Freelancer Agreement

HEAT is a platform for processing data using a hybrid workforce of humans and machines. As a freelancer, HEAT can be an opportunity for you to use your skills and earn money by handling tasks sent to you through the platform.

Eligibility

To be able to receive tasks, you must register for an account. To have an account you must be 18 years or older and form legally binding contracts. By registering for an account, by using the site, or by clicking to accept the Terms of Service when prompted on the registration process, you agree to abide by this User Agreement. HEAT reserves the right, in its sole discretion, to refuse, suspend, or revoke your access to your account. You represent that you are not: (a) a citizen or resident of a geographic area in which access or use of the site is prohibited by any law; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) 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. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using your account.

Identity verification

When you register for an account and from time to time thereafter, your account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity. You authorize HEAT, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business.

As part of the identity verification process, you will be required to provide:

  • A valid government issued photo-ID that includes a photo of ther person, full name, ID number, Date of birth.
  • Home address and phone number
  • Paypal, Payoneer or Upwork account
  • Signed W8 or W9 forms

In addition, while actively working on live tasks, the system will occasionally pause the flow of work and trigger a request to generate a webcam-based face snapshot which will be compared to previous shots.

Confidentiality

All information, disclosed to you or otherwise obtained by you, in direct or indirect relation to your work with HEAT,  whether in tangible form (including electronic or magnetic media) or verbally shall be deemed as confidential information. You hereby commit to hold all confidential information in complete confidence and to never disclose, share, copy, reproduce, keep, translate, process, or pass all or any part of it to anyone who is not an official HEAT employee. All of your work in relation to HEAT, including the handling of all information given to you and then submitted back to HEAT after processing, must be conducted through the software provided to you by HEAT for this purpose.  Your obligation described in this clause is perpetual, and shall survive termination of any engagement or agreement between you and HEAT, for any reason whatsoever.

Username and password

You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You authorize HEAT to assume that the only person using the account with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password. You further agree not to use any username, or password of another user on the site.

Payment Terms

HEAT pays all freelancers on the 3rd of every month. Earnings are calculated and paid in U.S. Dollars. The supported methods of payment are Payoneer, PayPal or Upwork. Fees incurred during payment will be deduced, by the service facilitating the payment, out of the total amount paid to you. Fees may vary between the various services, it is up to you to stay updated with fee rates.

Relationship with HEAT

Your relationship with HEAT is that of an independent contractor. You represent and warrant that you will provide services to HEAT as such, and not as an agent or employee of HEAT. Neither party shall be able to bind the other party or be liable for any obligation or debt incurred by the other. You will perform the Services under the general direction of HEAT, but you will determine, in your own discretion, the manner and means by which the services are accomplished, provided that you at all times comply with applicable law.

You hereby agree that you will not be entitled to any compensation, options, stock or other rights or benefits accorded to HEAT employees, waive any right to them and promise never to claim them. You represent and warrant that the service you provide will be of professional quality and performed consistently with generally accepted industry standards. There exists no actual or potential conflict of interest concerning the services you will provide. You hereby state that performance under this agreement does not require the breach of any agreement or obligation to keep in confidence the proprietary information of another party. You hereby state that you will comply with all applicable laws and regulations, HEAT’s environmental, health, and safety (“EHS”) procedures. HEAT does not set your work hours, work schedules, or location of work. HEAT does not provide the premises at which you will perform the work. HEAT does not deduct any amount for withholding, unemployment, Social Security, or other taxes from you as a Freelancer. You are solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to your performance of services.

Limitation of liability

HEAT is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:

  • your use of or your inability to use our site or services;
  • delays or disruptions in our site or services;
  • viruses or other malicious software obtained by accessing, or linking to, our site or services;
  • glitches, bugs, errors, or inaccuracies of any kind in our site or services;
  • damage to your hardware device from the use of the site or services;
  • a suspension or other action taken with respect to your account;

ADDITIONALLY, IN NO EVENT WILL HEAT, OUR AFFILIATES, OUR LICENSORS, OUR USERS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF HEAT, OUR AFFILIATES, OUR LICENSORS, OUR USERS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $2,500; OR (B) ANY FEES RETAINED BY HEAT WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT OR FREELANCER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Agreement term and termination

Both you and HEAT, may terminate this agreement at any time, without explanation, upon written notice. To initiate termination please send an email to workforce@heatintelligence.com