Terms of Use

Terms of Use

Updated as per 5th February 2017

Privilege Partners LLC owns and operates the websites eFinancialModels.com and eFinancialModelers.com (the “Websites”). The terms “We,” “Us,” “Our”, the “Operator” or “EFM” refers to Privilege Partners LLC and our affiliates.  The Terms of Use (“Terms”) form a legal binding agreement (“Agreement”) between the Operator and you (“User”). By using any of our Websites, its products and services you agree to these Terms of Use. The Terms of Use are subject to change and the User is requested to check these Terms periodically for updates. If you do not agree, simply do not continue to use our Websites, products and services.

 

1. The Purpose

The purpose of our Websites is to provide Users easy access to a variety of quality financial modeling products and services from third party vendors registered with Us or from Us. Our Websites provide a marketplace with the following two branches:

  • www.efinancialmodels.com – a marketplace for Excel financial model templates. The Excel model templates are provided from third party vendors for which eFinancialModels provides the infrastructure and marketplace
  • www.efinancialmodelers.com – a marketplace for Freelance financial modeling service which connects Freelancers with our users to assist them building financial models

Users who are selling products and services via our website are referred to as “Vendors” (sale of products such as Excel financial model templates) or “Freelancers” (sale of financial modeling services). Both Vendors and Freelancers are Users as well.

 

2. Copyright

Copyright (с) 2017 eFinancialModels (с) 2017 eFinancialModelers

Subject tо thе еxрrеѕѕ provisions of thеѕе tеrmѕ аnd соnditiоnѕ:

  1. Content provided by third-parties, e.g. excel model templates from vendors or freelancers or standard software used, their Copyrights belong to them. By listing their products and services with Us, they grant us a license to use that content in order to market their products and services.
  2. Otherwise we reserve аll thе copyright and other intеllесtuаl property rights on our Websites and reserve all rights to it.

 

3. User Data and Privacy Policy

We collect user information (“User Data”) as per our Privacy Policy. The Privacy Policy forms an integral part of these Terms of Use.

 

4. Permitted Use

Normal Use

We only allow a normal use of our Websites in line with its stated purpose, which does not harm or otherwise harass other users. We reserve the right to terminate the accounts from Users, which are not using the Websites with the stated purpose, misbehave, or abuse the Websites in any other fraudulent or inappropriate manner at any time.

Purchased Products and Services

By purchasing Products or Services from Us or Third Parties via our Website, the User receives a lifelong, royalty free, strictly personal and non-commercial usage right provided the User adheres to the following:

  • to use the Products, Services and its Derivates strictly in a closed user group of maximum 50 persons
  • to retain and protect all copyrights of the provided Contents
  • not to reuse the obtained Content and Services or derivatives for commercial use (reselling)
  • not to distribute our Products and Services to the public, especially not via email lists, Google, Facebook or any other form of public document sharing
  • not to ѕеll, rеnt оr ѕub-liсеnѕе mаtеriаl frоm оur Websites
  • not to republish mаtеriаl frоm our Websites (including rерubliсаtiоn on аnоthеr website)

Any other use, unless explicitly permitted by us in writing, is not permitted.
5. Vendor Product Submissions

The term “Submissions” refers to Products and Services submitted by third party Vendors on www.efinancialmodels.com for sale. By submitting Products and Services the Vendor confirms, that

  • he is the rightful owner of the submitted Content
  • the submitted Content is of non-offensive nature and not subject to any Non-Disclosure Agreement
  • he has given credit to any copyright or trademark permissions required from any third party and will abstain to submit Content which does not have the required authorizations
  • he agrees to our Fees and our Fee Policy
  • he grants Us the right to use, market and distribute the submitted Content as per his specified pricing terms
  • Submission and Vendor profile can be reviewed by Us and edited if needed
  • to grant Users a royalty free license to use the purchased products as stated in section 4, permitted use.
  • he will indemnify and hold us and our affiliates harmless for any claims, demands or damages, including lawyer’s fees, for any violation of the Terms stated herein

We reserve the right to approve Vendors and decide on our own to publish or not to publish the submitted products.

 

6. Freelancer Services

Projects and Bids

Users can post financial modeling projects on www.efinancialmodelers.com. Freelancers are invited to submit bids (“Bids”) for such projects while we will only provide the infrastructure and platform as intermediary to connect the User and Freelancers for such services.

By posting a Project via Us, the User agrees to the following:

  • Provide adequate guidance and description what the objective and desired outcome of the requested service shall be
  • Pay upfront for the required service
  • He is free to accept / deny any Bids received and its his responsibility to choose among the desired service.
  • He will not circumvent Us and only engage the Freelancer via our platform and as per our applicable fees
  • He will not change the scope of work in hindsight. Instead he is responsible to be upfront on the requested scope of work
  • He agrees that Freelancer can transform the delivered Financial Model into a Template later on by removing any specific of the User or his Project and by changing the numbers to anonymize the case in form of a template

By submitting a bid, the Freelancer confirms that

  • he has carefully reviewed the requested scope of work
  • he has the required know-how and experience to deliver the requested service
  • that the bid reflects a fixed price where the deliverable needs to be agreed upon with the User upfront to avoid any misunderstandings
  • the Freelancer is solely responsible to deliver the requested service
  • he will indemnify and hold us and our affiliates harmless for any claims, demands or damages, including lawyer’s fees, for any violation of the Terms stated herein
  • he agrees to our Fees and our Fee Policy
  • he will only receive the funds once they the project has been delivered subject to successful dispute resolution.

Dispute Resolution

In case the User is not happy with the delivered work by the Freelancer, the User will contact Us and open a dispute. In case the Freelancer realized the requested scope of work goes beyond to what was agreed, he will contact us and open a dispute.

By opening a dispute, both Users and Freelancers are obliged to propose a reasonable solution to resolve that dispute. We will review the arguments brought forward from both parties and will work with both parties to find a mutually acceptable solution. In case no solution can be found, we will seek the unwind the Transaction or in case thats not possible will use our best judgement to resolve that dispute.

Both, User and Freelancer, agree to constructively cooperate to find a mutually acceptable solution as first priority. Only in case of remaining disagreement, both, User and Freelancer agree, that they will adhere to our final decision and our judgement will be binding.

 

7. Fee Policy

We do not charge any listing fees, listing is free on our Websites. We only charge Vendors and Freelancers a fee for a successful sale for products and services sold via our Websites.  Those fees are stated at the respective registration pages for selling a product or service via our Websites. We may choose to temporarily change the fees for our services for promotional events or new services and will announce such changes.

Applicable fees are stated on the following pages:

 

8. Limited Warranty

Products and Services are provided on a “as is” basis., There is expressively no warranty provided for any eventual mistakes, omissions of the Content nor any guarantee. Products and Services delivered might have errors or omissions in it, which fall under the responsibility of the User to review it and adapt it to his specific case.

Unless otherwise stated, all fees are quoted in United States Dollars.
9. Limitation of Liabilities

Accountability for links

Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.

Accountability for content

The contents of our pages have been created with the utmost care. However, we cannot guarantee the contents’ accuracy, completeness or topicality. According to statutory provisions, we are furthermore responsible for our own content on these web pages. In this context, please note that we are accordingly not obliged to monitor merely the transmitted or saved information of third parties, or investigate circumstances pointing to illegal activity.

We rеѕеrvе thе right tо diѕсоntinuе оr alter аnу оr all оf our wеbѕitе services, аnd to ѕtор рubliѕhing оur Wеbѕitеs, аt аnу timе in оur ѕоlе diѕсrеtiоn without notice or explanation. The User will not be entitled to аnу соmреnѕаtiоn for eventual damage upon the discontinuation of our website.

Excluding accountability for eventual damages or losses

We, our Vendors and Freelancers

  • will not be liable for any damages or losses which might have occurred directly or indirectly by using the Content. Any eventual liability and compensation of damages herewith is excluded
  • will not be liable in case our products or services lead to an incorrect basis for decision making. Its the Users responsibility to review the plausibility of the provided conclusions in light of his personal circumstances.
  • will nоt be liаblе in rеѕресt of аnу buѕinеѕѕ losses, including (withоut limitаtiоn) lоѕѕ of or dаmаgе to рrоfitѕ, income, revenue, use, рrоduсtiоn, аntiсiраtеd ѕаvingѕ, buѕinеѕѕ, соntrасtѕ, соmmеrсiаl орроrtunitiеѕ оr gооdwill.
  • will nоt be liаblе  in respect of аnу loss оr corruption оf any data, database or ѕоftwаrе.
  • will nоt be liаblе in rеѕресt оf аnу ѕресiаl, indirect оr consequential lоѕѕ оr dаmаgе.
  • will nоt bе liаblе in rеѕресt of аnу losses arising оut оf аnу event оr events bеуоnd our rеаѕоnаblе control.