Payment of online work not recieved?
My cousin bro is into freelancing work over the internet and his payment of 5500 has not been done after repeated reminders. So, what is the basis on which you can frame a legal case of Swindling on someone?
Any freelancing work done over the internet would have had an agreement that your brother signed digitally or clicked on the “I Accept” button and thereby agreeing to the terms and conditions put forth by the website/ organisation. Firstly, the suit for recovery of the payment amount can only be instituted in the country which has been decided as the place of any litigation and secondly, whose laws are applicable. The basis for any suit would be the contract and the laws governing it as decided in the contract itself.
Note: A more detailed view is possible only if you could provide the details of the agreement.
Your brother can by all means ask from them his legitimate payment which he has earned from his freelance work. However, we are to determine, how it is possible. I would like to mention that, contracts are one of the most important and least understood aspects of the freelancing business. Employers and service providers often assume that the agreement they’ve entered into on a project is automatically legally binding. Unfortunately, this often isn’t the case, and even when it is, enforcing your legal rights can be both difficult and costly. This applies equally to service buyers and providers, so it’s a good idea to understand how to protect yourself when you are hired.
There are certain measures which we need to take while engaging ourselves into any sort of such online freelancing activity, and those are enumerated as follows:
1. Check the feedback of the other party before awarding or accepting a project. 2. Spell out your terms specifically in project descriptions, bids and private messages. 3. Use the message boards or email for communication. It’s hard to prove a phone call. 4. Use the Milestone Payments feature for payment.
However, let me put it very clear that, none of the steps above mentioned will guarantee a successful transaction, but they will give a basic record of the requirements and conditions, if a dispute should arise.
Now, I am sure, your brother entered into the freelancing work vides an online agreement. Hence it’s important for us to understand what is an online and or electronic contract is, it is an agreement created and "signed" in electronic form -- in other words, no paper or other hard copies are used. An e-contract can also be in the form of a "Click to Agree" contract, commonly used with downloaded software. The users click an "I Agree" button on a page containing the terms of the software license before the transaction is completed.
Well, e-contacts are governed by the same laws which govern the paper contracts but there are some specific criteria for admissibility of an e-contract. The entity presenting an electronically signed document needs to be able to prove the intent of the signer and the security of the signed document. If there is any possibility that the contract could have been altered or tampered with after it was signed, it’s unlikely that in such a case, the judge will admit it into evidence.
And once an electronic contract is admitted by the judge, its enforceability is governed by the same legal principles that apply to paper contracts with handwritten signatures.
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