By visiting or using the Services available from the domain and sub-domains of www.mytino.com, which includes the website www.mytino.cn, (together, the “Site”) you are contractually agreeing to the following terms and conditions (collectively, the “Terms of Service” or “Agreement”).
  Please consult the Terms of Service and any linked information regularly for updates. We reserve the right to revise the Terms of Service and any linked information from time to time in our sole discretion. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.

As used in the Terms of Service:
“Bidder” means a Member that offers and delivers Bidder Services to Buyers on the Site
“Buyer” means a Member that investigates and purchases Bidder Services on the Site
“Member” means a person or legal entity that registers for an account with myTino for use of the myTino Services available from the Site
“Nickname” means the user name by which a Member is identified within Site
“User” means (1) a person who is a Member, using the Site on his or her own behalf, or (2) a person who is using the Site on behalf of a Member that is a company or organization
“Visitor” means a person who is only visiting the Site (i.e., not a Member or User)
“you” means the Visitor or Member accessing the Site or using the Services on the Site on his or her own behalf; or, if the Services on the Site are used on behalf of a company or organization, “you” means the Member for which the Services are used and the User who accesses the Site on behalf of such Member, and such User will be deemed to represent that he or she has the authority to do so on the Member’s behalf.

INCORPORATED INFORMATION AND POLICIES
This Agreement hereby incorporates all rules, policies, and guidelines on the Site, including:
• Billing and Payment Service Policy
• Job Funding and Award Conditions
• Privacy Policy
• Copyright Policy
• Registration Information
• Safeguarding Your Password
• Posting Information or Content
• User Obligations
• Posting Jobs
• Communication
• Rating and Feedback System
• Providing Services
• Bidder Membership Fees
• Enforcement of Site Policies
• Dispute Resolution
• Referral Program
• Contacting Customer Service

MEMBER ELIGIBILITY
  Our Services are available only to legal entities and individuals who can form legally binding contracts. To register for an account with myTino and become a Member, you must accept all of the terms and conditions in, and linked to, the Terms of Service. myTino reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone.
  You agree to pay all fees applicable to your use of the myTino Services, and you agree not to circumvent myTino’s fee structure, all in accordance with the Site Policies and the Billing and Payment Services Policy, as applicable.

YOUR ACCOUNT
  To become a Member and use the services available from the Site you must register for an "Account". You will provide true, accurate and complete information as prompted by the registration form, and update such information to maintain its truth, accuracy and completeness. You must safeguard the login email (“Member ID”) and password you use to access this Site. We may rely on any use of the Site with your Member ID and password as authorized by you.

SCOPE OF SERVICES
The Site delivers the following Services (“Services”):
“Bidder Services” means all Jobs and any other Services delivered by Bidders through the Site.
“Community Services” Provision of the Site by myTino as a venue which enables Members to form, manage, join and participate in focus groups for professional topics of interest. Members may review and post reports on topics of interest.
“Marketplace Services” Provision of the Site by myTino as a venue where: (1) Buyers can define and source projects ("Jobs") and look for and engage Bidders directly; and (2) Bidders can advertise their capabilities and bid on Jobs. In providing Marketplace Services, myTino does NOT source or deliver Jobs. myTino only provides the venue for Buyers and Bidders to find and contract with each other for Jobs. See the Site Policies for further descriptions of this service.
“myTino Services” means any of the above Services delivered by myTino through the Site.
“Transaction Services” These are the billing, payment, investigation, dispute resolution, and other Services myTino delivers through the Site. See Billing and Payment Services Policy and Dispute Resolution Policy for a further description of these Services.

LEGAL RELATIONSHIP
Contracts Between Bidders and Buyers
  By registering as a Member, you acknowledge and agree that you contract directly with other Members of the Site to buy or sell Bidder Services. myTino is not a party to any contract for any purchase and sale of Bidder Services on the Site, including without limitation Jobs. Each Member is solely responsible for the enforcement and performance of its rights and obligations for the purchase and sale of Bidder Services, including without limitation Jobs.
  The Site functions as a venue to connect Bidders with Buyers in an online marketplace. myTino is not involved in the contracting between Bidders and Buyers, or in the Bidders’ delivery of services to Buyers. We have no control over and do not guarantee the quality, safety, reliability or legality of Services advertised, the truth or accuracy of listings, the qualifications, background, or abilities of Site Members, the ability of Bidders to deliver Services, the ability of Buyers to pay for Services, or that a Bidder or Buyer will actually complete a transaction. Each Bidder and Buyer must look solely to the other for enforcement and performance of all the rights and obligations pursuant to the transactions it entered into with the other on the Site, and any other terms, conditions, representations, or warranties associated with such dealings.
  Upon acceptance of a bid, Buyer agrees to purchase the Services and Bidder agrees to provide the Services according to the terms of the final bid or other terms agreed to by the parties.

Taxes, Reporting and Legal Responsibilities
  Except where expressly provided by myTino, each Member is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of Services from and by independent contractors.

User Content
  The Site contains information from third party sources, Bidders and Buyers. myTino does not confirm or verify such information. Members are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that they upload, publish or display (hereinafter, "post") on or through the Services or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that we may, but are not obligated to, review the Site and may delete or remove (without notice) any User Content in our sole discretion, for any reason or no reason, including without limitation User Content that in our sole judgment violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to us.
  When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the display, posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.

Third Party Content, Verification and Monitoring
  From time to time, myTino may make available to Members on the Site various Services provided by third parties to verify a Member’s identity or credentials. myTino has no editorial control over such content. myTino does not confirm or verify if a Bidder claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the Services or advice being requested. In addition, the Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Links
  The Site may contain links to other websites or resources. You acknowledge and agree that myTino is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the Site does not imply that we endorse the linked website. You use the links at your own risk.

No Agency
  The Terms of Service and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and myTino, except and solely to the extent expressly stated.

Access and Interference
  The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site without the prior express written permission of myTino and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site.

WARRANTY DISCLAIMER
  THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
  IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) USD $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

RELEASE
  If you have a dispute with another Member, you release myTino (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You agree to waive any exclusion to such general release, where applicable in any jurisdiction.

INDEMNITY
  You agree to defend, hold harmless and indemnify myTino from and against any and all losses, costs, expenses, damages or other liabilities incurred by myTino from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against myTino: (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Bidder; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Bidder. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

INTELLECTUAL PROPERTY
License and Site Access
  Subject to and conditioned on compliance with the Terms of Service, myTino grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of myTino or the rights holder. You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by myTino.

Reservation of Rights and Limited Licenses
  myTino and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The myTino logo and name are trademarks of myTino, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated in the foregoing, nothing in the Terms of Service confers any license under any of myTino’s or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.

CUSTOMER SERVICE
  If you have any questions, suggestions, reports of problems or complaints regarding any Services, your use of the Site, the conduct of or purchase, sale, delivery, or payment of or for Services by or from any Member, please contact Customer Service.

NOTICES AND COMMUNICATIONS
  Unless you otherwise indicate in writing to Customer Service, myTino will communicate with you by email or by posting communications on this Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when myTino sends it to the email address you have provided to myTino on this Site, or when myTino posts such communication on this Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings.
  All notices to myTino intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address:
Theotino, Inc.
14th Floor
East Software Park
90 Wensan Road
Hangzhou,  China 310012
Attention: Chief Financial Officer
Such notices to myTino are deemed effective upon receipt.

RESOLUTION OF DISPUTES BETWEEN MEMBER AND MYTINO
  If a dispute arises between you and myTino, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and myTino agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the myTino Services (a “Claim”) in accordance with this section entitled “Resolution of Disputes Between Member and myTino.” Before resorting to these alternatives, you agree to first contact us directly to seek a resolution by going to Customer Service.

Law and Forum for Disputes
  The Terms of Service are governed in all respects by the laws of the Hong Kong Special Administrative Region of China (“HKSAR”) without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against myTino must be resolved by a court located in the HKSAR, or as described in the Arbitration Option paragraph below. You hereby submit to the personal jurisdiction of the courts located within the HKSAR for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.

Arbitration Option
  For any claim arising between you and myTino (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

Improperly Filed Claims
  Should you file a claim contrary to this section entitled “Resolution of Disputes Between Member and myTino,” myTino will be entitled to recover attorneys’ fees and costs up to USD $2,000, provided that myTino has notified you in accordance with the Terms of Service of the improperly filed claim, and you have failed to promptly withdraw the claim

TERMINATION
  This Terms of Service Agreement shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by myTino or you as provided for under the terms of this Section.
  Unless otherwise agreed to in writing between the parties, either party may terminate the Agreement at any time upon notice to the other party. In such event, (i) myTino shall continue to perform those myTino Services necessary to complete any open transaction between you and another Member; and (ii) you shall continue to be obligated to pay myTino and any Bidders for any Services for which you have engaged from myTino or such Bidders in order to complete any such transactions.
  Without limiting myTino’s other remedies, we may issue a warning, temporarily suspend, indefinitely suspend or terminate your registration or a Job, and refuse to provide any or all Services to you if: (a) you breach any terms and conditions of the Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for myTino or are contrary to the interests of the Site or the myTino User community. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Site under the same Account, a different Account or reregister under a new Account.
  Without limiting myTino’s other remedies, to the extent you engage in actions or activities which circumvent the myTino Site or otherwise reduce fees owed myTino under the Terms of Service, you will pay myTino for all fees owed to myTino and reimburse myTino for all losses and costs (including any and all myTino employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
  When your membership is terminated, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and bids. The provisions entitled “Warranty Disclaimer,” “Limitation of Liability,” “Release,” “Indemnity,” “Intellectual Property,” “Notices and Communications,” “Resolution of Disputes between Member and myTino,” “General,” “Audit Provisions and Maintaining Records” and “Billing and Payment Services” will survive termination of this Agreement.

GENERAL
  You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. myTino will not be considered to have modified or waived any of our rights or remedies under the Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of myTino. No delay or omission by myTino in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of the Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. You will not transfer, assign or delegate your rights or obligations (including your Account) under the Terms of Service to anyone without the express written permission of myTino, and any attempt to do so will be null and void. myTino may assign this Agreement in its discretion.
  Except for the payment of fees to myTino, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
  The boldface paragraph headings in the Terms of Service are included for ease of reference only and have no binding effect. The Terms of Service and all documents referenced in the Terms of Service comprise the entire agreement between you and myTino with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any website that link to or are linked from this Site.

COPYRIGHT POLICY
Removal of Material for Which Copyright Infringement is Claimed
  If you believe your copyrights are being infringed by a User of the Services available at the domain and sub-domains of www.mytino.com, please fill out a notice of copyright infringement (“Infringement Notice”) and fax it to myTino Copyright Infringement Notices at 86-571-2800-6880.
Your Infringement Notice must include substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
  Please provide an Infringement Notice each time you wish to report alleged acts of infringement and fax it to the number provided.

BILLING AND PAYMENT SERVICE POLICY
Business Use
  myTino’s billing and payment service (the “Payment Service”) is intended for business use. To pay for Services using the Payment Service, you must be a Member that holds a valid credit card issued by a bank acceptable to myTino, a Paypal account or an Alipay account. Any Member of myTino is eligible to receive payments from other myTino users using the Payment Service.

Funds in Accounts
  Every Member’s Account will have a transaction account (“Transaction Account”) within which funds are retained. These funds may be used to pay Job fees to Bidders, Job posting fees paid by Buyers to myTino, transaction fees paid by Bidders who are Ordinary Members or Premium Membership fees. Any Member may add funds to his or her Transaction Account by any of the methods available on the Payment Service web pages.

Legal Relationship
  myTino provides the Payment Service and requires you to use it to make all payments to myTino and make payments to and accept payments from other Members in the purchase and sale of Services through the Site. Solely for purposes of the Payment Service, and not for any other Services available through the Site, myTino acts as your agent based upon your direction and your requirements to perform tasks on your behalf. myTino will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of a bankruptcy or for any other purpose.
  You acknowledge that: (1) myTino is not a bank and the Payment Service is a payment processing service rather than a banking service; and (2) myTino is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (3) MYTINO IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS. In addition, your Transaction Account will not constitute an escrow.
  By initiating and sending payments through the Payment Service or adding funds to your Transaction Account, you appoint myTino as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and conditions of this Agreement.

Payment Processor
  myTino acts as a payment processor by creating, hosting, maintaining, and providing the Payment Service to you via the Internet. myTino does not have any control over the Bidder Services purchased or sold with the Payment Service, nor whether a Buyer or Bidder you are dealing with will actually complete the transaction. Nothing in the Payment Service will be deemed to constitute myTino your agent with respect to any Bidder Services purchased and sold by Users through the Site, or expand or modify any warranty, liability or indemnity stated in the Terms of Service.

Interest
  You agree that you will not receive interest or other earnings on the funds in your Transaction Account or that myTino otherwise handles as your agent. myTino may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking Services or other compensation in respect of any balances in your Transaction Account.

How to Pay for Services Using the Payment Service
  Before you post a Job, you must set aside funds within your Transaction Account which are equal to your budget for the Job. To do this, you must use the Payment Service and you must follow the instructions and Payment Service links on the Site and provide the information requested. Unless you have a sufficient balance in your Transaction Account, myTino will ask to charge your credit card for the necessary amount. By providing us with your credit card information, you authorize us to charge such credit card for the amounts stated on the applicable Payment Service web page.
  When the Job is completed and you are satisfied with the outcome, you will need to pay the winning Bidder. When you instruct myTino to pay a Bidder using the Payment Service, such instruction: (1) is a representation that that Bidder has completed the applicable Services fully and satisfactorily, and (2) constitutes an irrevocable instruction to myTino to pay the Bidder. Once myTino has paid funds to the Bidder, myTino may not be entitled to demand return of the funds. You therefore agree, as a condition of using the Payment Service, NOT to ask your credit card company to charge back any amount to myTino for any reason. In the event you do, you hereby agree to repay myTino for such amounts, plus reasonable attorney fees and costs of collection, which may be effected by myTino making the appropriate deductions from your Transaction Account balance. myTino also reserves the right to terminate Service to you in addition to all other rights available to myTino.

Authorized Payments are Final
  Your use of the Payment Service constitutes your agreement to pay for any amounts which you authorize us to charge against your Transaction Account and, as appropriate, your credit card. Such payments, once authorized, ARE FINAL.

Currency
  The Payment Service operates in US Dollars and therefore myTino is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is myTino responsible for currency fluctuations that occur when receiving or sending payment via means other than credit cards, PayPal or Alipay to and from your Transaction Account.

Withdrawal of Funds
  Funds can be withdrawn from the Transaction Account to the Member’s Paypal, Alipay or other destination account provided that the withdrawal amount is not less than US $15.00 per transaction. To withdraw funds, you must request such funds using any of the withdrawal methods available on the Payment Service web pages. Any such request shall be subject to the conditions and restrictions contained in this Billing and Payment Service Policy and in the Terms of Service. Notwithstanding any other provision of this Billing and Payment Service Policy, if we determine in our sole discretion that a Member has violated this Billing and Payment Service Policy or the Terms of Service, we may refuse to process the withdrawal.

Agreement to Pay
  If, for any reason, myTino does not receive payment for any amounts that you have authorized to be paid through your use of the Payment Service or other myTino Services, you agree to pay such amount immediately upon demand by myTino. You also agree to pay any interest charges, attorney's fees and other costs of collection incurred by myTino in collecting from you the authorized but unpaid amount. In such case, myTino may, at its option, stop processing any further payments made by you and apply any amounts then held by myTino on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Payment Service or other myTino Service. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

Disputes Between Buyers and Bidders
  Any disputes in connection with Services provided by Bidders or payments made by Buyers remain between such Buyers and Bidders. By using the Payment Service, you acknowledge that myTino will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. myTino may, at its sole discretion, but shall not be required to, withhold or delay payment in the event of dispute between a Buyer and a Bidder.

Reservation of Rights
  myTino reserves the right to seek reimbursement from any Bidder and Bidder will reimburse myTino if myTino discovers erroneous or duplicate transactions or receives a charge-back from any Buyer's credit card issuer for the amount of such Buyer's purchase from such Bidder. myTino may obtain such reimbursement by charging the applicable Bidder's Transaction Account, deducting from future payments owed to such Bidder, by reversing any credits to such Bidder's bank Account, by charging such Bidder's credit card or by seeking reimbursement from such Bidder by any other lawful means. Failure to pay for reimbursements is cause for termination of Services.

Questions
  If you have any questions, suggestions or reports of problems regarding the Payment Service, please contact Customer Service.

PRIVACY POLICY
  Please view our Privacy Policy at http://www.mytino.com/about_myTino/privacy_policy.php
Site Policies
Registration Information
Safeguarding Your Password
Posting Information or Content
User Obligations
Posting Jobs
Ordering Packages
Communication
Rating and Feedback System
Providing Services
Bidder Membership Fees
Bidder Project Fees
Enforcement of Site Policies
Dispute Resolution
Referral Program
Contacting Customer Service

REGISTRATION INFORMATION
  You agree to provide true, accurate and complete information as prompted by the Registration form, and to update this information to maintain its truthfulness, accuracy and completeness. myTino may suspend or terminate your Account if information you provide is not complete or accurate.

SAFEGUARDING YOUR ACCESS DETAILS
  You agree to safeguard the login name, password and Nickname which you use to access this Site. You authorize us to assume that any person using the Site with your login name, password and Nickname either is you or is authorized to act for you. Further, your myTino Account (including feedback) and Nickname may not be transferred or sold to another party without the approval of myTino.

POSTING INFORMATION OR CONTENT
  You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting a request for Services, bidding on a posted project, posting your profile and providing feedback). You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Buyers, Bidders, myTino or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Buyers, Bidders, myTino or any third party as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the myTino Site. myTino is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. myTino is not responsible for and does not monitor or censor content for accuracy or reliability. myTino reserves the right to remove or restrict access to any information, content or project posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if myTino considers such information or content to be in violation of the Terms of Service or the Site Policies. You agree NOT to do any of the following on the Site:

• Post any Job, submit any bid or proposal, or otherwise use myTino to transmit any content or conduct any transaction that would violate any applicable law or regulation in any country.
• Post any Jobs that are fake, posted without the intention to award or complete the project or posted only to receive pricing information. • Post any Jobs that request free Services unless prior approval is obtained from myTino.
• Post any Job, bid, proposal, deliverable or transmit any content that infringes a third party's intellectual property rights, license rights, the terms and conditions of use of such third party’s Web site or copyrighted materials or such third party’s rights of publicity or privacy.
• Post any Job, bid, proposal, deliverable or transmit any content related to or containing any adult or sexually explicit material.
• Post any Job or transmit any content related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.
• Post advertisements, solicitations or offers of full-time employment.
• Post false or misleading information about a product, service or service request.
• Post logos, seals or slogans from third parties on the Site unless such material is provided by myTino or an myTino partner, or you have received express written permission from myTino to display such third-party logo, seal or slogan.
• Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
• Post or transmit unprofessional or offensive comments about a User, Member, Bidder, Buyer, myTino or any third party.
• Post any Job, submit any bid or proposal that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work; for example by passing off the skills, ideas or words of another as one's own; using another's production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.
• Suggest or solicit another User to contact you directly in order to buy or sell Services outside of myTino.
• Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
• Tamper with postings of other Users, Members or myTino.
• Solicit or gather any User's or Member’s information available from the Site, such as other Nickname and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.
• Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site.
• Use robots, spiders, scrapers or other automated means to access information in our Site for any purpose without express written permission from myTino.
• Post or introduce software on the Site that: (i) is designed to disrupt, disable, harm or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other software, firmware, hardware, computer system or network (sometimes referred to as “viruses” or “worms”); (ii) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as “time bombs,” “time locks” or “drop dead” devices); (iii) would permit you or any other person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as “traps,” “access codes,” or “trap door” devices, or “spyware”); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.
• Frame or link to the Site except as expressly permitted by myTino.
• Impersonate or misrepresent your affiliation with any person or entity.
• Repeat any action after you receive warning or request to desist from myTino, whether or not that action is explicitly prohibited in the policies stated on the Site.
• Fail to respond to an email from myTino regarding violation, dispute or complaint within two business days.
• Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site. • Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).
• Copy, modify or distribute content from the Site, except for your own information and use, without the prior express written permission from myTino.
• Select a Buyer or Bidder on the basis of religion, sex or race.
• Violate a request by myTino to not post Jobs deemed by myTino in its sole discretion to be contrary to the interests of the Site or the myTino User community.
• Violate any other policies stated on the Site.

  Violation of these rules may result in suspension or termination of your Account, in addition to all other remedies available to myTino or other Users or Members. If you are aware of a potential violation, please contact Customer Service. In order to operate the Site, myTino must have certain rights. Consequently, when you post information, text, files, links, attachments, software or other materials to publicly visible areas of the Site, you are granting, or warranting that the owner of such Content has expressly granted a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed.

USER OBLIGATIONS
  You agree to: (a) abide by the Terms of Service and Site Policies, and the processes and procedures described throughout the Site; (b) be financially responsible for your use of myTino and the purchase or delivery of Services; and (c) perform your obligations and complete the transaction as specified by the terms of your project or order, your bid or proposal or your agreed business terms, whichever is more recent, unless such transaction is prohibited by law or by the Terms of Service and Site Policies. Upon acceptance of a bid proposal, you agree to purchase the Services if you are a Buyer, or provide the Services if you are a Bidder, in accordance with the terms agreed to by the parties, subject to any mutually agreed increase or decrease in project scope. If the scope of the Services to be provided increases beyond the initial scope on the date of acceptance and the billings for the Job are larger than initially reported, you agree to report the higher amount through the myTino Payment Service and understand that, where applicable, myTino's transaction fee will increase proportionally.
  Buyers and Bidders agree not to engage in any action or activity meant to circumvent any fees payable to myTino. Prohibited practices include (but are not limited to) the following:
• Failing to report changed bid amounts or final service prices through the myTino Payment Service.
• Suggesting or soliciting Buyers to hire you outside the myTino system.
• Submitting bids or proposals for a project posted on the Site outside of the myTino system.

POSTING JOBS
  myTino offers you as a Buyer two ways to post your Job: public or confidential. During the bidding process, only the Buyer may view the contents of the bids. Other members will only see that bids have been submitted as well as the bidders’ nicknames. When the bid deadline expires and the Buyer is choosing the winning bid or, during a voting process, bid descriptions and thumbnails are made public, although working files will remain inaccessible.
  After choosing the winning bid:
• If the Buyer has designated the job as public, all of the winning bid’s contents including working files will be made public, while the other non-winning bids will have their descriptions and thumbnails only made public.
• If the Buyer has designated the job as confidential, , myTino will discuss with the Buyer as to how much of the winning bid should be made public. Non-winning bids will have their work description and pictures only made public.

  This process is to ensure transparency in the bidding process and promote overall confidence in the integrity of the Site.
  A fee of USD $10.00 will be charged for each project posted by a Buyer who is an Ordinary Member. This fee is waived for Buyers who are Premium Members.

Guidelines for Posting Jobs
  You agree to utilize the following guidelines:
• Post Jobs with clear scope, well-defined deliverables and required time frames. Do not hesitate to contact Customer Service for assistance with posting a Job.
• Answer clarifying questions from Bidders and update the Job description.
• Evaluate multiple proposals against criteria important to you such as a Bidder’s work experience, education, portfolio, certifications, references, feedback from prior Buyers, location, communication style and cost.
• Accept a proposal only when it has a clear statement of work, well-defined deliverables and milestones, precise timeframes and payment terms.
• Ask the Bidder to utilize define key milestones and payment schedules.
• Ask for the Bidder’s office hours and standard response times.
• Once you have awarded your Job, ensure that you keep records of correspondence used in managing the Job, especially discussions between you and the Bidder regarding scope, deliverables, milestones, timeframes, price, feedback, revisions, schedule changes, vacations, availability, delays, acceptance of deliverables and completion of milestones.
• After the Job is completed, leave objective, balanced ratings and feedback.

JOB FUNDING AND AWARD CONDITIONS
  A Buyer who posts a project should be aware of the following Job funding and award conditions (“Conditions”) which provide for the retention, administration, and controlled release of the funds put into myTino for each Job. All references to Job funding in these Conditions will include the initial Funding Approval (as defined below) and any additional Funding Approval for the Job.

Job Funding
  As part of the submission of a Job for posting, a Buyer grants an irrevocable authorization (“Funding Approval”) for myTino to use the Payment Service to charge the Buyer’s Transaction Account or, where directed, Buyer’s credit card for the budgeted amount of the Job, as well as any applicable fees payable to myTino. The amount charged under the Funding Approval will be deemed as committed for the Job (“Committed Funds”) and cannot be used by the Buyer for any other purpose. Such payments, once authorized, ARE FINAL, and amounts in the Committed Funds will be released only pursuant to these Conditions.

Transaction Account and Committed Funds Not Insured Deposits
  YOU ACKNOWLEDGE THAT MYTINO IS NOT A BANK, AND AMOUNTS COMPRISING COMMITTED FUNDS ARE NOT INSURED DEPOSITS. You agree that you will not receive interest or other earnings on any of your Transaction Account funds, including Committed Funds. myTino may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking services or other compensation in respect of any balances in your Transaction Account or Committed Funds. 

Release and Delivery of Committed Funds
  myTino is authorized to and will release applicable portions of the Committed Funds (each portion a “Release”) to Bidder or Buyer only pursuant to one or more Release Conditions provided below. Bidder and Buyer authorize myTino to use the Payment Service to deliver the amount of any Release, and to withhold from Bidder those amounts myTino is entitled to withhold pursuant to the Payment Service.

Release Conditions
  As used in these Conditions, “Release Conditions” means any of the following:
1. Buyer’s Approval of a Release
2. Buyer’s or Bidder’s failure to timely upload to the Site a Explanatory Document pursuant to the Dispute Resolution Process below
3. Buyer and Bidder delivering joint written instructions to myTino concerning a Release
4. The final binding determination of an arbitrator from which appeal is not taken
5. The final binding order of a court from which appeal is not taken
6. The occurrence of a Charity Release Determination pursuant to the Dispute Resolution Process below

Dispute Resolution
  For any dispute arising between Buyer and Bidder (excluding disputes involving claims for injunctive or other equitable relief) Buyer and Bidder will pursue resolution of the dispute in accordance with the following steps (“Dispute Resolution Process”).
  Background Memorandum: If Bidder has requested a Release and Buyer has not approved such Release within five business days after Bidder makes such request, then Bidder or Buyer (“Initiating Party”) shall complete a Background Memorandum as made available by myTino here. This Background Memorandum should be posted to the other User (“Responding Party”) as well as myTino at service@mytino.com.
  Explanatory Document: Once the Background Memorandum is sent out, the Responding Party will have three business days to make a formal response to the Initiating Party, in the section provided within the same Background Memorandum (“Explanatory Document”). Such Explanatory Document is a good faith written representation by the Responding Party either that: (1) Buyer has not received all deliverables required for a Release pursuant to the project terms, or (2) Bidder has delivered all deliverables required for a Release. This Explanatory Document should be posted to the Initiating Party as well as myTino at service@mytino.com.
  Failure to Upload Explanatory Document. In the event the Responding Party does not upload an Explanatory Document to the Site within three business days following the Initiating Party’s original posting of the Background Memorandum, the Initiating Party will notify myTino of such failure at dispute.resolution@mytino.com. myTino will then notify the Responding Party and require an Explanatory Document. For the avoidance of doubt, myTino will not be liable for any delay on its part in notifying the Responding Party. If the Responding Party does not respond to myTino within 5 business days of myTino's demand, the Responding Party will be deemed to authorize myTino to act in accordance with the directions of the Initiating Party, including but not limited to a Release.
  Timely Posting of Explanatory Document. In the event the Responding Party timely posts an an Explanatory Document, both the Initiating Party and Responding Party will endeavour to enter into discussions with the goal of resolving in good faith any dispute and delivering joint written instructions to myTino concerning a Release.
  myTino Mediation. In the event Buyer and Bidder fail to resolve any dispute through the foregoing process within 15 business days following the original posting of the Background Memorandum, either Bidder or Buyer will have the right to refer the dispute to myTino for mediation. myTino will review the Job terms and all documents uploaded to the Site within 10 business days. myTino will contact both parties to arrange a mediation conference call. The goal of the conference call is to resolve the dispute and deliver joint written instructions to myTino concerning a Release. myTino will not make a determination or assess blame. myTino will only act to facilitate discussion between the two parties to foster a resolution of the dispute.
  Arbitration. In the event Buyer and Bidder still fail to resolve the dispute within 5 business days after the myTino Mediation conference call provided above, both parties agree not to bring an action in court for a period of 20 days, during which time either one or the other may request of the other party to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. Parties electing arbitration will be solely responsible for the costs associated with the arbitration and must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider. The ADR provider will not be an employee or affiliate of myTino. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
  Judicial Resolution. Failing both the mediation process and the arbitration option set forth above, or in the event the total amount of the award sought exceeds USD $10,000, both the Initiating Party and the Responding Party shall, at each parties’ own expense, have the right to pursue judicial resolution of the dispute.
  Charity Release Determination. In the event that within 60 days after the myTino mediation conference call provided above, Buyer and Bidder have failed to serve legal process initiating arbitration or judicial action as provided above, myTino will have the right in its sole discretion to Release any or all Committed Funds to a charitable organization.

How to Avoid Disputes
  Disputes often arise due to miscommunication and can often be resolved amicably between the parties.
  As a Buyer, myTino recommends the following steps to avoid disputes:
• Post Jobs with clear scope, well-defined deliverables and required time frames.
• Answer clarifying questions from Bidders and if necessary, contact myTino to update the Job description.
• Evaluate multiple proposals against criteria important to you, such as a Bidder’s work experience, education, portfolio, certifications, references, feedback from prior Buyers, location, communication style and cost.
• Exchange and agree on a written agreement using myTino’s Message Centre.
• Accept a proposal only when it has a clear statement of work, well-defined deliverables and milestones, precise time frames and payment terms.
• Ask for full contact information, for example email, telephone, and address information, of the other party once a bid proposal has been selected.
• Ask for the Bidder’s office hours and standard response times.
• Maintain open lines of communication. Be clear about your expectations and check in frequently with the other party. Do not leave anything to assumptions.
• Use myTino’s Message Centre to maintain an electronic record of all written communication between you and the Bidder around scope, deliverables, milestones, time frames, price, feedback, revisions, schedule changes, vacations, availability, delays, acceptance of deliverables and completion of milestones. In the event of a dispute, all written communication on myTino, including project post, proposals and bids and business terms may serve as the statement of record.
• Document any changes to scope, timing and payment in writing, as well as all milestones and payment schedules.
• Send/receive payment in installments as key milestones are met. Have both parties sign off on the milestones.

Improperly Filed Claims
  Should Bidder or Buyer file a claim contrary to this section, the other party will be entitled to recover attorneys’ fees and costs up to USD $2,000, provided that the other party has notified the claimant in accordance with the Terms of Service of the improperly filed claim, and the claimant has failed to promptly withdraw the claim.

Holding of Committed Funds
  During the Dispute Resolution Process, myTino will continue to hold the Committed Funds without Release pending a Release Condition.

Release of Committed Funds
  Release of the Committed Account funds can be in parts. The Committed Funds regarding the particular Job will terminate upon final Release of all funds relating to such Job.

PAYMENTS UNDER RELEASE CONDITIONS ARE FINAL
  Payment of any Committed Funds under a Release Condition constitutes the agreement of both Buyer and Bidder to release such amounts. Such releases, once authorized under any Release Condition, ARE FINAL.

MYTINO AS AGENT
  myTino undertakes to perform only such duties as are expressly set forth in these Conditions and no other or further duties will be implied. myTino will have no liability under and no duty to inquire as to the provisions of any agreement other than the project terms and these Conditions. myTino will be under no duty to inquire into or investigate any agreement or communication between Buyer and Bidder. myTino may rely upon and will not be liable for acting or refraining from acting upon any written notice, instruction or request furnished to it hereunder and believed by it to be genuine and to have been signed or presented by the proper party or parties. myTino will be under no duty to inquire into or investigate the validity, accuracy or content of any such document. myTino will have no duty to solicit any payments or Releases which may be due to or from any Committed Funds. myTino may execute any of its powers and perform any of its duties under these Conditions directly or through agents or attorneys (and will be liable only for the careful selection of any such agent or attorney) and may consult with counsel, accountants and other skilled persons to be selected and retained by it. myTino will not be liable for anything done, suffered or omitted in good faith by it in accordance with the advice or opinion of any such counsel, accountants or other skilled persons. In the event that myTino is uncertain as to its duties or rights hereunder or receives instructions, claims or demands from any party hereto which, in its opinion, conflict with any of the provisions of these Conditions, it will be entitled to refrain from taking any action and its sole obligation will be to keep safely the Committed Funds until the occurrence of a Release Condition.

SUCCESSION
  myTino may resign and be discharged from its duties or obligations under these Conditions by giving 20 days advance notice in writing of such resignation to Buyer and Bidder specifying a date when such resignation will take effect. Any corporation or association into which myTino may be merged or converted or with which it may be consolidated, or any corporation or association to which all or substantially all the online marketplace or Payment Service business of myTino may be transferred, will succeed to all the rights and obligations of myTino as agent under these Conditions without further act.

Survival of Terms Following Termination

Upon termination of the Committed Funds, the remaining provisions of the Terms of Service will survive, including, without limitation, obligations to pay myTino any amounts, provisions concerning dispute resolution, limitation of liability, and indemnification obligations.

Miscellaneous Terms and Conditions

Orders from Arbitrators or Courts
  If Bidder or Buyer intends to obtain an order from any arbitrator or any court, which order might direct myTino to take, or refrain from taking any action with respect to the Committed Account, that party will: (1) give myTino at least five business days prior notice of the hearing; (2) include in any such order a provision that, as a precondition to myTino’s obligation, myTino be paid in full for any amounts to which myTino would otherwise be entitled; and (3) be paid for the reasonable value of the services to be rendered pursuant to such order.

No Third Party Rights
  These Conditions are intended solely for the benefit of Buyer, Bidder, myTino, and their respective permitted successors and assigns, and no other person or entity will have or acquire any right by virtue of these Conditions unless otherwise agreed to by Buyer, Bidder, and myTino.

Successors and Assigns
  These Conditions will be binding upon and inure to the benefit of the successors and assigns of Buyer, Bidder, and myTino. However, myTino will have no obligation in performing these Conditions, to recognize any successor or assign of Buyer or Bidder unless myTino receives clear, authoritative, and conclusive written evidence of the change of such parties.

COMMUNICATION
  myTino encourages open, complete and professional communication between Buyers and Bidders. You are encouraged to use the myTino Message Centre to maintain an electronic record of all written communication including clarifications and agreements around scope, deliverables, milestones, timeframes, price, feedback on deliverables, requests for revisions, acceptance of deliverables and completion of milestones. Also, you are advised to transcribe relevant emails, instant messages, telephone or in-person conversations between the Buyer and the Bidder using the Message Centre posting system to maintain a record of what is agreed. In the event of a dispute, all written communication on myTino, including Job posting, proposals and bids and business terms will serve as the record for resolution of the dispute. A communication that is not referenced in the myTino system may not be admissible as evidence in non-judicial dispute resolution after a dispute is reported.

RATING AND FEEDBACK SYSTEM
  You acknowledge and agree that the Site will contain public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that myTino may calculate a composite feedback number based on these individual ratings. Bidders agree to be rated by Buyers along several criteria, as determined by myTino. myTino provides its feedback and rating system as a means through which Users can express their opinions publicly, and myTino does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to myTino’s attention. You may be held legally responsible for damages suffered by other myTino Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. myTino is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
• Leaving fake feedback for yourself or another User or Member such as using a secondary Nickname or other myTino members to artificially raise the level of your own feedback or create negative feedback for another User or Member.
• Feedback threats such as demanding another User or Member to perform a task by threatening to leave negative feedback or withholding deliverables or funds until another User or Member agrees to leave positive feedback or no feedback.
• Feedback solicitation such as offering to sell or buy Services in exchange for good feedback, trading feedback undeservedly or buying feedback.

  In order to protect the integrity of the feedback system and protect Users from abuse, myTino will consider removing feedback under the following scenarios:
• Feedback or information posted seeks to elicit or solicit any User's contact information, such as other Users' email addresses, for any non-myTino related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters."
• Feedback or information posted contains language that is profane, vulgar, racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will not be removed.
• Feedback or information posted is shown to have been left by any User who is in violation of myTino’s eligibility requirements, or by or for a User who has conducted any fraudulent transaction.
• Feedback or information posted is not directly related to transactions conducted through myTino.
• Feedback or information posted makes any reference to actions taken or purported to be taken by myTino or any law enforcement organization.
• When myTino is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal.
• The User who left feedback provided myTino with false contact information during the transaction period (as verified by myTino) and cannot be contacted by myTino.
• The User who left feedback is participating in an myTino transaction with the intent of leaving feedback as part of a campaign to harass myTino member(s) (as verified by myTino).
• Negative feedback that was intended for another User only when the User responsible for the mistaken feedback contacts myTino and places the same feedback for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact Customer Service to file a feedback review request.

PROVIDING SERVICES
  If you wish to provide professional Services through myTino, you must be a Member. You agree to provide true, accurate, complete information and to update such information to maintain its truthfulness, accuracy and completeness. myTino considers true and accurate location only the primary place from which your Services are rendered. Misleading information about your location, including, but not limited to, using a satellite location in another country, is not allowed on myTino. At the beginning of your membership application, and from time to time thereafter, your Account may be subject to verification as well as editorial and feedback reviews. myTino can suspend or terminate your Account upon the discovery that any information you provided or posted is not complete or accurate, or as a result of other violations of the Terms of Service and Site Policies.

Bid Proposal Guidelines
  You agree to utilize the following bid proposal guidelines:
• Bid only on projects that you are a good fit for and you can complete within the Buyer’s schedule.
• Help the Buyer clarify his or her needs and fully develop the project scope and deliverables.
• Write a specific, detailed proposal with clear scope, deliverables and milestones.
• Set expectations that you can meet or exceed.
• Specify payment terms that tie to the completion of milestones.

  When submitting your bid proposal you agree to:
• Submit an accurate bid proposal reflecting your understanding of the scope of the project and the amount of time/effort you plan to commit in order to provide high Buyer satisfaction.
• If you do win a Bid, inform the Buyer as soon as possible of any changes to price, delivery date or approach, prior to the date on which the Buyer expects the deliverables to be provided.
• Not submit test bids. If you do not have sufficient information about the project, post a message to the Buyer and request for more information. Do not submit a bid if you are not prepared to follow through on the bid.
• Not submit proposals or bids that are made with the intent to commit fraud. Doing so will result in immediate termination of your membership and you may incur legal liability.
• Not submit boilerplate, placeholder or generic bids.
• Not offer your Services in exchange for good feedback or for free.
• Respond promptly, within one business day, to private messages from the Buyer.
• Respond promptly, within one business day, to any inquiry from Customer Service.

  Violation of these guidelines may result in suspension of your Account. If you are aware of a potential violation, please contact Customer Service.


Job Fulfillment Guidelines
  You agree to utilize the following project fulfillment guidelines:
• Once you have been awarded a bid, use myTino Message Centre to manage the Job and maintain an electronic record of all written communication between you and the Buyer around scope, deliverables, milestones, time frames, price, feedback, revisions, schedule changes, vacation, availability, delays, acceptance of deliverables and completion of milestones. In the event of a dispute, all written communication on myTino, including the Job posting, proposals and bids and business terms will serve as the statement of record.
• Inform the Buyer of your office hours and committed response time.
• Inform the Buyer if a committed deliverable will be missed, offering an explanation and proposing a revised date.
• Inform the Buyer if you will be unavailable for more than one business day.
• If you are unable to complete the Job, alert Customer Service so that myTino is aware of the situation and can offer assistance to the Buyer.
• Respond promptly, within one business day, to all Job-related communication, whether from the Buyer or from myTino.
• Ask that Buyers leave feedback on the myTino rating system after the work is completed and report any rating system violation by contacting Customer Service.
• After the project is completed, leave objective, balanced ratings and feedback.

  Violation of these guidelines may result in suspension of your Account. If you are aware of a potential violation, please contact Customer Service.


FEES
Membership Fees
  myTino offers two membership programs: Ordinary and Premium. Ordinary Membership is free. For Buyers, Ordinary Membership allows posting of Jobs at a cost of USD $10.00 per project, payable to myTino. This cost is waived for Premium Members posting Jobs. For Bidders, Ordinary Members may bid for and win bids, but such Bidder will have to pay myTino a transaction fee amounting to 20% of the Job budget upon completion of the bid. Bidders who are Premium Members will not be required to pay this transaction fee.
  myTino offers three payment options for Premium Memberships: annual, quarterly or monthly payment.
  Membership fees can be paid by credit card or through your myTino Account. The membership billing period begins on the date that myTino receives your first payment. Monthly, quarterly and annual periods are calculated from the beginning of that billing period. The period for calculating monthly bids included in your membership program starts on the same day as the membership, Greenwich Mean Time +8 hours, and renews every 30 days.
  Currently, myTino does not restrict the number of bids which may be submitted by Bidders, regardless of their category of Membership, but myTino reserves the right to change this policy, including but not limited to imposing a monthly number of bids included in the membership programs, charge a price for additional bids or institute new fees at any time, upon reasonable notice posted in advance on this Site.
  No refunds of fees already paid will be given. If you provide false or misleading information, myTino will have the right to cancel your membership and will not refund the membership fee already paid.

Automatic Membership Renewal
  myTino automatically renews your monthly, quarterly or annual membership and charges your credit card or your myTino Transaction Account. However, 10 days prior to the automatic renewal date myTino sends an email notification to remind you that your membership is scheduled for automatic renewal and to provide cancellation instructions in case you want to cancel the membership. myTino will, in the first instance, charge the monthly, quarterly or annual fee to your myTino Transaction Account. If the balance in your myTino Transaction Account is insufficient, we shall charge the credit card you supplied and you authorize us to charge such credit card for the appropriate membership fees and amounts stated. Automatic renewal occurs on the first day after the expiration date.

Changes to Membership Program
  Membership fees, whether paid monthly, quarterly, or annually, are charged up-front and no refunds or credits can be given upon cancellation. The cancellation of a membership will go into effect at the end of the billing period. If you downgrade your membership or a shorter payment plan, you will not receive a refund or credit for the fees already paid. The downgrade will go into effect at the beginning of the next billing period. myTino reserves the right to modify its membership programs at any time, upon a reasonable notice posted in advance on this Site.

Membership Cancellation Instructions
  To cancel or downgrade your membership, please contact Customer Service. Your request will be effective if received by 11:15 p.m. Greenwich Mean Time +8 hours on the final day of your current membership term. myTino will send you an email confirmation once your membership has been cancelled or downgraded, as the case may be. You will subsequently not be liable for any additional membership fees. Cancellation or downgrading takes effect at the end of the active billing period. In any notice of cancellation or downgrade, you must include:
1. Your full name, myTino Nickname, phone number and address
2. Term (i.e. monthly, quarterly or annual) of the membership you would like to cancel.
  Please note that we will not be able to process cancellation requests unless all of the above information is provided.

Audit Provisions and Record Keeping
  For a period of one year after accepting each project or package order, you agree to keep and maintain complete and accurate records related to the Services provided on myTino, including the service description, the bid and payment terms, and information on all repeat or follow-on Services performed for each Buyer originated on myTino. In the event of questions regarding Services rendered, work performed or fees due to myTino, upon 30 days written notice and request from myTino, you agree to provide copies of these records and other relevant documentation.


ENFORCEMENT OF SITE POLICIES
  We may suspend or cancel your Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service and Site Policies, or violated our rights or those of another party. Without limiting myTino's other remedies, we will suspend or terminate your Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service, the Site Policies and the other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for myTino. Once suspended or terminated, you may not continue to use the myTino service under a different Account or re-register under a new Account. In addition, violations of the Terms of Service and the Site Policies may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a User or Member engages in actions or activities which circumvent the Site or otherwise reduces fees owed to myTino under the Terms of Service, that User or Member will be liable to myTino for any fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of myTino membership.
  myTino reserves the right to terminate any User or project for any reason, at its sole discretion and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your membership is canceled, you may no longer have access to data, messages, files and other material you keep on the Site.


REFERRAL PROGRAM
Referral Program Terms
  myTino will provide each Member (“Referral Participant”) with a referral identifier ("RID") upon acceptance of registration with myTino. myTino will pay the Referral Participant the specified referral fee upon completion of any Eligible Registration or Eligible Transaction, as such terms are defined below.
  "Eligible Registration" occurs when a Nickname identified with a Referral Participant’s RID successfully completes myTino’s registration process and upgrades to Premium Membership. Registrations that: (1) are not in good faith or (2) involve a registrant that has previously registered with myTino at any time are NOT Eligible Registrations.
  "Eligible Transaction" means a bona fide transaction where a Nickname identified with a Referral Participant’s RID successfully completes a winning bid on myTino, provided that such Member is not a Premium Member. Any transaction which is not a bona fide arms length transactionfor the purchase of Services, in the sole discretion of myTino, is NOT an Eligible Transaction.
  Users will be identified and linked to a Referral Participant’s RID if they have clicked to the Site via a link tagged with that Referral Participant’s RID. The Referral Participant is solely responsible for ensuring that links to myTino are correctly tagged with the RID myTino has provided to that Referral Participant.

Referral Fees and Payment
  Upon the occurrence of a Eligible Registration, myTino will credit the Referral Participant with up to 10% of the relevant new Member’s first year membership fee, 5% of the second year’s membership fee and 2.5% of the third and fourth year’s membership fees, respectively.
  Upon the occurrence of an Eligible Transaction, myTino will credit the Referral Participant with 10% of the relevant new Member’s transaction fee payable to myTino for Jobs successfully completed. Subsequently, myTino will credit the Referral Participant with 5% in the second year of membership and 2.5% of the third and fourth year of membership, respectively. For the avoidance of doubt, all foregoing percentages in this paragraph refer to the percentage of the transaction fees which are paid to myTino and not the percentage of the total Job budget. So if the transaction fees amount to 20% of the Job budget, the Referral Participant would receive 2% (10% of 20%) of the Job budget in the first year of membership as referral fees.
  Except as otherwise provided, myTino shall pay the referral fees that are owed, less any taxes or other amounts that myTino is required by law to withhold, within 30 days of each Eligible Registration and immediately upon payment of each Eligible Transaction. Payments shall be made directly into your myTino Account. All amounts specified in this Agreement shall be paid in US dollars. myTino reserves the right to investigate any suspicious, unprofessional or inappropriate registration or transactional activity. myTino also reserves the right to delay payment of any Referral Fees, at its sole discretion, while it conducts an investigation of such activity. If myTino, in its sole discretion, concludes that a particular registration or transaction was deceptive and/or did not qualify as an Eligible Registration or Eligible Transaction, respectively, you agree that myTino will not be obligated to pay any referral fees for such registration or transaction.
  If a service or registration upon which you have already been paid a referral fee is later charged back, cancelled within 30 days, breached, repudiated or rejected by a Buyer or Bidder after payment and myTino is forced to remit fees, an amount equal to the referral fee for such service or registration shall be deducted from your Transaction Account.

CONTACTING CUSTOMER SERVICE
  If you wish to report a violation of Site Policies, have any questions or need assistance, please contact myTino Customer Service as follows:
  Email: service@mytino.com
  Phone: (Mon-Fri, 7 a.m. – 5 p.m. Greenwich Mean Time +8 Hours): +86 571 2806 9957
  Online Help: http://www.mytino.com/help/index.php