Terms & Conditions

10 months, 2 weeks ago

Passionfruit (www.weareassionfruit.com) - Terms & Conditions

We are Passionfruit (“Passionfruit”) incorporated in The Netherlands under company number 70477159. These are our terms and conditions. They tell you what we do and how we do it.


By using our site, you indicate that you accept these terms and conditions, and the referenced policies, and that you agree to abide by them.


Last modified: March 7, 2019.



1. Cheat Sheet


Passionfruit operates a multi-sided platform linking Freelancers to Clients.


Services

Services are offered on Passionfruit through fixed prices, a price per item or a price per hour. Services delivered in these ways on Passionfruit are collectively referred to in these terms as “projects”. Whether or not a project is offered and/or accepted is entirely at the discretion of the Freelancer/Client. Passionfruit has no control over this process. Services are provided by Freelancers directly to Clients, who determine the deliverables, price and all other requirements.


On Commencement of a project the Client pays the Project price + the Passionfruit Service fee through Passionfruits Payment Service. The Project funds are released to the Client after the Project is finished to the satisfaction of the Client is satisfied. The Client must confirm their requirements upfront in the WorkFlow.


The Freelancer must provide regular progress updates and respond within two (2) working days to all messages from the Client, in the WorkFlow.

Freelancers must deliver work within the delivery times as agreed with the Client upfront in the WorkFlow for custom projects. Freelancers' rankings will be penalised for late delivery.


Freelancers must fulfill their projects and Clients agree to pay for work delivered. Freelancers must provide, and be given the opportunity by the Client to provide, at least two further iterations on the work delivered if the Client is not initially satisfied.


Once the project has been completed the Freelancer will raise a request to receive payment through Passionfruits payment service. Freelancers must not request payment upfront before work has been completed. 


Funds

Passionfruit IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Freelancers. 


Payments

All payments for work completed must go through Passionfruits Payment Service unless Passionfruit has given its express written permission otherwise in relation to a specific payment or invoice; attempts to pay outside of Passionfruit will lead to sanctions not limited to immediate account suspension. Users must immediately report to Passionfruit any offers to pay outside of Passionfruit made by their Client or Freelancer.


Rights

Once payment has been made, Clients are granted all rights for the delivered work.


Contacting

For purposes of service messages, notices, offers and news about Passionfruit, Users receive alerts on certain pages and emails to the email addresses associated with their accounts. If you do not want to receive newsletters, announcements, or other communications and/or services from our Site, please do not opt-in for those communications or services at the time of registration. If you have opted-in and, at a later time, wish to opt-out, please click on the relevant link inserted in our communications. In every Interesting and Important e-mail communication sent to you, we provide you the opportunity to discontinue receiving future communications (i.e., unsubscribe). Simply follow the unsubscribe process or directions provided in these emails. For the orderly operation of the platform, users cannot opt-out from Essential emails such as when receiving an invoice or when a Client requests a refund.



2. User accounts

To access the full Passionfruit site, Users have to register for an account, provide accurate and complete information, and keep their account information updated. Both Clients and Freelancers undergo the same account registration process.


Each account must be a personal account, but Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated). Users cannot register for more than one account.


The information that Users supply in the public profile of their account must comply with Passionfruit profile policies.

Passionfruit reserve the right to restrict your access, temporarily or indefinitely block your account, stop any projects you have in progress, warn other Clients and Freelancers of your actions or issue you a warning if:

  • you breach the letter or spirit of these terms and conditions or the referenced policies;

  • we are unable to verify or authenticate any information you provide to us;

  • we believe that your actions may cause any loss or liability to our Users or to us

Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking or if someone steals their password when they have taken reasonable steps to keep it secure). Users may never use another person's user account or registration information for the Website.


You confirm that you are not economically barred/limited under sanctions rules of any country worldwide. If your circumstances change to be included in such lists, please cease using Passionfruit immediately.



3. Project delivery 

Fixed Price Projects

On purchase of a Project the Client pays the agreed upon Project price (including the Passionfruit Service Fee) through the Passionfruit Payment Service. The funds reserved to pay out the Freelancer will be held until the Project (or an agreed upon Milestone) is finished to the satisfaction of the Client. 


The Freelancer's payment for Projects are either agreed as a fixed price, a price per item or per milestone. 


For a fixed priced project the Client agrees to pay the Freelancer based on deliverables. The parties should agree upfront in the WorkFlow whether to divide the project into milestones, with associated milestone payments. If milestones have not been agreed then the Custom project will only be invoiced on full completion of all deliverables.


For price per item custom project the Client agrees to pay the Freelancer for all items delivered.


On acceptance of a Proposal the Client must provide their detailed requirements in the WorkFlow so that the Freelancer can get started. Once requirements have been received from the Client, the Freelancer must respond in the WorkFlow within one (1) working day to confirm acceptance of the Project otherwise the Client may request and will be entitled to a refund. The Freelancer must provide regular progress updates in the WorkFlow and respond within two (2) working days to all messages from the Client. The Freelancer must complete the project within the delivery timescales indicated in their Offer description including handover of all deliverables in the WorkFlow. Failing to deliver within those timescales may mean the Client requests and is entitled to a refund. Late or non-delivery will negatively affect the Freelancer's rankings on Passionfruit.


All direct communication between Client and Freelancer must go via the WorkFlow to keep both parties protected in case of a Dispute.


When the Custom project is completed (or an agreed milestone has been reached) the Client gets a notification. 


If the Client agrees that the Project is completed the funds are released to the Freelancer.  The fees are as been explicitly agreed upfront. If requirements/ scope changes materially during a custom project the Freelancer may need to propose a change to a previously agreed price. This must be explicitly agreed in the WorkFlow before any extra work is undertaken so that the Client can confirm whether they wish to proceed with the additional scope for the extra cost. If agreed the Client must pay for the extra costs (including the Passionfruit Service Fee) in advance through the Passionfruits Payment Service. 


If the Client does not agree that the Project has been completed then the Client must provide the Freelancer with detailed feedback in the WorkFlow on what work remains outstanding. The Freelancer must provide, and be given the chance to provide, at least two iterations of the deliverables based on detailed feedback from the Client. If the Client does not leave feedback for the Freelancer within 7 days after completion by the Freelancer Passionfruit is entitled to assume that the Project is finished to the satisfaction of the Client and the funds are automatically released to the Freelancer. 


Per Hour Projects 

The Freelancer's payment for Per Hour Projects is set as a per hour rate project using the per hour rate as agreed at the Per Hour Project setup. The Client agrees to pay the Freelancer based on the time spent, not on the real or perceived quality of any deliverables provided.


On acceptance of a Per Hour Proposal the Client agreed that  every seven (7) days payment will be automatically raised through the Passionfruit Payment Service on behalf of the Freelancer according to the number of hours tracked by the Freelancer during the last seven (7) days, the per hour rate of the Per Hour Contract and the Passionfruit Service Fee. 


The Client must agree to automated payment or pays manually through the Passionfruit Payment Service within three (3) days of the Invoice being raised.


Protection for freelancers

In the rare event that a Client refuses payment for legitimate services performed by a Freelancer, Passionfruit will provide limited payment protection to the Freelancer as mentioned below (“Per Hour Payment Protection”). Per Hour Payment Protection will be provided only if all of the following criteria are met:

  • Client must have an Account in good standing and at least one valid and authenticated Payment Method, and Client must agree to automatically pay for hours billed by the Freelancer.

  • Freelancer’s Account must be in good standing.

  • The number of hours billed must not exceed the weekly limit of hours as defined in the Per Hour Contract.

  • If the invoice is rejected the Freelancer must submit a Dispute specifically identifying the details of the work that should be paid. Within ten (10) days after invoice raise, if the invoice is not rejected and not paid the Freelancer must contact Passionfruit Customer Support identifying the details of the work that should be paid.


Per Hour Payment Protection is available with a maximum rate per hour protected by Passionfruit to Freelancer the lesser of

  • the rate defined in the Per Hour Contract terms;

  • the usual per hour rate billed by Freelancer on the Site across all Clients. 


Protection for Clients

Passionfruit will adjust the invoice to Client for work that is not clearly related to either the project requirements or Client instructions in the WorkFlow and within the hours authorized for the week, subject to and conditioned on the following terms:

  • Client must have an Account in good standing and at least one valid and authenticated payment method, and Client must agree to automatically pay for hours billed by the Freelancer.

  • Freelancer’s Account must be in good standing.

  • The Client rejects the invoice within three (3) days of the Invoice being raised identifying the time billed and screenshots of the Freelancer’s screen that are not clearly related to either the project requirements or Client instructions in the WorkFlow.


Quality

All Freelancers on Passionfruit must strive to deliver a high standard of work, appropriately meeting their Client's needs. Specifically, Freelancers must ensure that all deliverables are; error free, fully address each of the Client's defined requirements, are a complete set of deliverables as defined in the Offer description or as agreed in the WorkFlow as part of the requirements for custom projects and are of a standard consistent with the level of expertise indicated in the Freelancer's profile and proposals.


The heavy but important bits:

The Client and Freelancer decide on the type of project, Hourly or Fixed price. They determine the terms and conditions of “Projects” , including deliverables, any specific requirements, and the price, directly between them. The Client and Freelancer create a direct service contract between themselves, Passionfruit is no party to that contract ('the Service Contract').


Subject to this being varied as part of the Service Contract, ownership in and to any materials and or deliverables arising from a project and any intellectual property rights therein, will be assigned to the Client upon successful payment to the Freelancer. If the Client and Freelancer wish to include any special terms of the contract (for example, in relation to the ownership of the work produced, ownership of intellectual property rights or special rights of termination), the Client and Freelancer should negotiate and document these terms in the project WorkFlow.


Subject to variation in the Service Contract, the terms and conditions of each project shall be deemed to incorporate a term that in consideration of the fee paid for the project the Freelancer thereby assigns to the Client absolutely with full title guarantee the following rights throughout the world; the entire copyright and all other rights in the nature of copyright subsisting in the project, any database right subsisting in the project and all other rights in the project of whatever nature, whether now known or created in the future, to which the Freelancer is now, or at any time after the date of Commencement of the project may be, entitled in any part of the world. In each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of Commencement of the project.


You promise that: You are able to pay for the services if you are a Client and perform the services if you are a Freelancer. You are not in breach of any applicable laws, rules or regulations or obligations to any other person, you have made and will make all required legal and tax filings. If relevant, you will file all necessary legal documentation relating to your self-employment required by any governmental body, and pay all applicable taxes. You shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, project, or Proposal on or through the services Passionfruit provide, including without limitation any User Content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.



4. Payments

Payments are made as described in Section 3, for a project agreed by the Client as successfully completed . The payment terms are upfront except for Per Hour Contracts which is automatically or manually within three (3) days. 


For projects, the Freelancer must not request a release of funds prior to project completion; the purpose of funds being held is to provide the Freelancer with the security needed for them to undertake the work. Clients must report such cases immediately. In such cases the Freelancer's account may be temporarily or permanently suspended.


Regular payments may be made utilising the Auto Pay feature for Per Hour Contracts. Passionfruit provides this facility solely to simplify the payment process. Use of this facility does not alter the nature of the relationship between Passionfruit and its Users or between Clients and Freelancers.

All payments between Client and Freelancer must be processed through Passionfruit as described in Section 3, both for work sourced on Passionfruit and for any follow on work between the Client and Freelancer, either for the same project or another project. A Freelancer may seek express written permission from Passionfruit to allow payment by alternative means for a specific invoice or payment if the Freelancer intends to issue proceedings or pursue legal action against the Client.


Payment (or attempt of) outside of Passionfruit is a breach of these terms and conditions unless the prior express written consent of Passionfruit has been obtained. Such payment (or attempt of) and will lead to temporary and/ or permanent suspension of the Client and/ or Freelancer's account. The Freelancer will be liable for any loss of business and legal expenses that Passionfruit may incur in recovering it. Passionfruit reserve the right to sanction funds held in the Freelancer's Account in order to recover lost fees. Moreover, Passionfruit will not mediate any Disputes or be liable to either the Client or Freelancer's loss of business as a result of violation of this clause. Users must report attempts or offers to make payment outside of Passionfruit by their Client or Freelancer to Passionfruit immediately.

Payments by Clients are routinely checked by Passionfruit for fraud prevention purposes, before any payments are released to the Freelancer. Passionfruit aim to process these payments and credit funds to the Freelancer's Passionfruit User Account within three (3) working days, however Passionfruit reserve the right to take up to ten (10) working days.


Passionfruit process payments daily and will send the money to the Freelancer via their selected payment preference. Once Passionfruit has processed payments, they are then subject to timescales imposed by the banking clearing system. 


For security reasons, Passionfruit reserves the right to request additional information from Clients and Freelancers, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:

  • a copy of a Government issued ID (Passport, Driver's License or National ID Card);

  • a copy of a recent utility bill showing your name and address (less than 3 months old);

For credit/debit card users (one of the following):

  • a copy of the front and back of the card used. For Security Compliance we recommend that you blank out the central 8 digits of the card number digits, and the last three digits from the number on the back;

  • Credit or Debit Card Bank Statement of the card used on your Passionfruit User account (less than 3 months old). For Security Compliance you must blank out the central 8 digits of the card number digits;

For PayPal users:

  • PayPal Account statement showing your PayPal registered name, email address and verification status along with any relevant transactions.


For international Bank transfers, credit to the beneficiary may be delayed by factors such as local bank holidays, delays by an intermediary bank or other local conditions. Please note that some countries have been designated as “slow-to-pay” countries, and transfers made to those countries may take several days or even weeks in crediting the receiving account. 


Passionfruit IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Freelancers. Passionfruit will endeavour to ensure that the funds are available to the User in accordance with these Terms and Conditions but do not guarantee that they will be available to the User in circumstances which are unforeseen or beyond our control.


If Passionfruit has to return funds to the Client due to the Client (contrary to these Terms and Conditions) filing a dispute or requesting a payment be reversed through its credit card provider, bank or Paypal then Passionfruit will be entitled to recover any such amount from the Freelancer’s credit card or other previously made payment method if available. If Passionfruit is unable to recover the amount returned to the Client from the Freelancer in full then the Freelancer agrees to pay to Passionfruit any outstanding sums within 48 hours of Passionfruit making a request.


Passionfruit uses a third-party service provider to process payments by Clients and to transfer funds to Freelancers. These third-party payment service providers are regulated and authorised to provide payment services in the countries where they operate. Passionfruit may share your personal or transactional information with third-party payment service providers when it is necessary to process payments.



5. Leaving Feedback

When the project is completed, both parties are asked to provide both qualitative feedback and a rating from 1-5 for the other party. This rating influences each User's ranking on Passionfruit. In order for a user to read a received review, they have to submit their feedback as well. A review (feedback) is published on the member profile page when both parties (Client and Freelancer) leave their feedback within the first 60 days since invoice payment (funds released / amount paid). In case 60 days have passed, any submitted review is disclosed and users that haven't left any review will no longer be able to do so.


Both parties should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to Passionfruit.

Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.


6. Cancellations and refunds

Cancellation of a project

After the Commencement of a project, the Client may request a cancellation if the Freelancer hasn’t given notice of acceptance within one (1) day. 


Project Refund policy

A Client is entitled to receive a full refund (including the Passionfruit Service Fee) when there has been no response from the Freelancer in the WorkFlow within one (1) working day of the Commencement of the project. 


A Client is entitled to a refund (excluding the Passionfruit Service Fee) in case of non-delivery, for Fixed Price Projects if the Freelancer did not deliver the scope of work within the agreed timescales, for per hour rate Custom projects if there has no time been spent. In case of poor quality: with the exception of per hour rate Custom projects, the deliverables provided by the Freelancer do not meet the Project terms. 


Client and Freelancer may mutually agree to a refund (excluding the Passionfruit Service Fee) for reasons other than the previous clause however authorization of such refunds will be subject to a review by Passionfruit. 


Clients 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.


Requesting a refund

A Client can request a refund using the “Request Refund” action in the WorkFlow and specifying a reason for their request.


Passionfruit will process refund requests subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties' obligations under these terms and conditions. 


If Passionfruit reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations Passionfruit shall not be obliged to make the refund.


Refund and cancellation penalties

Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the Passionfruit marketplace. Where the Freelancer is at fault for the refund (for example, due to no response, poor quality of work or they have cancelled the project), it will negatively impact their Freelancer status and rankings. Where the Client is found to be the cause for the refund (for example, an early cancellation due to a change in their business need) it will negatively impact their Client status. Multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.

Disputes

Passionfruit encourage our Freelancers and Clients to try and resolve any disagreements between themselves. However should that not be possible Passionfruit Customer Services can provide Dispute resolution.


A Dispute can be raised by the Freelancer or Client after paying a fee if there is a dispute about the completion of a Project. Disputes are available to Users that have qualified as trusted members of the Passionfruit community.


Passionfruit may reach out to both parties in order to mediate and try and bring the Dispute to resolution. Passionfruit will aim to make a resolution decision on behalf of both parties within seven (7) days. If a mutual resolution has already been agreed between both parties on the WorkFlow, then the dispute will either be cancelled or resolved in line with the mutual agreement.

In the event of having to make a resolution decision, Passionfruit will use only the communication in the WorkFlow as sole evidence, and consider:

  • if both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both parties to complete or rectify the project;

  • if the project was delivered (or the milestone was met, if the Dispute is for a milestone payment) in accordance with the terms in Section 3;

  • for Disputes concerning the quality of the work delivered: Passionfruit will consider whether the Freelancer has met general quality standards as defined in Section 3. Assessments on quality i) down to perceived taste, or ii) requiring specialist technical or subject matter expertise, will not form part of the resolution decision;

  • if the Client and Freelancer have complied with these terms and conditions.

  • In the event of having to make a resolution decision on behalf of the parties, Passionfruit 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 and conditions. Our involvement with the Dispute ends once the resolution in relation to the Dispute has been communicated

Users agree and accept that any payments and/or other actions made by Passionfruit in accordance with the resolution decision of a Dispute are made in good faith and Users shall have no cause of action against Passionfruit (whether in contract, tort 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 seek to hold Passionfruit liable for a Client or Freelancer’s alleged actions or failures.



8. Passionfruit Service Fees

8.1 Client Fees

The Client fees are for the use of Passionfruit as an intermediate platform, they do not reflect the outcome of any Freelancer collaboration and will not be refunded. 


Passionfruit charges a 4% transaction fee to the client for hiring a new Freelancer through Passionfruit. 


Passionfruit charges a 2% transaction fee for rehiring a Freelancer a Client has hired before using Passionfruit. For Pay per Hour this option is applicable above lifetime billing of € 5.000,- by one Freelancer. 


We may make changes to our service fees from time to time. These changes will be reflected in updated terms issued by us, which will apply to any transactions which take place after the updated fees come into force.


8.2 Freelancer fees

Passionfruit charges Freelancers a transaction fee Passionfruit Service Fee in accordance with the following Service Fee Structure: 


Below € 500 lifetime billing per Client: 6% (excl. VAT) Service Fee

Between € 500 and € 5.000 lifetime billing per Client: 5% (excl. VAT) Service Fee

Over € 5.000 lifetime billing per Client: 4% (excl. VAT) Service Fee


The minimum payment that can be made using Passionfruits Payment Services is €10 excl. VAT).


Bank transfer reversal fees - If your bank transfer gets reversed due to incorrect banking information, wrong bank account type or foreign currency bank account settings limitation, you will be charged a reversal fee of €3 as well as the currency exchange difference (if applicable).


If a Freelancer decides to purchase Premium features they will pay a Premium User fee of € 10,- (excl. VAT) per month. 


If Freelancer decides to raise a dispute as per section 7, they are required to pay a non-refundable fee equal to 10% of the requested refund amount, subject to a minimum charge of € 10 per dispute.


8.3 Zero Service Fee scheme

The Zero Service Fee scheme enables Freelancers to apply the benefit of the tools available on Passionfruit to work with their existing client base without having their clients to pay a Client Service Fee for hiring them. 


To participate in this scheme Freelancers invite a client that they already have a working relationship with outside of Passionfruit (“Existing Clients”), to join Passionfruit by entering their email address in a special invitation form (“Passionfruit Invitation”) or by placing a special link on a website or blog. 


As a Freelancer, to be eligible for the Zero Service Fee scheme for payments made by your Existing Clients:

  • you must have an active User account on Passionfruit;

  • you may not invite yourself to the Zero Service Fee scheme;

  • the work with your Existing Client was not originally sourced on Passionfruit;

  • your Existing Client should not already have a User account (active or inactive) on Passionfruit;

  • your Existing Client must sign up for a User account using the activation link they received in their Passionfruit invitation or the links of the Passionfruit Widget;

  • after sign-up, your Existing Client must pay at least one of your Invoices through Passionfruit.

There is no limit to the number of Existing Clients that can be invited under this scheme.


As a Client:

  • you must not have a User account (active or inactive) on Passionfruit;

  • you must sign up for a User account using the activation link received in your Passionfruit invitation or the links of the Passionfruit Widget;

  • the work with your Existing Freelancer was not originally sourced on Passionfruit;

  • you must pay at least one of your Invoices to your Existing Freelancer through Passionfruit.


8.4 Inactive User accounts

Any User profile that hasn’t shown any activity for a period of 60 days will become inactive.


8.5 Currency Conversion

If you require a transaction within the Passionfruit site which involves a currency conversion, it will be completed at a foreign exchange rate determined by an official institution, which is adjusted on a regular base. By accepting a transaction, you also agree to the exchange rate currency conversion terms.



9. Referral Programme

The Passionfruit Referral Program is a program that allows Users to receive a fee if they refer a non-Passionfruit user ("Referred User") to Passionfruit and they make money using Passionfruit. Users perform this referral by submitting the email address of the Referred User on a special referral form or by sharing a special referral link found through Passionfruit ("Referral Invitation").


Users receive a 1% Referral Fee over the transaction value of the Referred User. Referred Users receive a free premium account & premium benefits. 


To be eligible for the Referral Reward:

  • you must have an active User account on Passionfruit;

  • you may not refer yourself for the Referral Program;

  • the Referred User should not already have a User account (active or inactive) on Passionfruit;

  • the Referred User should sign up for a User account using the activation link of the Referral Invitation;


Passionfruit reserves the right at any time to modify or discontinue the Referral Program either temporarily or permanently with or without notice. Passionfruit will not be liable to you in the event of any modification, suspension or discontinuance of the Referral Program. Non-fraudulent accrued Referral Rewards are not affected by suspension or discontinuance of the Referral Program.


Passionfruit reserves the right to the Referral Fee should any of the Passionfruit terms and conditions not be met. Passionfruit reserves the right to suspend the User account or remove Referral Reward should abusive or fraudulent activity regarding the Referral Program be suspected at the discretion of Passionfruit.





11. General terms of website use

The Passionfruit terms of website use define how Users may make use of Passionfruit whether as a guest or a registered user. They contain the heavy but important stuff so please read them carefully.



12. Privacy Policy

By proceeding to use the Passionfruit service, Users consent that Passionfruit may process the personal data (including sensitive personal data) that Passionfruit collects from them in accordance with the Passionfruit Privacy Policy and the terms of the EU General Data Protection Regulation 2016/679.


By using Passionfruit you give us permission to use your personal data to match you with Clients and Projects. 


Passionfruit may use your personal data to gather feedback regarding your experience you may have with our platform. This helps our business grow by assembling useful information from our end-users. 

Passionfruit doesn’t give your personal data to any other company, government or institution. 


Passionfruit is not a party to any Service Contract between Client and Freelancer. Any Service Contract between a Client and Freelancer shall be in accordance with such Freelancer's privacy policy and the terms of the EU General Data Protection Regulation 2016/679.



13. Governing Law

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Netherlands. The courts of The Netherlands shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).



14. Related Policies

The following policies are part of these terms and conditions and should be read carefully:

  • Terms of website use

  • Privacy Policy



15. Definitions

In these terms and conditions:

  • 'Billing' is the total invoices paid during the month;

  • 'Client' means a person buying services from a Freelancer on Passionfruit;

  • 'Commencement of the project' means the acceptance of a Proposal for a custom project by the Client in the WorkFlow;

  • ‘Content' means such things as data, text, photographs, videos, audio clips, written posts and comments, graphics, User content and interactive features generated, provided, or otherwise made accessible on or through Passionfruit;

  • 'Custom Project' is a piece of work that commences with the acceptance of a Proposal by a Client or the acceptance of a Hire request by a Freelancer. This work is agreed either after the Client has posted a request on Passionfruit or in direct communication between a Client and a Freelancer in the WorkFlow. A custom project can also be agreed as a follow on piece of work after an Offer purchase;

  • 'Guest' means an unregistered user of Passionfruit;

  • 'Per Hour Contract' is a piece of work that commences with a Client placing a valid payment method on file that can be charged repeatedly by Passionfruit and the acceptance of a Per Hour Proposal by the Client or the acceptance of a Hire request by the Freelancer

  • ‘Dispute' means a dispute raised in relation to a rejected Invoice;

  • 'Payment Service' means the third party payment service Passionfruit uses to facilitate payments between Clients and Freelancers. 

  • 'Invoice' means a bill for a completed project which is raised by the Freelancer in the WorkFlow or in the Passionfruit payments dashboard;

  • 'Project' means a piece of work that a Freelancer and Client agree via Passionfruit is to be provided by the Freelancer to the Client. Project refers to work either agreed when the Client purchases an Offer, or when a Proposal by a Freelancer is accepted by the Client for a custom project;.

  • ‘Passionfruit' means the website with the domain name www.wearepassionfruit.com or Passionfruit VOF as the context so requires;

  • ‘Passionfruit User Account' means a User’s Passionfruit persona, profile, settings, activities, invoices, transactions and funds balance available for you to withdraw;

  • 'Proposal' means an offer made by a Freelancer to a Client to provide a custom project and which must contain a fee quotation;

  • ‘Freelancer' means a person selling services to a Client via Passionfruit;

  • ‘User' means any registered person who uses Passionfruit;

  • ‘User Content' means all Content uploaded, submitted, distributed, or posted to the services by Users, including without limitation, Proposals and communication via the WorkFlow. User Content does not include any materials or deliverables, or intellectual property therein arising from a project, which shall be assigned to the Client on successful payment for the project. User Content is the sole responsibility of the person who originated it;

  • 'WorkFlow is where all the communication between Client and Freelancer is conducted in private. Via the WorkFlow, the parties can exchange information including attachments, send a Proposal or raise an Invoice, make payments, request a refund or raise a Dispute in relation to a project.