Welcome to Clickwaters.com
Clickwaters.com is a global freelance marketplace connecting digital marketing professionals, clients, and agencies. These Terms and Conditions (“T&C”) govern your use of our platform—including our website, mobile applications, and any related services (collectively, the “Platform”). By accessing or using the Platform, you agree to be bound by these T&C. If you do not agree, please do not use the Platform.
1. Definitions
For purposes of these T&C, the following terms shall have the meanings set forth below:
- “Platform”: Clickwaters.com, including its website, mobile applications, digital tools, and any other services provided by Clickwaters.com.
- “User” or “You”: Any individual or entity accessing or using the Platform, including freelancers, clients, and agencies.
- “Freelancer”: A User who offers digital marketing services on the Platform.
- “Client”: A User who posts jobs, projects, or directly purchases services through the Platform.
- “Agency”: A business entity that manages multiple freelancers under a single account.
- “Job” or “Project”: Any task, assignment, or work request posted by a Client and provided by a Freelancer.
- “Commission”: The percentage fee Clickwaters.com charges on each completed project, as detailed in Section 3.
- “Boost”: Premium services offered on the Platform to enhance the visibility of job postings or freelancer profiles.
- “Account”: Your registered profile on the Platform that provides access to its features and services.
- “SOW” (Statement of Work): A document or agreement that details the specific scope, deliverables, timelines, and fees associated with a particular Job.
- “Dispute Resolution Process”: The procedures set forth in Section 5 for handling disagreements between Users.
- “Intellectual Property”: Copyrights, trademarks, patents, trade secrets, and any other proprietary rights associated with content and deliverables.
2. Account Registration and Types
2.1 Eligibility
To use the Platform, you must be at least 18 years old and have the legal capacity to enter into contracts. By registering an Account, you represent and warrant that you meet these requirements.
2.2 Account Types
Clickwaters.com offers three primary account types:
- Freelancer Account: For individuals offering digital marketing services. Freelancers can create detailed profiles, apply for Jobs, showcase portfolios, and receive payments.
- Client Account: For individuals or businesses seeking to hire digital marketing talent. Clients can post Jobs, review proposals, and manage project payments.
- Agency Account: For businesses or agencies that manage teams of freelancers. Agencies can apply for Jobs on behalf of team members, assign work internally, and receive consolidated payments.
2.3 Registration and Verification
All Users must provide accurate personal or business information during registration. To enhance trust and security on the Platform:
- ID Verification: Users may be required to submit government-issued identification and proof of address.
- Profile Verification: Freelancers and Agencies might need to verify qualifications or credentials before accessing premium features.
- Ongoing Verification: Periodic checks may be conducted to ensure continued compliance with our policies.
2.4 Account Security and Responsibilities
You are responsible for maintaining the confidentiality of your login credentials. Notify Clickwaters.com immediately of any unauthorized access. You are fully responsible for all activities conducted through your Account.
2.5 Suspension and Termination
Clickwaters.com may suspend or terminate your Account for reasons including, but not limited to:
- Violation of these T&C;
- Fraudulent or malicious behavior;
- Failure to complete required verifications;
- Non-payment or misuse of the Platform.
You may appeal account suspension or termination by contacting our support team.
3. Fees, Payments, and Premium Services
3.1 Commission and Service Fees
- Freelancer Fee: Clickwaters.com charges a flat commission (e.g., 15%) on the total payment for each completed Job. This fee is automatically deducted from the payment received.
- Client Fees: Clients do not incur service fees for posting Jobs; however, premium services (Boosts) may carry additional charges.
- Agency Fees: Agencies are subject to the same commission structure as freelancers. Additional management fees may apply based on the number of team members.
3.2 Premium Services and Boosts
The Platform offers premium services to enhance visibility and project outcomes:
- Job Boosts: Promote your job posting to appear at the top of search results.
- Profile Boosts: Increase the visibility of freelancer or agency profiles.
- Package Plans: Discounted bundles of Boosts or other premium features.
Details, pricing, and availability of these services may change at our discretion.
3.3 Payment Methods and Processing
Payments on the Platform are processed securely via trusted third-party processors (e.g., PayPal, Stripe, bank transfers). Clients fund their accounts or pay directly upon project completion. Clickwaters.com does not store sensitive payment information.
3.4 Payment Timeline and Escrow Services
- Escrow Release: Payments to freelancers are held in escrow until 48 hours after Job completion, allowing for client dispute resolution.
- Withdrawal Minimum: Freelancers must maintain a minimum balance (e.g., $30) before requesting withdrawals.
- Processing Times: Withdrawals are processed within 48 business hours.
3.5 Taxes and Financial Responsibility
Users are solely responsible for their own tax obligations. Clickwaters.com is not responsible for withholding or remitting taxes on behalf of freelancers or agencies.
4. Job Postings, Proposals, and Project Management
4.1 Posting and Managing Jobs
Clients can post detailed Jobs specifying:
- Project Scope: Description of work, requirements, deadlines, and budget.
- Milestones: For larger projects, Clients may define milestones with associated payments.
Clickwaters.com reserves the right to review and, if necessary, modify or remove Job postings that violate these T&C.
4.2 Proposals and Bidding Process
Freelancers may submit proposals that include:
- Detailed scope of work and timelines;
- Clear pricing and estimated hours;
- Examples of previous work.
Clients review proposals and select the freelancer or agency best suited for the project.
4.3 Project Management and Communication
The Platform provides tools for:
- Collaboration: In-platform messaging, file sharing, and video conferencing;
- Milestone Tracking: Manage progress, deadlines, and deliverables;
- Documentation: Maintain records of communications, proposals, and SOWs.
All communications regarding a Job should remain on the Platform to ensure transparency and security.
4.4 Dispute Resolution Process
Refer to Section 5 below for details on the dispute resolution process.
5. Dispute Resolution and Cancellation Policy
5.1 Dispute Resolution
In the event of a dispute:
- Initial Resolution: Parties should attempt to resolve the issue directly using the Platform’s messaging tools.
- Escalation: If unresolved, either party may escalate the issue to Clickwaters.com support for mediation.
- Binding Decision: If mediation fails, Clickwaters.com may issue a final binding decision, which may include adjustments to payments or project milestones.
- Arbitration: For unresolved disputes, both parties agree to binding arbitration under the rules of the American Arbitration Association, with costs shared equally.
5.2 Refunds and Cancellations
- Refund Eligibility: Refunds may be granted if work is not delivered, deviates significantly from agreed terms, or if freelancer inactivity occurs.
- Cancellation Prior to Work: If a Job is canceled before work commences, no payment is processed.
- Cancellation After Work Commences: If canceled after work begins, partial payments may be required based on completed milestones.
- Request Period: Refund requests must be submitted within three (3) days of project completion.
6. Intellectual Property Rights
6.1 Ownership of Deliverables
- Client Ownership: Upon full payment, the Client receives all rights to the deliverables (including copyrights, trademarks, and patents) produced for that Job.
- Freelancer Retained Rights: Freelancers may retain the right to include non-confidential samples of completed work in their portfolios unless a Client explicitly requests confidentiality.
6.2 Freelancer Portfolio and Publicity
Freelancers may display completed work in their portfolios and marketing materials. Clients can request confidentiality for sensitive work, and freelancers agree to comply with such requests.
6.3 Client Content and Third-Party Materials
Clients represent that they own or have licenses for all content provided for use in a Job. Clients agree to indemnify Clickwaters.com and freelancers from any claims arising from third-party intellectual property infringement.
7. Privacy and Data Protection
7.1 Data Collection and Use
Clickwaters.com collects personal and usage data to provide and improve our services. This includes:
- Name, contact details, and payment information;
- Usage data, such as interactions and communication logs.
By using the Platform, you consent to the collection and processing of your data as described in our Privacy Policy.
7.2 Data Security Measures
We implement robust security measures, including encryption and regular audits, to safeguard user data. However, Users are also responsible for maintaining the security of their Accounts.
7.3 Data Sharing and Third Parties
Your personal data will not be shared with third parties except as necessary for payment processing, dispute resolution, or as required by law. Any third-party processors must adhere to strict confidentiality and data protection standards.
7.4 User Rights and Data Access
Users may request access to, correction of, or deletion of their personal data. Requests will be processed in accordance with applicable data protection laws.
8. User Conduct and Obligations
8.1 Acceptable Use
Users agree to:
- Use the Platform in a lawful, respectful, and ethical manner;
- Communicate in a professional and courteous way;
- Abide by all project-specific guidelines outlined in each Job posting.
8.2 Prohibited Activities
You agree not to engage in:
- Posting false, misleading, or defamatory information;
- Harassing, discriminatory, or abusive behavior;
- Circumventing Platform fees or security protocols;
- Sharing or posting content that violates intellectual property rights or is deemed inappropriate (e.g., pornography, hate speech, spam).
8.3 Reporting Violations
Users are encouraged to report any violations of these T&C to our support team. We will review reports promptly and take appropriate action, including content removal, account suspension, or legal proceedings if necessary.
9. Termination of Service
9.1 Termination by Clickwaters.com
Clickwaters.com reserves the right to suspend or terminate your Account at any time, without notice, for reasons including, but not limited to:
- Violation of these T&C;
- Fraudulent or harmful activity;
- Failure to comply with the verification process;
- Requests from law enforcement or regulatory bodies.
9.2 Termination by Users
Users may terminate their Account at any time by contacting support. Upon termination:
- Outstanding payments must be settled;
- Ongoing projects must be completed or mutually canceled;
- All content associated with the Account may be permanently deleted.
9.3 Effects of Termination
Termination results in immediate loss of access to the Platform. Clickwaters.com is not responsible for any loss of data following Account termination.
10. Compliance with Local Laws and International Use
10.1 User Responsibility
Users are responsible for ensuring that their use of the Platform complies with all applicable local, national, and international laws and regulations.
10.2 International Users
Clickwaters.com is accessible worldwide. However, some services may be subject to restrictions in certain jurisdictions. By using the Platform, you represent that your access is legal in your country of residence.
10.3 Minors
The Platform is not intended for users under the age of 18. If we discover that an individual under 18 is using the Platform, we will take steps to terminate the Account and delete any associated data.
11. Marketing, Promotional Activities, and Affiliate Programs
11.1 Promotional Use of User Content
By using the Platform, you grant Clickwaters.com the right to use your profile, project descriptions, and testimonials in our marketing and promotional materials (including on social media and our website). If you wish to opt out, please contact support.
11.2 Affiliate Marketing
Clickwaters.com may engage in affiliate marketing programs. Any affiliate arrangements will be governed by separate terms. Affiliate partners must adhere to our strict guidelines to ensure ethical and legal promotional activities.
12. Additional Services and Tools
12.1 Project Management Tools
Clickwaters.com may offer additional project management tools to help Users manage tasks, deadlines, and communications. These tools are provided “as is” without warranties.
12.2 Escrow Services
We may offer escrow services to secure payments between Clients and Freelancers. Funds will be held in escrow and released upon successful project completion or according to the dispute resolution process.
12.3 Insurance Options
Future plans may include offering insurance options to cover project delays, non-payment, or other risks. Details of any insurance options will be provided on the Platform as they become available.
13. Governing Law, Jurisdiction, and Dispute Resolution
13.1 Governing Law
These T&C shall be governed by and construed in accordance with the laws of the United States. Users agree to submit to the exclusive jurisdiction of the courts in [Insert Jurisdiction] for any disputes arising under or in connection with these T&C.
13.2 Dispute Resolution
- Informal Resolution: Users should first attempt to resolve disputes directly via the Platform’s communication tools.
- Escalation: Unresolved disputes may be escalated to Clickwaters.com support for mediation.
- Binding Arbitration: If mediation fails, disputes will be resolved through binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in [Insert Location], and the decision shall be final and binding.
14. Modifications to Terms and Conditions
14.1 Right to Modify
Clickwaters.com reserves the right to update or modify these T&C at any time. Updated terms will be posted on the Platform and become effective immediately upon posting.
14.2 Continued Use
Your continued use of the Platform after any modifications constitutes your acceptance of the updated T&C. If you disagree with any changes, you must cease using the Platform and close your Account.
15. Limitation of Liability and Disclaimer
15.1 Limitation of Liability
To the maximum extent permitted by law, Clickwaters.com, its affiliates, and their officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, even if advised of the possibility of such damages.
15.2 Disclaimer of Warranties
The Platform is provided on an “as is” and “as available” basis without any warranties, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement. Clickwaters.com does not guarantee that the Platform will be uninterrupted, error-free, or secure.
16. Miscellaneous
16.1 Entire Agreement
These T&C, together with our Privacy Policy and any additional legal notices published on the Platform, constitute the entire agreement between you and Clickwaters.com and supersede all prior communications or agreements.
16.2 Severability
If any provision of these T&C is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
16.3 No Waiver
The failure of Clickwaters.com to enforce any right or provision of these T&C shall not be deemed a waiver of such right or provision.
16.4 Assignment
You may not assign or transfer your rights or obligations under these T&C without prior written consent from Clickwaters.com. Clickwaters.com may assign its rights and obligations without restriction.
16.5 Force Majeure
Clickwaters.com shall not be liable for any failure to perform its obligations due to causes beyond its reasonable control, including acts of God, war, terrorism, strikes, pandemics, or other natural or man-made disasters.
By using Clickwaters.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
If you have any questions or concerns regarding these T&C, please contact our support team.
Last Updated: 31/03/2025
