Terms of Service

TERMS OF SERVICE

This Service is provided by Urrgent Technology (“Urrgent” or “We” or “Our”), including our website www.urrgent.com. This Terms of Service outlines Our’s and Your obligations and responsibilities on the Urrgent Platform.

Urrgent operates an online platform allowing Users to connect through the Urrgent Platform with other Users who provide Services.

Please read these terms and all Policies including the Privacy Policy and the Community Guidelines carefully before using the Urrgent Platform. These Policies are incorporated into this Agreement by reference.

By using our Service, you agree to comply with and be bound by the following Terms of Service together with our Privacy Policy and any other documents referred to therein. If you do not agree to these Terms and Conditions, you must not use our Services.

We reserve the right to amend these Terms of Service from time to time. Any changes will be posted on our Services. Your continued use of our Services after posting will constitute your acceptance of, and agreement to, any changes. Specific services that we offer, or make available to you, may also be governed by additional or alternative terms and conditions with us, or other third parties.

  1. SCOPE OF OUR SERVICES
    1. We provide the Urrgent Platform to enable Freelancers to publish Posted Tasks.
    2. Clients may make an Offer in response to a Posted Task. Some parts of Offer details may be made publicly available, including to internet users who are not Users.
    3. A Freelancer may revoke or modify a Posted Task at any time before he/she accepts an Offer. We reserve the right to cancel all Offers on a Posted Task made prior to the modification or amendment.
    4. If a Freelancer accepts an Offer on the Urrgent Platform, a Service is created between the Freelancer and the Client.
    5. Upon creation of a Service, the Client must pay the Agreed Price into the Escrow Account.
    6. Upon creation of the Service, Urrgent has rendered Services and the Service Fee is due and payable.
    7. Once the Service is created, the Freelancer and Client may vary the Service on the Urrgent Platform. The Client and Freelancer are encouraged to use Urrgent’ private messaging system to amend or vary the Service (including the Agreed Price) or to otherwise communicate.
    8. Once the Services are complete, the Freelancer must provide notice of that on the Urrgent Platform.
    9. Once the Services are complete, the Client must provide notice of that on the Urrgent Platform.
    10. Once the Posted Task has been completed and the Client confirms the Services are completed, or if Urrgent is satisfied the Services have been completed, the Freelancer’s Funds will be released from the Escrow Account.
    11. After the Service is completed, the parties are encouraged to review and provide feedback of the Services on the Urrgent Platform.
    12. Urrgent may provide a feature enabling Users to request Services based on another User’s skills, reputation or other attributes. When this occurs, that User will be automatically notified of the new Posted Task, and that the Client would like the User to make an Offer to supply Services. However, that User will not have any further special rights and will need to follow the normal offer process to become the Freelancer for the Posted Task.
    13. Urrgent may also provide a Search Assist feature enabling Clients to submit an Offer for Services.
    14. An Offer submitted by a Client using Search Assist may be notified to other Users and such Users may elect to make an Instant Claim of it.
    15. When using Search Assist a Service is created when a Freelancer makes an Instant Claim.
    16. A Client may revoke or modify its Offer in using Search Assist at any time before a Freelancer makes an Instant Claim. Urrgent reserves the right to cancel all Posted Tasks made prior to the modification or amendment.
  1. OUR ROLE AND OBLIGATIONS
    1. We provide the Urrgent Platform only, enabling Users to publish Posted Tasks and make Offers on Posted Tasks.
    2. Urrgent only permits individuals over 18 years of age to become Users.
    3. Users must be natural persons, but can specify within their account description that they represent a business entity.
    4. At its absolute discretion, Urrgent may refuse to allow any person to register or create an account with Urrgent or cancel or suspend any existing account.
    5. Registering and creating an account with Urrgent is free. There is no charge for a Client to post tasks, or for other Urrgent Users to review content on the Urrgent Platform, including Posted Tasks.
    6. Urrgent accepts no liability for any aspect of the Client and Freelancer interaction, including but not limited to the description, performance or delivery of Services.
    7. Urrgent has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Freelancers to perform tasks or supply items, or the honesty or accuracy of any information provided by Clients or the Clients’ ability to pay for the Services requested.
    8. Except for liability in relation to any Non-excludable Condition, the Our Service is provided on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
    9. Urrgent has no obligation to any User to assist or involve itself in any dispute between Users, although we may do so to improve User experience.
  1. USER OBLIGATIONS
    1. Users will at all times:
  1. comply with this Agreement (including all Policies) and all applicable laws and regulations;
  2. only post accurate information on the Urrgent Platform;
  3. ensure that You are aware of any laws that apply to You as an Client or Freelancer, or in relation to using the Urrgent Platform.
    1. You agree that any content (whether provided by Urrgent, a User or a Third-Party) on the Urrgent Platform may not be used on Third-Party sites or for other business purposes without Urrgent’ prior permission.
    2. You must not use the Urrgent Platform for any illegal or immoral purpose.
    3. You must maintain control of Your Urrgent account and must not deal your account in any way, including by allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
    4. You grant Urrgent an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Urrgent Platform for the purpose of publishing material on the Urrgent Platform and as otherwise may be required to provide the Urrgent Service, for the general promotion of the Urrgent Service, and as permitted by this Agreement.
    5. You agree that any information posted on the Urrgent Platform must not, in any way whatsoever, be potentially or actually harmful to Urrgent or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Urrgent.
    6. Without limiting any provision of this Agreement, any information You supply to Urrgent or publish in a Posted Task (including as part of an Offer) must be up to date and kept up to date and must not:
  1. be false, inaccurate or misleading or deceptive;
  2. be fraudulent or involve the sale of counterfeit or stolen items;
  3. infringe any Third-Party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
  4. violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);
  5. be defamatory, libelous, threatening or harassing;
  6. be obscene or contain any material that, in Urrgent’ sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
  7. contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Urrgent Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
    1. Urrgent Platform may from time to time engage location-based or map-based functionality. The Urrgent Platform may display the location of Clients and Freelancers to persons browsing the Urrgent Platform. Client may be asked to provide the street and suburb where the Services are to be delivered. A Client should never disclose personal details such as the Client’s full name, street number, phone number or email address in a Posted Task or in any other public communication on the Urrgent Platform.
    2. If You are a Freelancer, You must have the right to provide Services and to work in the United States. You must comply with tax and regulatory obligations in relation to any payment (including Freelancer Funds) received for Services provided.
    3. You must not, when supplying Services, charge an Client any fees on top of the Freelancer Funds. However, the parties may agree to amend the Agreed Price through the Urrgent Platform.
    4. You must not request payments outside of the Urrgent Platform from the Client except to the extent permitted by clause 3.12 and only if the Urrgent Platform does not facilitate the reimbursement via the Escrow Account of costs considered in clause 3.12.
    5. If Urrgent determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the rights to remove any content, Posted Task or Offer You have submitted to the Urrgent Service or cancel or suspend Your account and/or any ongoing Services.
  1. FEES
    1. Upon the creation of a Service, the Client pays Urrgent the Service Fee and Processing Fee. The Service Fee and Processing Fee will automatically be charged at the point of purchase.
    2. Fees do not include any fees that may be due to Third-Party Service providers. All Third-Party Service providers are paid pursuant to a User’s separate agreement with that Third-Party Service provider.
    3. All Service Fee and Processing Fee charges payable to Urrgent are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.
    4. If Urrgent introduces a new service on the Urrgent Platform, the Fees applying to that service will be payable as from the launch of the service.
    5. Urrgent may set-off any Fees against any Freelancer Funds or other amounts held by Urrgent on behalf of a User.
    6. Urrgent may restrict a User’s account until all Fees have been paid.
  1. PAYMENTS AND REFUNDS 
    1. If:
  1. the Client and the Freelancer mutually agree to cancel the Service; or
  2. following reasonable attempts by a Client to contact a Freelancer to complete the Service, the Service is cancelled; and
  3. Urrgent determines that the Agreed Price should be returned to the Client,

then, subject to clause 5.3, Urrgent will pay the Freelancer Funds held in the Escrow Account to the Client equal to the price of Service. Urrgent may also provide to the Client, on behalf of the Freelancer, up to the value of the Service Fee + Processing Fee collected in connection with the Service.

    1. If a Service is cancelled:
  1. Urrgent will retain the Service Fee and Processing Fee in accordance with clause 4.1; and
  2. the cancellation will be attributed to the Freelancer unless the Freelancer can provide evidence to Urrgent’ satisfaction (in its sole opinion) that the Client caused the cancellation of the Service.

If cancelled by the Client after delivery of service by the Freelancer (as determined by this clause), the Client will receive a refund up to 14 days following a resolution. Urrgent may agree to refund the Service Fee to the Freelancer. Abuse of this policy will result in account termination and any work produced or delivered by the Freelancer MAY NOT be used by the client.

    1. If the parties agree to any additional cancellation fee payable under the Service, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
    2. Following resolution of a cancelled Task Contact in accordance with clause 5.1, Urrgent may take up to 14 days to return the Agreed Price (less the Service + Processing Fees, if applicable) to the Client.
    3. If, for any reason, the Freelancer Funds cannot be transferred or otherwise made to the Freelancer or returned to the Client (as the case may be) or no claim is otherwise made for the Freelancer Funds, the Freelancer Funds will remain in the Escrow Account until paid or otherwise for up to three months from the date the Client initially paid the Agreed Price into the Escrow Account.
    4. Following the 3 months referred to in clause 5.6, and provided there is still no dispute in respect of the Freelancer Funds, the Freelancer Funds will be refunded to the Client.
  1. BUSINESS PARTNERS
    1. Urrgent may enter into agreements with Business Partners and may seek to engage Freelancers in the provision of Business Services. Freelancers who agree to perform Business Services for Business Partners acknowledge and agree that Urrgent and the Business Partner may on-sell Services supplied to third parties for an increased fee.
    2. Business Partners may require Freelancers providing Business Services to be approved or hold particular qualifications. Urrgent may assist Business Partners to locate suitably qualified Freelancers. Urrgent makes no warranty that it will promote any or all suitably qualified Freelancers to Business Partners.
    3. Where a Freelancer accepts a Posted Task with a Business Partner:
  1. the Freelancer must provide Business Services to the Business Partner in accordance with the Service; and
  2. the terms of the Business Partner Service will prevail to the extent of any inconsistency.
  1. PAYMENT FACILITY
    1. Urrgent may use an Escrow Provider to operate the Escrow Account.
    2. In so far as it is relevant to the provision of the Escrow Account, the terms are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Escrow Account.
    3. If Urrgent changes its payment provider or Escrow Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
  1. THIRD-PARTY SERVICES
    1. Urrgent may from time to time include Third-Party Services on the Urrgent Platform. These Third-Party Services are not provided by Urrgent.
    2. Third-Party Services are offered to Users pursuant to the Third-Party’s terms and conditions. Third-Party Services may be promoted on the Urrgent Platform as a convenience to our Users who may find the Third-Party Services of interest or of use.
    3. If a User engages with any Third-Party Service provider, the agreement will be directly between the User and that Third-Party Service provider.
    4. Urrgent makes no representation or warranty as to the Third-Party Services. However, to help us continue to improve our Urrgent Platform, Users may inform Urrgent of their Third-Party Service experience here.
  1. BADGES
    1. Urrgent is all about helping Freelancers leverage their skills. We seek to empower top performing Freelancers with helpful tools to grow their Services. Freelancers who deliver their Services on time and maintain high quality and ratings, Urrgent may reward them with new levels and badges that comes with it.
  1. FEEDBACK
    1. You submit complaint about any comment made on the Urrgent Platform using the ‘Report’ function of the Urrgent Platform or contact Urrgent via the Urrgent Platform.
    2. Urrgent is entitled to suspend or terminate Your account at any time if  Urrgent, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Urrgent Users.
  1. LIMITATION OF LIABILITY
    1. Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Urrgent specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Clients and Freelancers.
    2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Urrgent specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third-Party Service provider who may be included from time to time on the Urrgent Platform.
    3. Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Urrgent is not liable for any Consequential Loss arising out of or in any way connected with Our Services.
    4. Except for liability in relation to a breach of any Non-excludable Condition, Urrgent’ liability to any User of the Urrgent Service is limited to the total amount of payment made by that User to Urrgent during the twelve month period prior to any incident causing liability of Urrgent, or $35, whichever is greater.
    5. Urrgent’ liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
  1. PRIVACY
    1. Urrgent’ Privacy Policy, which is available at https://www.urrgent.com/privacy-policy, applies to all Users and forms part of this Agreement. Use of the Urrgent Platform confirms that You consent to, and authorize, the collection, use and disclosure of Your Personal Information in accordance with Urrgent’ Privacy Policy.
    2. Third-Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a Third-Party, You must review and agree to their terms of service including their privacy policy.
    3. Urrgent will endeavour to permit you to transact anonymously on the Urrgent Platform. However, in order to ensure Urrgent can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Urrgent reserves the right to ask Users to verify themselves in order to remain a User.
  1. MODIFICATIONS TO THE AGREEMENT
    1. Urrgent may modify this Agreement or the Policies (and update the Urrgent pages on which they are displayed) from time to time. Urrgent will send notification of such modifications to Your Urrgent account or advise You the next time You login.
    2. When You actively agree to amended terms (for example, by clicking a button saying “I accept”) or use the Urrgent Platform in any manner, including engaging in any acts in connection with a Service, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
    3. If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Urrgent who will terminate Your Urrgent account, and stop using the Urrgent Service.
  1. NO AGENCY
    1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Urrgent, its related entities or affiliates in any way whatsoever. Urrgent confirms that all Third-Party Services that may be promoted on the Urrgent Platform are provided solely by such Third-Party Service providers. To the extent permitted by law, Urrgent specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.
  1. NOTICES
    1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Urrgent’ contact address as displayed on the Urrgent Platform, or to Urrgent Users’ contact address as provided at registration. Any notice shall be deemed given:
  1. if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
  2. if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside United States.
    1. Notices related to performance of any Third-Party Service must be delivered to such Third-Party as set out in the Third-Party Service provider’s terms and conditions.
  1. MEDIATION AND DISPUTE RESOLUTION
    1. Urrgent encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Urrgent may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
    2. If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
    3. Urrgent may elect to assist Users resolve disputes. Any User may refer a dispute to Urrgent. You must co-operate with any investigation undertaken by Urrgent. Urrgent reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Escrow Provider to make payment accordingly. You may raise your dispute with the other User or Urrgent’ determination in an applicable court or tribunal.
    4. Urrgent has the right to hold any Agreed Price that is the subject of a dispute in the Escrow Account, until the dispute has been resolved.
    5. Urrgent may provide access to a Third-Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third-Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third-Party Dispute Service will be available on request. The Third-Party Dispute Service is a Third-Party Service and Users are responsible for paying any costs associated with the Third-Party Dispute Service in accordance with the Third-Party Dispute Service terms and conditions.
    6. Disputes with any Third-Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third-Party Service provider.
    7. If You have a complaint about the Urrgent Service please contact us here.
    8. If Urrgent provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Urrgent against any claims relating to any other use of information not permitted by this Agreement.
  1. TERMINATION
    1. Either You or Urrgent may terminate your account and this Agreement at any time for any reason.
    2. Termination of this Agreement does not affect any Service that has been formed between Urrgent Users.
    3. Third-Party Services are subject to Third-Party Service provider terms and conditions.
    4. Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature shall continue to apply, will survive any termination or expiration of this Agreement.
    5. If Your account or this Agreement are terminated for any reason then You may not without Urrgent’ consent (in its absolute discretion) create any further accounts with Urrgent and we may terminate any other accounts You operate.
  1. GENERAL
    1. This Agreement is governed by the laws of the State of Georgia, without conflict of laws. You and Urrgent submit to the exclusive jurisdiction of the courts in Georgia.
    2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
    3. This Agreement may be assigned or novated by Urrgent to a Third-Party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
    4. This Agreement sets out the entire understanding and agreement between the User and Urrgent with respect to its subject matter.

Last Updated on August 12th, 2020.