User Agreement for NEWFreelancer service

This is an important document which you must consider carefully when choosing whether to use the NEWFreelancer website at any time.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH NEWERAWAVE OFFERS YOU ACCESS TO NEWFREELANCER SERVICE.

Acceptance of User Agreement

This user agreement ("User Agreement" or "Agreement") is a contract between you and Newerawave (308685015 ע.פ) if you are a user of nfreelance.newerawave.com ("Site"). The Site is offered to you conditional on your acceptance of the User Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement.

This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and Newerawave as to its subject matter.

If you do not agree to any of these terms and conditions you should immediately cease to use the Site. Please note that we may close, suspend, or limit your access to your NEWFrrelancer account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to your funds if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.
Amendment of User Agreement

Newerawave may amend or modify this User Agreement in whole or in part from time to time, without notice (unless such prior notice is required by law), by posting an amended User Agreement on the Site or any linked information. Such updated version of the User Agreement will be effective at the time we post it.

1. ELIGIBILITY

Newerawave offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Site is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of Newerawave's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us.

2. USERS

The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.

Newerawave provides a venue to introduce Users who wish to provide professional services ("Freelancers") and Users who seek such professional services ("Employers")(respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together online to complete, invoice and pay for projects.

3. LEGAL RELATIONSHIP BETWEEN YOU AND NEWERAWAVE

3.1 Termination

Newerawave reserves the right to terminate the participation of any User without reason but expressly including any User that Newerawave judges to be in violation of the User Agreement. Without limiting the foregoing, Newerawave may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

3.2 Relationship between Users

The parties to a project are the Freelancer, the Employer and Newerawave. Newerawave is a party to a project for purposes limited to (a) the provision of the virtual venue and hosting of the Site(s) to enable selection of Freelancers and projects, (b) supervising payment following satisfactory completion of a project as agreed between the Employer and the Freelancer, and provision of a process for Employers and Freelancers to use when there is a disagreement about satisfactory completion of a project.

Although Newerawave provides a virtual environment for definition of projects and assessment of Freelancer suitability, each Freelancer and each Employer acknowledges and agrees that, despite any recommendation made by Newerawave of any Freelancer in relation to a project, they are responsible to identify and subsequently make their own sole decision and/or determination on the suitability or otherwise (as applicable) of a Freelancer to perform or complete any project or of an Employer to provide funds during and/or on completion of any project and clarification on a project as required during the term of a project. Newerawave has not investigated the suitability of any Freelancer for any project and the Employer acknowledges that it is its sole responsibility to assess the ability of a Freelancer to satisfactorily complete a project.

Depending on their jurisdiction, Freelancers and Employers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this agreement is intended to override a right that by applicable law may not be excluded. However, to the maximum extent permitted by law, the liability of Newerawave for any services it provides is limited to performing the services again.

Upon the Employer awarding a project to a Freelancer and the Freelancer's acceptance of a project on the Site, the Employer agrees to purchase, and the Freelancer agrees to deliver the Provider Services in accordance with the following agreements: (1) the User Agreement; and (2) the User Services Agreement between the Employer and Freelancer available on the Site, as amended from time to time; (3) any other contractual provisions accepted by both the Freelancer and Employer uploaded to the Site, to the extent not inconsistent with the User Agreement; and (4) the project terms as awarded and accepted on the Site, to the extent not inconsistent with the User Agreement. Newerawave agrees to provide the venue and host the Site, including the hosting of the project.

You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a member contract in conflict with the User Agreement is void.

3.3 User Responsibilities

The responsibilities of the Freelancer and Employer are set out in the Services Agreement between Freelancer and Employer.

When you enter into a transaction, you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement.

You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as an Employer or Freelancer, or in any other uses you make of the Site.

If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, Newerawave has no responsibility for enforcing any User rights.

3.4 No Insurance

Newerawave does not offer any form of insurance or other Employer or Freelancer protection which will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Employers and Freelancers. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited employer or freelancer protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.

Because user identification on the Internet is difficult, we cannot and do not confirm each User's purported identity.

3.5 Independent Contractors

Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.

3.6 Services offered by NEWFreelancer service

NEWFreelancer service offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to freelancers and to enable freelancers to efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service.

Some of the Services offered at the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and Newerawave and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.

3.7 Terms of use

The User understands and agrees to the following terms:

Our Site acts as an online venue to allow Users to offer and buy professional services. As a result you acknowledge and agree that Newerawave has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Freelancers to provide the services or the Employers to pay for the services. We do not guarantee that a User will actually complete the professional services or act lawfully in using the Site.

Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that NEWFreelancer service provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.

The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by Newerawave or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.

Newerawave provides unmonitored access to third-party content. NEWFreelancer service is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. Newerawave does not control nor always review the web sites to which we link from the Site. Newerawave, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.

Newerawave does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. Newerawave expects that the User will undertake necessary activities and practices and will use caution and common sense when using NEWFreelancer service site for User's Account.

3.8 Promotion

You agree and acknowledge that unless explicitly requested, Newerawave may display your company name, logo and public description of your projects and profile as part of the Newerawave website(s) and / or other Newerawave marketing materials.

3.9 Notices: Consent to Contact

You consent to Newerawave contacting you by electronic means as part of delivering the services outlined in this User Agreement. Additionally you consent to being contacted by electronic means by Newerawave for the marketing of campaigns, offers, new products or services.

4. FEES

All fees are set forth in the summary of Newerawave's fees and charges which can be found on the Site. All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified.

Newerawave earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by Newerawave that are accessible through the Site and to cover expenses and fees Newerawave incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, Newerawave transfers the remaining payment amount to the Freelancer.

Newerawave charges fees in relation to the posting of a project; selecting a Freelancer; posting a featured project; hiding a project from search engines; hiding bids from other Users; posting a full time project; project commission fees; and other miscellaneous fees that are described on the Site.

Users can choose various membership programs to subscribe to different levels of participation on the Site which will incur additional fees.

5. ACCOUNTS

5.1 Opening Account

To become a User and access the Site and Services you must register for an "Account." You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.

5.2 Accounts

You agree that you will not receive interest or other earnings on the funds that Newerawave handles as your contractor. Newerawave may receive interest on those funds. Newerawave will not be liable for any lost interest on such funds.

All amounts are stated in and all payments will be made in US funds. Newerawave reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an Account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your NEWFreelancer service site Account or face termination and any other remedies available to Newerawave to recover the funds.

Any User that Newerawave removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.

Newerawave requires you to make all payments to Newerawave and to make payments to and accept payments from other Users in the purchase and sale of Services for Newerawave projects directly through the mechanisms available on the Site. You understand and agree that Newerawave will not hold funds delivered to NEWFreelancer service site from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of NEWFreelancer service in any account, at any institution, or in any other manner Newerawave may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by Newerawave for general corporate purposes or otherwise, provided that Newerawave will remain contractually obligated to make payment to you, as a Freelancer or Employer, for any purchases and sales of Services provided by you through NEWFreelancer service. To the extent Newerawave is obligated to make payment to you, you will be an unsecured creditor of Newerawave.

5.3 Acknowledgement

You acknowledge that: (1) Newerawave is not a bank or other licensed financial institutions and does not provide banking services; (2) the amounts shown as on deposit in a User Account are not segregated into a separate account but represent unsecured obligations of Newerawave to the User with respect to the purchase and sale of Services through NEWFreelancer service; (3) Newerawave is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute a milestone. By initiating and sending payments through NEWFreelancer service, you appoint Newerawave as your agent to obtain the funds and hold and to transfer such funds to the Freelancer or Employer for Services, subject to these terms and conditions.

5.4 Account Balances

If your Account has a negative balance, Newerawave may setoff the negative balance with any funds that you subsequently receive into your Account. In the event that Newerawave offsets a negative balance pursuant to this clause, it may be bundled with another debit coming out of your Account. To secure your performance of this Agreement, you grant to Newerawave a lien on and security interest in and to the funds held in your Account in the possession of NEWFreelancer service.

5.5 Inactive Accounts

Newerawave reserves the right to cancel Inactive Accounts with a nil or negative balance.

5.6 Chargebacks

You acknowledge and agree that Newerawave will be entitled to recover any chargebacks that may be imposed on Newerawave by a credit card issuer on funds paid to you by Employers through the Site. A chargeback occurs when an employer rejects or reverses a charge on his or her credit card through the credit card issuer. You agree that Newerawave may reverse any such payments made to you, which are subject to chargeback via a credit card issuer. To cover the cost of processing chargebacks, Newerawave assesses a US$20.00 fee to Users for credit and debit card payment chargebacks.

5.7 Hold on funds

Newerawave, in its sole discretion, may place a hold on any or all of the payments you receive whenNewerawave believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. If Newerawave places a hold on any or all of the payments you receive, you will be provided with notice of our actions and the way in which to resolve the issue. If you are involved in a dispute, in certain circumstancesNewerawave may place a temporary hold on the funds in your account to cover the amount of any potential liability. If the dispute is resolved in your favour, Newerawave will lift the temporary hold. If you lose the dispute, Newerawave may remove the funds from your Account.

5.8 Insufficient funds in Accounts

If there are not sufficient funds in your User Account to meet outstanding fees and charges,Newerawave reserves the right to collect any amounts owing toNewerawave by any other legal means.

5.9 Taxes

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by Newerawave. These taxes will be added to fees billed to you, if applicable.

Please note, currently we are not collecting an 18% VAT from Israeli customers.

5.10 Identity Authentication

You authorize Newerawave, directly or through third parties, to make any inquiries we consider necessary to validate your identity in compliance with applicable legislation and regulation, as well as for our own anti-fraud measures. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you; requiring you to take steps to confirm ownership of your email address or financial instruments; ordering a credit report; or verifying your information against third party databases or through other sources. We may ask to see your driver’s license or other relevant identifying documents. In addition, in some circumstances we may ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step. Commonwealth law may require that Newerawave verify the information provided to us before allowing access to fund transfer or withdrawal services through The Site. The Site reserves the right to close, suspend, or limit access to your User Account and/or Freelancer. com Services in the event we are unable to obtain or verify to our satisfaction the information required by this clause.

6. AVOIDING COMMISSIONS

6.1 Prohibition on negotiation of fee outside of Site

You are strictly prohibited from attempting to negotiate the fee for a project with another user directly (outside of NEWFreelancer service) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without a Freelancer being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying Newerawave if the payment amount increases (above the bid amount) after the project is closed.

You are strictly prohibited from under-bidding on projects in an attempt to renegotiate the actual price privately, avoiding fees. We aim to provide a fair and open playing field at NEWFreelancer service, and such activities interfere with providing such a marketplace. Newerawave charges project commissions on all funds received by either direct transfer or other payment through the site, regardless of the final bid amount.

We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance or underbidding on the Site.

6.2 Email

Users agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by Newerawave. You may use the project message board and inbox private messaging on site to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, GTalk and Yahoo.

6.3 Providing contact information

You are prohibited from making direct contact with another User outside of NEWFreelancer service. This includes giving out your e-mail address, Skype ID, ICQ number, phone number, or any other method of contact outside of this site. NEWFreelancer service provides you with message boards, which should be sufficient for project planning and communication with other Users unless NEWFreelancer service intentionally provides such contact information through a feature or function.

7. USER CONTENT

7.1 Content

The User is solely responsible for content or any other information the User provides to NEWFreelancer service. User understands and agrees to the following:

    Newerawave is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. Newerawave has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for NEWFreelancer service, harm its business operation or reputation, or causeNewerawave to lose the services of its suppliers.
    Any and all content submitted to the Site is subject to the approval of the Site administrators. The Site reserves the right to reject, approve, or modify User-submitted content upon the discretion of the Site administrators. Evaluation of User-submitted content is based on certain quality guidelines.

These guidelines, that encompass all objectively quantifiable and aesthetic aspects of User-submitted content, are set solely by the Site and applied exclusively within the Site.

User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

No copyrighted material can be posted on the Site. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights.

7.2 Grant of License

By submitting User content to NEWFreelancer service ( including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a project; sending messages through or to NEWFreelancer service), you hereby grant to Newerawave a worldwide, exclusive, sublicensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of NEWFreelancer service (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.

7.3 Feedback, Reputation and Reviews

By using the Site, you acknowledge that you transfer copyright of the feedback, reputation and reviews you leave (whether a "Employer" or "Freelancer"), consisting of comments and a multidimensional rating (e.g. Quality, Communication, etc) together with a composite rating by NEWFreelancer service ("Feedback" ). You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with Newerawave's policies as posted on the Site from time to time, without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the NEWFreelancer service feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to Newerawave.

NEWFreelancer service's feedback ratings belong to us and may not be used for any purpose other than facilitating the exchange of services between Users of the Site . You may not use your NEWFreelancer service feedback (including, but not limited to, marketing or exporting your composite rating or feedback comments) in any real or virtual venue other than a website operated by Newerawave or its related services without our written permission.

8. USER RESTRICTIONS

8.1 Advertising

Users are prohibited from advertising a website on the Site. Any URL posted in a bid, project description, or the message board, must relate to a project on NEWFreelancer service. An example of a permissible URL would be a User's portfolio or resume page.

8.2 Bidding

Freelancers can only place bids that equal the total amount of money they are requesting for the project or for a working hour. This also applies to Employers.

8.3 Employer

The Employer agrees that:

    The Employer is strictly forbidden from redistributing any of the content of the Site, including but not necessary limited to private messages, documents and support tickets.
    The Employer will not use the Employer's Account to post false or misleading project descriptions.
    The Employer will not post project descriptions that, in the judgment and discretion of NEWFreelancer service or Newerawave, are inappropriate to NEWFreelancer service's audience and viewers.
    The Employer agrees to pay featured project fee if project posted should have been posted as featured.
    The Employer agrees to pay fulltime project fee if project posted should have been posted as fulltime.
    The Employer will not falsify the Employer's own or any other identity.
    The Employer will comply with all of Newerawave's policies as posted on the Site from time to time.

8.4 Freelancer

The Freelancer agrees that:

    The Freelancer will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents, support tickets.
    The Freelancer will not falsify Newerawave's own or any other identity.
    The Freelancer will comply with all Newerawave's policies as posted on the Site from time to time.

8.5 Prohibited use of Site content

The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:

    use this Site or its contents for any commercial purpose;
    access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
    violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
    take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
    deep-link to any portion of this Site for any purpose without our express written permission;
    "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorisation; or
    attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site or the services.

8.6 General restrictions

Users agree that:

    Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of Newerawave.
    Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
    Users will not contact employers or freelancers through the Site or through information gained from our Site with the intent of subverting them from using our Services.
    Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
    Users will not create multiple user Accounts for any reason, or under any circumstance.
        If you create a project, you cannot create another Account to bid on it, nor can you award yourself that project.
        If you create a contest, you cannot create another Account to enter your own contest, nor can you award your entry the prize.

8.7 Consequences of termination

In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from Newerawave.

Without limiting Newerawave's other remedies, to the extent you are in violation of this User Agreement, you must pay Newerawave for all fees owed to us and reimburse us for all losses and costs (including any and all Newerawave employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You and Newerawave agree that the damages that Newerawave will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and freelancers, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then Newerawave may fine you up to US$3,000.00 for each such violation and/or Newerawave may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to US$3,000.00 is presently a reasonable pre-estimate or minimum estimate of Newerawave's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to Newerawave that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.

You agree that Newerawave is entitled to deduct such charges directly from any existing balance in the offending Account, or any other NEWFreelaner service Account owned by you.

Users that are terminated by Newerawave on any basis other than violation of this User Agreement will be entitled to receive any payment due from Newerawave.

In the event of termination, you will have no claim whatsoever against Newerawave in respect of any such suspension or termination of your membership.

8.8 Account Verification

If you do not complete account verification when requested within 12 months of the date of request, your account may be subject to termination.

9. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA

Newerawave discloses sensitive personal information only if required to comply with legal obligations or with your consent.

10. COPYRIGHT

The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Newerawave and are protected by Israeli and international copyright laws.

11. NO WARRANTY

Newerawave is not involved in the actual transaction between Freelancers and Employers. Our Services, the Site and all content on it are provided on an as is basis and without warranties of any kind either express or implied. Without limiting the foregoing, Newerawave does not represent or warrant that:

    the Site will be accurate, reliable, uninterrupted, secure or error-free;
    defects in the Site will be corrected;
    the Site or the server that makes it available are free of viruses or other harmful components.

12. LIMITATION OF LIABILITY

12.1 Limitation of liability

In no event shall Newerawave, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

    any indirect, special, incidental or consequential damages that may be incurred by you;
    any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
    any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
    The limitations on Newerawave's liability to you above shall apply whether or not Newerawave, its affiliates or staff have been advised of the possibility of such losses or damages arising.

13. INDEMNITY

You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.

14. APPLICABLE LAW

Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the Israel. You and Newerawave irrevocably submit to the non-exclusive jurisdiction of the courts of Haifa, Israel.

15. GENERAL

The provisions of this User 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 enforced. This Agreement may be assigned by Newerawave to a third party without your consent in the event of a sale or other transfer of some or all of the assets of Newerawave. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

16. CONTACTING US

If you have any questions about these Terms or if you wish to report violations of these Terms, please contact by the "Contact Us" form.