payment for Rejected Work Product
Project Refund policy
A Client is entitled to receive a refund of funds under the following circumstances:
No Response: The Expert has not responded to Milestone within 48 hours (about 2 days) of the start of the contract.
Non-Delivery:
Client and Expert may mutually agree to a refund for reasons other than the clauses mentioned above however authorization of such refunds will be subject to a review by SyncupPro, as defined in Section Refund below.
Client must avoid filing a dispute or reversing payment through their credit card holder, Bank or PayPal. Attempts to seek a refund in this way will lead to the Client's account being automatically suspended.
A Client can request a refund by contacting contact@syncuppro.com. Each request will be reviewed to evaluate the reason and circumstances, ensuring that both parties have complied with these terms and conditions and that the refund request is not an attempt to evade any obligations under these terms of service. If SyncupPro reasonably believes that the parties have not complied with these terms or are attempting to avoid their obligations, SyncupPro is not required to issue the refund.
Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the SyncupPro marketplace as follows:
Clients are encouraged to first settle disputes with Expert directly. If that isn't feasible, SyncupPro Customer Services can help with resolving disputes.
After a client rejects a payment request, the Expert may manually raise a dispute.
Disputes are available to Expert and Clients that have qualified as trusted members of the SyncupPro community.
For payment Disputes specifically, the amounts taken into consideration for the Dispute are the lower of the payment amount of the milestone vs contract.
If the amount disputed is $100 or above, SyncupPro may reach out to both parties in order to mediate and try and bring the Dispute to resolution.
SyncupPro will aim to make a resolution decision on behalf of both parties within seven (7) days. If a mutual resolution has been reached between both parties on the contract, the dispute will be cancelled or resolved in line with the agreement.
In the event of having to make a resolution decision, SyncupPro will review the communication in the platform messaging as sole evidence, and determine:
In the event of having to make a resolution decision on behalf of the parties, SyncupPro will notify both parties within fourteen (14) days of the Dispute. The disputed funds shall be dealt with in accordance with the resolution decision and these terms of service. Dispute is considered resolved once a decision has been made. Decisions made by SyncupPro cannot be re-disputed or appealed.
Users agree and accept that any payments and/or other actions made by SyncupPro in accordance with the resolution decision of a Dispute are made in good faith and Users shall have no cause of action against SyncupPro (whether in contract, or otherwise) in respect of the resolution decision or any such actions or payments made pursuant to it. Users further agree and accept that they have no right to hold SyncupPro liable for a Client or Expert’s alleged actions or failures.
The Client Fees are listed for the use of SyncupPro platform. They do not reflect the outcome of any Expert collaboration and are non-refundable.
Payment Method | Processing Fee | Platform Use Fee |
---|---|---|
Stripe | 2.9% + 30c | 3% |
Credit/Debit card | Upto 3.9% | 3% |
We reserve the right to change our service fees anytime. These changes will be reflected in the updated terms issued by us and will be effective immediately. Users will be informed of these changes immediately.
A platform use fee of 5% + applicable tax will be charged per contract milestone. We reserve the right to change the expert fee structure anytime. Changes to the fee structure will be reflected in payment terms and notify of these changes immediately.
It is important to remember that income earned on SyncupPro must be reported at tax time, regardless of the amount. If you are a US person earning money through SyncupPro, you must report this income on your tax return. For non-US users report income per your country of residence during tax return filing.
Code of Conduct
To ensure a positive experience for all users in the SyncupPro Marketplace, we have established guidelines that outline acceptable and unacceptable practices. It is your responsibility as a SyncupPro Users (Expert and Clients) to comply with these requirements:
Entire Job creation to Contract lifecycle is managed via the Dashboard. The Lifecycle is step by step progression to different stages
Job->Proposal->Offer->Contract. Both Client and Experts can view the lifecycle stages from their respective Dashboards. All direct communication between Client and Expert must go via Messaging to keep both parties protected in case of a Dispute.
Once the Expert completes the work, Client will review, approve /request change and:
In the rare event that a client refuses payment for legitimate service performed by Expert, SyncupPro will provide payment protection to expert as mentioned below Payment terms. The Payment terms protection will be provided only if all of the following criteria are met: