Effective June 1, 2020.
By clicking to accept the Terms of Service on the Site or by continuing to use the Site or the Site Services on or after the effective date noted above, you accept and agree to this Agreement. To the extent permitted by applicable law and except as otherwise provided in the Terms of Service, we may modify this Agreement without prior notice to you, and any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. However, we will provide advance notice of any increase in prices or fees affecting current Users. Please check the Site often for updates.
You are entering into this Agreement with TheHive (also referred to as “we” and “us”).
2. Fees Charged to Freelancers
Pursuant to the User Agreement, we charge Freelancers a Service Fee for each payment their Client makes to the Freelancer on a Service Contract. Depending on certain features of the Service Contract, the Service Fees will be charged either as “tiered” or “straight” pricing, as discussed in further detail in this Section 2. Where applicable, TheHive, or Ingenuity Technologies may also collect taxes (such as value added tax (VAT) in Europe) on Service Fees.
A monthly fee is also charged to employers/agencies that are subscribed to any of the paid packages offered on the Site. This fee is automatically renewed on a monthly basis until the employer cancels their subscription by contacting firstname.lastname@example.org or by messaging (876) 770-HIVE (4483) on WhatsApp.
Additionally, the use of various Payment Methods offered through the Site and the Site Services may incur added fees or charges. All Payment Methods will be posted on the Site along with any associated fees or charges, which we may update from time to time at our sole discretion. You hereby authorize us to charge to you and to collect from you (consistent with this Agreement, the User Agreement, or elsewhere in the Terms of Service) any fees, charges, or taxes described in this Section 2.
2.1 Fixed Pricing
We will charge freelancers a Service Fee based on the total Freelancer Fees collected by you from your Client (less any refunds or reversals) for the duration of your relationship with your Client (the “Engagement Relationship”).
|TOTAL FREELANCER FEES COLLECTED FROM CLIENT (per Engagement Relationship)||SERVICE FEE RATES|
|Transaction Service Fee||Admin/Processing Fee|
|$1 and above||10%||5%|
3. Client Membership Fees
TheHive offers several membership plans for Clients, and each includes access to certain features and services of the Site, as described on the Site (each plan is referred to as an “Employer Package”). Current Client Membership packages are Basic, Standard, Premium and Corporate Enterprise /Public Sector. The Basic package is free and does not require a monthly membership fee. Fees for the other Client Membership Plans are automatically renewed until they are cancelled as described on the Site and this Agreement.
TheHive reserves the right to change membership fees, change the features and services included in each Client Membership Plan/Package, change the membership fees or fees for certain premium services or options, or institute new fees at any time, in each case upon reasonable notice posted in advance on the Site for existing Users. No refunds of fees already paid will be given. If TheHive exercises its right to cancel a membership, TheHive will not refund the membership fee already paid unless otherwise required by law.
Where applicable, TheHive, or Ingenuity Technologies may also collect taxes (such as Value Added Tax (VAT) in Europe) on membership fees and the cost for premium services or features, as set forth in the User Agreement.
3.2 Automatic Membership Renewal
You must pay your TheHive membership fees through your TheHive Escrow Account. The membership billing period begins on the date that we receive payment. TheHive membership fees are calculated from the beginning of that billing period. After any free membership period, we automatically renew your TheHive monthly membership, and you irrevocably authorize and instruct us to make the required monthly payments to TheHive on your behalf. Automatic renewal occurs on the first day after the expiration date.
If you have a plan and your Account is suspended, then your Account will be downgraded to a free membership plan at the next membership renewal. If your Account is reinstated after the downgrade, we may re-subscribe you to your previous plan at the time of reinstatement and charge you the applicable membership fee. You may change your Client Membership Plan at any time pursuant to Section 3.3.
3.3 Changes to Membership Plans
If you change your Client Membership Plan, the new program and new billing period will be based upon the date we receive payment of the new membership fee. If you upgrade a membership, it will result in a new billing date effective upon the date of payment of the additional fees and, if applicable, will result in a credit of the unused portion of the existing category membership fees. If you downgrade a membership, you will not receive a refund or credit for the fees already paid. The downgrade will go into effect at the beginning of the next billing period. TheHive reserves the right to modify its Client Membership Plans at any time, upon reasonable notice posted in advance on the Site.
For more information on upgrading, downgrading, or cancelling your membership, check the Site or contact the Site’s admin by sending an email to email@example.com, or messaging (876) 700-HIVE (4483) on WhatsApp.
4. Payment Processing Fees Charged to Client
Regardless of the type of Payment Method used and Membership Plan selected, we charge Clients a Payment Processing Fee (defined below) as described in this Section 4.
TheHive charges Clients on the TheHive Basic plan a payment processing and administration fee of 5% on each payment made by the Client through TheHive (the “Payment Processing Fee”).
For Clients on a TheHive Standard and any other plan, their monthly membership fee includes the payment processing and administration fee for each payment made. If payments made by a Client are released to the Client Escrow Account for any reason or refunded by a Freelancer, the Payment Processing Fee will not be refunded.
5. Authorization for Automatic Payment of Recurring Client Fees
You must pay the Client Membership Plan fees, if any, through your Client Escrow Account. Each Client Membership Plan fee, if any, and each Flat Payment Processing Fee, if applicable, covers a monthly billing period beginning on the date that you first make payment and ending one month later. For example, if you select the TheHive Standard plan and are charged on the 15th of the month, the billing period will end on the 14th of the next month. You irrevocably authorize and instruct us to automatically charge the fees for the Client Membership Plan, if any, to your Client Escrow Account at the beginning of each billing period. This authorization will remain in full force and effect until you notify firstname.lastname@example.org (or WhatsApp message (876) 770-HIVE ) to change your Client Membership Plan or cancel your Account.
You can switch between Client Membership Plans at any time, but you will not receive a refund or a credit for any of the Client Membership Plan fees for a given month if you downgrade your membership, including by switching to a free Client Membership Plan, before the end of a billing period. However, if you switch to a free Client Membership Plan, you will still have your paid Client Membership Plan until the end of the billing period.
6. Authorization for ACH Debits and Credits
If and to the extent permitted by TheHive in its sole discretion, Users may pay Freelancer Fees, Membership Fees, fees for Client Membership Plans, Payment Processing Fees, and other fees owed under the Terms of Service from their designated bank accounts. Subject to TheHive eligibility requirements, if you elect to pay Freelancer Fees or any other amounts owed under the Terms of Service via ACH transfers from your designated bank account, you hereby authorize us to electronically debit and, if necessary, electronically credit your designated bank account via ACH for such amounts pursuant to the Terms of Service, and you agree to comply with the ACH rules issued by Jamaica. Your authorization for ACH transfers contained in this Section 5 will remain in full force and effect until you notify us that you wish to revoke your authorization by:
You understand that we require at least one (1) business day’s prior notice in order to cancel your authorization for ACH transfers contained in this Section 6.
You must notify us of any change in your designated bank account’s information at least five (5) business days before any such change by:
If we do not receive notice at least five (5) days before any such change, we may attempt, in our sole discretion, to implement such change prior to any ACH debit or credit transfer performed pursuant to your authorization provided in this Section 6. However, we assume no responsibility for our failure to do so.
You may view a history of your Account transactions by logging in to the Site. You are solely responsible for promptly reconciling your Account transaction history with the transaction records for your bank account. You must notify us of any errors or discrepancies in your Account transaction history (each, an “Error”) within 30 days of when the Error could be viewed in your Account transaction history on the Site. If you do not notify us of an Error within 30 days of when the Error could be viewed in your Account transaction history on the Site, you will forfeit the right to contest the Error, except to the extent such forfeiture is prohibited by applicable law.
Subject to the foregoing notice requirement:
(a) if and to the extent an Error is caused by us, we will correct the Error and
(b)if an Error is caused by you, we may, but are under no obligation to, attempt to correct the Error and will offset any costs we incur from any funds returned to your bank account or your Client Escrow Account, as applicable.
(c)the Client uses a Jamaican bank account as a Payment Method for the payment.
If payments made by a Client are released to the Client Escrow Account for any reason or refunded by a Freelancer, the Payment Processing Fee will not be refunded.