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These additional terms and conditions (“Additional Terms on Talent Accounts”) apply to you if you are Talent as defined in the Braintrust Terms of Service (“Terms”). These Additional Terms on Talent Accounts are incorporated by reference into the Terms located at www.usebraintrust.com/terms. If there is a conflict between the Terms and the Additional Terms on Talent Accounts, then the Additional Terms on Talent Accounts govern in relation to that element of the Site Services. Capitalized terms not defined herein have the same meaning as defined in the Terms.

1. Talent Relationship with Talent Node.  You acknowledge, agree, and understand that Talent is solely responsible for determining, and have the sole right to determine, which Projects or Bids to accept; the time, place, manner, and means of providing any services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, warrant, and understand that: (a) you are not an employee of Talent Node, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (b) you are an independent contractor and nothing in these Additional Terms or the Braintrust Terms will be construed as establishing an employment or agency relationship between you and Talent Node; (c) you have no authority to bind Talent Node by contract or otherwise and you will perform all services under the general direction of Client, but you will determine, in your sole discretion, the manner and means by which such services are accomplished, subject to the requirement that you will at all times comply with applicable law; (d) Talent Node will not have any liability or obligations under or related to any Bids or Projects, services performed by Talent, or services performed by an Agency or its Agency Members or for any acts or omissions by you or other Users; (e) Freelancer will be paid at such times and amounts as agreed with a Client for a given Project and Talent Node does not, in any way, provide or guarantee Freelancer a regular salary or any minimum or regular payment; (f) Talent Node does not provide Talent with training or any equipment, labor, tools, or materials related to any Bid or Project; and (g) Talent Node does not provide the premises at which any User will perform the work. Subject to prior written approval by the applicable Client, Freelancers are free to use subcontractors or employees to perform Freelancer Services and may delegate work on fixed-price contracts or by agreeing with their Clients to have hourly contracts for Freelancer’s subcontractor(s) or employee(s). If a Freelancer uses subcontractors or employees (“Freelancer Personnel”), Freelancer further agrees and acknowledges that this paragraph applies to Talent Node’s relationship, if any, with Freelancer Personnel as well and Freelancer is solely responsible for their Freelancer Personnel.

 

2. Agency Relationship with Talent Node.  Without limiting the foregoing paragraph, if you are an Agency or Agency Member, you expressly acknowledge, agree, and understand that: (a) the Agency is solely responsible for paying its Agency Members in accordance with applicable law for work performed on behalf of the Agency and that such payments will not be made through the Site; (b) Talent Node is not a party to any agreement between the Agency and its Agency Members and does not have any liability or obligations under or related to any such agreement, even if the Agency or Agency Member defaults; (c) Talent Node does not, in any way, supervise, direct, or control the Agency or Agency Members or services performed by the Agency or Agency Members; (d) Talent Node does not set Agencies’ or Agency Members’ contract terms amongst themselves or with Clients (including determining whether the contract will be hourly or fixed price), fees, pricing, work hours, work schedules, or location of work; (e) Talent Node does not provide the premises at which the Agency or Agency Members will perform the work; and (f) Talent Node makes no representations as to the reliability, capability, or qualifications of any Agency or Agency Member or the ability or willingness of any Agency to make payments to or fulfill any other obligations to Agency Members, and Talent Node disclaims any and all liability relating thereto.

 

3. Taxes and Employee Benefits.  You will report to all applicable government agencies as income, all compensation received by you pursuant to any services you provide as Talent.  Further, you will be solely responsible for payment of all compensation to all Freelancer Personnel, as well as for payment of all withholding taxes, social security, workers’ compensation, unemployment and disability insurance or similar items required by any government agency.  Freelancer Personnel will not be entitled to any benefits paid or made available by Client or Talent Node to their respective employees, including, without limitation, any vacation or illness payments, or to participate in any plans, arrangements or distributions made by Client or Talent Node pertaining to any bonus, stock option, profit sharing, insurance or similar benefits.  You will indemnify and hold Talent Node harmless from and against all damages, liabilities, losses, penalties, fines, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or relating to any obligation imposed by law on Talent Node to pay any withholding taxes, social security, unemployment or disability insurance or similar items in connection with compensation received by you pursuant to any services you provide as Talent. 

 

4. Prohibited Uses of the Site.  In addition to the prohibited uses set forth in the Terms, you also agree not to do any of the following: 

(a) Fraudulently bill or attempt to fraudulently bill any Client, including by (i) falsifying or manipulating or attempting to falsify or manipulate the hours, keystrokes, or mouse clicks recorded by Talent Node, (ii) reporting, recording, or otherwise billing Clients for time that was not actually worked, or (iii) reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading or false;

(b) Misrepresent your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;

(c) Falsely state that one Talent will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Talent that is unable, unwilling, or unavailable to do the work;

(d) Make or demand bribes or make or demand other payments without the intention of providing services in exchange for the payment; 

(e) Spam other Users with Bids or invitations multiple times so that more than one version remains active at a given time; or

(f) Encourage or enable any other individual to do any of the foregoing.

 

5. Survival. Upon any termination, discontinuation or cancellation of the Site Services or your account, any Sections that by their nature are intended to survive will survive, including these Additional Terms on Talent Accounts.
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