Zherpa Talent Network

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Terms of Service

Zherpa Talent Network – Terms of Service

Zherpa TalentNetwork Terms of Service

Effective Date: June 8, 2025

These Terms of Service ("Terms") govern your access to and use of the Zherpa TalentNetwork platform (the "Platform"), operated by Zherpa, a Mexican company. By creating an account or using the Platform, you agree to be bound by these Terms and our Privacy Policy.

1. Definitions

  • User: Any individual or entity that registers for or uses the Platform, including Clients and Service Providers.
  • Client: A User who posts job listings and procures services through the Platform.
  • Service Provider: A User who offers services and enters into contracts with Clients via the Platform.
  • Transaction Fee: The fee Zherpa charges on each completed contract, as specified herein.
  • Content: Any text, files, images, or other materials uploaded to the Platform by Users.
  • Platform Role: Zherpa acts solely as a technology intermediary; it is not a party to agreements between Clients and Service Providers and bears no responsibility for their performance or non-performance.

2. Acceptance of Terms

By registering for an account or using the Platform, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, you must not use the Platform.

3. Eligibility

3.1. You must be at least 18 years old or the legal age to form a binding contract in your jurisdiction. 3.2. You represent and warrant that you have the authority and capacity to enter into and perform these Terms.

4. Account Registration & Security

4.1. You agree to provide accurate, current, and complete information when registering. 4.2. You are solely responsible for safeguarding your password and account credentials. 4.3. You agree to notify Zherpa immediately of any unauthorized use of your account.

5. Data Protection & Privacy

5.1. Zherpa collects, stores, and processes personal data in accordance with its Privacy Policy and applicable laws, including Mexico’s LFPDPPP, the EU GDPR, and the U.S. CCPA. 5.2. Users have rights to access, rectify, cancel, and object to processing, data portability, and withdrawal of consent by contacting legal@zherpa.ai. 5.3. Zherpa implements reasonable technical and organizational measures to protect personal data against unauthorized access, alteration, or loss.

6. Service Plans & Subscriptions

Zherpa offers the following plans. You select and subscribe during registration or via your account settings.

Freelancer Free

  • Monthly Fee: $0
  • Listings Included: Up to 3 GIGs
  • Commission: 12% of total contract value
  • Extra GIG: $5 USD per additional GIG
  • Featured Listing: $5 USD per week
  • 20-Post Bundle: $75 USD for 20 GIGs ($3.75 each)

Business Free

  • Monthly Fee: $0
  • Listings Included: Up to 1 Job
  • Commission: 10% of total contract value
  • Extra Job: $9 USD per additional Job
  • Featured Listing: $5 USD per week
  • 20-Post Bundle: $120 USD for 20 Jobs ($6.00 each)

Freelancer Pro

  • Monthly Fee: $9 USD
  • Listings Included: Unlimited GIGs
  • Commission: 10% of total contract value
  • Extra GIG: $5 USD per additional GIG
  • Featured Listing: $5 USD per week (1 slot included)
  • 20-Post Bundle: $99 USD for 20 GIGs

Business Pro

  • Monthly Fee: $39 USD
  • Listings Included: Unlimited Jobs
  • Commission: 5% of total contract value
  • Extra Job: $9 USD per additional Job
  • Featured Listing: $5 USD per week (2 slots included)
  • 20-Post Bundle: $99 USD for 20 Jobs

Partners Alliance

  • Monthly Fee: $59 USD

  • Listings Included: Unlimited Jobs/Projects/GIGs

  • Commission:

    • 0% on Partner→Partner transactions
    • 3% on Partner→Freelancer transactions

  • Extra Job: $9 USD per additional Job

  • Featured Listing: $5 USD per week (5 slots included)

  • 20-Post Bundle: $99 USD for 20 Jobs/Projects

Note: To qualify for platform levels, rankings, and badges, a User must have conducted at least 80% of their transactions and payments through the Platform.

7. Fees, Taxes & Invoicing

7.1. Subscription & Transaction Fees. Billed monthly; fees prorated on plan changes. 7.2. Extra Listing Fees. Charged as specified in Section 6. 7.3. Payment Processing. All payments are processed through Zherpa’s escrow system via third-party processors (e.g., Stripe, PayPal); Users agree to their terms. 7.4. Taxes & Invoicing. Users are responsible for taxes in their jurisdiction. Zherpa issues VAT/GST invoices only for payments processed through the Platform’s escrow system. In zero-rate jurisdictions (e.g., United States), no sales tax is applied. Other local tax obligations remain the User’s responsibility.

8. Cancellation & Refund Policy

8.1. Subscription Cancellations. Users may cancel subscriptions at any time; cancellations take effect at the end of the current billing period. No refunds for partial periods except as provided in Section 17. 8.2. Transaction Disputes. All disputes must use the Platform’s dispute resolution process. Zherpa may, at its discretion, refund Transaction Fees for valid disputes on-platform. 8.3. Extra Listings & Bundles. Fees for extra GIGs, Jobs, Featured Listings, and Bundles are non-refundable except as required by law or system error. 8.4. Bundle Expiration. Unused GIGs or Jobs in a bundle expire 12 months after purchase and are non-refundable.

9. Exclusive On-Platform Benefits

9.1. Welcome Bonus. Complete your first three on-platform transactions to receive one free Featured Listing week. 9.2. Guarantees & Support. Only on-platform transactions are eligible for invoicing, escrow protection, and the full Complaint Procedure (Section 32).

10. Service Provider Obligations

10.1. Providers represent they possess the skills and qualifications to perform services. 10.2. They must deliver services professionally and timely. 10.3. They grant Zherpa a non-exclusive license to display their profile and ratings on the Platform.

11. Client Obligations

11.1. Clients agree to provide clear project requirements, timelines, and necessary information. 11.2. Clients must pay promptly through the Platform escrow. 11.3. Clients must use the Platform’s dispute process for issues; off-platform agreements forfeit complaint rights.

12. Prohibited Activities

You agree not to:

  • Use the Platform for illegal or unauthorized purposes.
  • Upload fraudulent, infringing, or harmful Content.
  • Circumvent fees by arranging off-platform transactions (will trigger liquidated damages per Section 20).
  • Impersonate another person or misrepresent your identity.
  • Disrupt or harm the Platform or other Users.

13. Intellectual Property

13.1. Platform Content. All content provided by Zherpa is protected by copyright and trademark laws. 13.2. User Content. You retain ownership of Content you post. By posting, you grant Zherpa a worldwide, royalty-free license to use it for the purpose of operating, promoting, and improving the Platform.

14. Disclaimers & Limitation of Liability

14.1. Platform Role Disclaimer. Zherpa is a neutral intermediary and does not guarantee service quality or legality. Disputes and performance obligations are solely between Clients and Providers. 14.2. Disclaimer of Warranties. The Platform is provided "as is" without warranties of any kind. 14.3. Limitation of Liability. Zherpa’s total liability will not exceed the total fees paid by you in the twelve (12) months preceding the claim.

15. Indemnification

You agree to indemnify and hold harmless Zherpa and its affiliates from any claims, liabilities, losses, damages, or expenses arising from your breach of these Terms or misuse of the Platform.

16. Termination

16.1. Zherpa may suspend or terminate your account for any violation of these Terms. 16.2. Upon termination, all rights to access the Platform cease; accrued rights and liabilities survive.

17. Survival

Sections 1 (Definitions), 11 (Prohibited Activities), 12 (Intellectual Property), 13 (Disclaimers & Limitation of Liability), 14 (Indemnification), 25 (Modifications to Terms), 27 (Governing Law & Dispute Resolution), 29 (Copyright Infringement), 30 (Security & Fraud Prevention), 31 (Liability Insurance), 32 (Commercial Practices Notice & Complaint Procedure), and 33 (Contact Information) will survive termination of these Terms.

18. Force Majeure

18.1. Neither Zherpa nor any User shall be liable for failures or delays due to events beyond reasonable control, including acts of God, war, terrorism, strikes, network failures, or governmental actions. 18.2. In the event of service interruption caused by Force Majeure, Zherpa’s sole obligation shall be to refund any prepaid subscription fees on a pro rata basis. 18.3. Under no circumstances shall Zherpa be liable for any indirect, incidental, special, consequential, or punitive damages arising from such interruption.

19. Relationship of the Parties

19.1. Nothing creates an employment, agency, partnership, or joint venture between Zherpa and any User. Service Providers are independent contractors and responsible for all taxes and obligations associated with their business. 19.2. Zherpa does not control or direct Providers and disclaims any fiduciary duties.

20. Non-Solicitation & Liquidated Damages

20.1. Users agree not to solicit or engage directly with other Users for services outside the Platform for twelve (12) months following their last transaction. 20.2. Any attempt to circumvent Platform fees through off-platform agreements will: a) Void any invoicing, escrow protection, and complaint rights for that transaction; b) Entitle Zherpa to recover liquidated damages equal to twice the fees lost due to circumvention, chargeable automatically via retained escrow funds or card on file.

21. Assignment

21.1. Users may not assign or transfer their rights or obligations under these Terms without Zherpa’s prior written consent. 21.2. Zherpa may freely assign these Terms to affiliates or successors.

22. Waiver

No failure or delay by Zherpa to enforce any right or remedy under these Terms constitutes a waiver of that right or remedy.

23. Entire Agreement

These Terms, together with the Privacy Policy and incorporated documents, constitute the entire agreement between Users and Zherpa, superseding all prior agreements.

24. Feedback & Reputation Grades

24.1. Users grant Zherpa a worldwide, royalty-free license to use and incorporate feedback. 24.2. Access to platform levels, rankings, and badges requires at least 80% of a User’s transactions and payments to be processed on-platform.

25. International Use & Compliance

25.1. These Terms apply to all Users worldwide, except where prohibited by local law. Users agree to comply with any applicable local regulations when using the Platform. 25.2. If any provision of these Terms conflicts with mandatory local law, such provision shall be deemed amended to conform to that law, and the remaining Terms shall remain in full force and effect.

26. Modifications to Terms

Zherpa may modify these Terms at any time. We will provide notice of material changes by posting updated Terms on the Platform. Continued use of the Platform after changes constitutes acceptance.

27. Severability

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

28. Governing Law & Dispute Resolution

These Terms are governed by the laws of the United Mexican States. Any dispute arising under these Terms will be resolved by arbitration in Mexico City under the rules of the Mexican Arbitration Center.

29. Notices

29.1. All notices under these Terms must be in writing. Zherpa may provide notice by posting on the Platform or by email to the address you provide. You agree that such notices constitute effective legal notice. 29.2. You may give notice to Zherpa by email or certified mail to the contact details in Section 33. Notices are effective upon receipt.

30. Copyright Infringement

30.1. If you believe any content on the Platform infringes your copyright, you may submit a notice to Zherpa’s Designated Copyright Agent at legal@zherpa.ai, including sufficient detail to allow Zherpa to locate the material, a statement of good faith belief, and a sworn statement under penalty of perjury. 30.2. Zherpa will respond to valid DMCA notices in accordance with applicable law.

31. Security & Fraud Prevention

31.1. Users are responsible for maintaining the confidentiality of their account credentials and for all activities under their account. 31.2. Zherpa implements reasonable administrative, technical, and physical safeguards to protect User data as described in the Privacy Policy but does not guarantee absolute security. 31.3. Zherpa employs fraud prevention measures, including email and phone verification during registration, ongoing monitoring of user activity, ratings, and transactions to detect and prevent fraudulent behavior.

32. Liability Insurance

32.1. Zherpa maintains professional liability (errors & omissions) insurance to cover claims arising from the operation of the Platform.

33. Commercial Practices Notice & Complaint Procedure

33.1. Commercial Practices Notice. Zherpa ensures transparency in all aspects: service details, total pricing, delivery timelines, cancellation mechanisms, and refund policies. 33.2. Complaint Submission. Users may submit complaints to legal@zherpa.ai with their name, account ID, issue description, and supporting evidence. 33.3. Acknowledgment & Tracking. Zherpa will acknowledge receipt within two (2) business days, assign a tracking number, and designate a responsible representative. 33.4. Resolution Timeline. Zherpa will provide an initial response with a proposed resolution within fifteen (15) business days and complete implementation within five (5) business days thereafter. 33.5. Escalation. If unsatisfied, Users may request escalation to an internal review committee within five (5) business days of initial resolution; the committee will issue a final decision within ten (10) business days. 33.6. External Remedies. Users may pursue remedies with relevant consumer protection authorities in their jurisdiction (e.g., PROFECO in Mexico, FTC in the U.S., CMA in the UK) if internal resolution is unsatisfactory.

34. Contact Information

For questions or notices regarding these Terms, please contact us at:

Zherpa, S.A. de C.V. Email: legal@zherpa.ai Address: Av Empresarios 135, Col. Puerta de Hierro, Zapopan, Jalisco, México. CP 46116.

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