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User Agreement

Updated: October 15, 2014, effective October 15, 2014

This Cayman Freelancers User Agreement (the "Agreement") is a contract between you (the "User") and Cayman Freelancers Ltd, a Cayman Islands corporation with its principal place of business at 267 Frank Sound Rd, North Side, Grand Cayman, Cayman Islands, P.O. Box 924 BT, KY1-1603 ("Cayman Freelancers", "we" or "us"). You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.Caymanfreelancer.com (the "Site") and related software and services. Cayman Freelancers may amend this Agreement at any time by posting a revised version on the Site. Each revised version will state its effective date, which will be on or after the date posted by Cayman Freelancers. If the revised version materially reduces your rights or increases your responsibilities, we may post it in advance of the effective date in order to give you notice. Your continued use of the Cayman Freelancers Platform after the effective date of a revised version of this Agreement constitutes your acceptance of its terms. This Agreement includes and hereby incorporates by reference the agreements and polices referred to herein or linked from the URL [www.Caymanfreelancers.com/], as such agreements and policies may be modified by Cayman Freelancers from time to time in its sole discretion. In the event of a conflict between such policies and agreements and this Agreement, this Agreement controls.

YOU UNDERSTAND THAT BY CHECKING THE BOX AND CLICKING THE "SUBMIT" BUTTON, OR BY USING THE CAYMAN FREELANCERS PLATFORM, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE CAYMAN FREELANCERS PLATFORM. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IN THAT EVENT, "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT ENTITY.

 

1. THE CAYMAN FREELANCERS PLATFORM.

 

1.1 Purpose of the Cayman Freelancers Platform.

The Cayman Freelancers Platform allows Clients and Freelancers to identify each other and enable them to buy and sell Services online. Under this Agreement, Cayman Freelancers provides services to both Clients and Freelancers, including curating Clients and Freelancers, facilitating the formation of contracts between Clients and Freelancers, and assisting in disputes related to those contracts. Clients post jobs and invite Freelancers to apply. Freelancers post profiles and bid on jobs. If a Client and Freelancer agree on terms, a Service Contract is formed directly between such Client and Freelancer subject to the provisions set forth in Section 3 (Release). Payments for job / contracts will be made by the Client directly to the Freelancer. Cayman Freelancers is not involved in the payment transaction between Client and Freelancer. Cayman Freelancers is not responsible for setting payment terms, collecting or ensuring payments. The parties need to reach an agreement on the pricing and the payment terms prior to the finalization of any job / contract.

 

1.2 Eligibility.

Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are only available to minors under the supervision of the minor's parent/legal guardian. By using this site you warrant that you are at least eighteen (18) years of age. Your account and User ID may not be transferred or sold to another party. You agree that, with respect to other users' personally identifiable information that you obtain through the Site or Cayman freelancers-facilitated transaction, CAYMAN FREELANCERS hereby grants to you a license to use such information only for CAYMAN FREELANCERS related communications that are not unsolicited commercial messages and for completing the transaction in question. You warrant that the information you provide to us is complete, valid and honest. If you provide any information that is untrue, not current or incomplete, or CAYMAN FREELANCERS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CAYMAN FREELANCERS has the right to refuse any and all current or future use of the CAYMAN FREELANCERS (or any portion thereof) by you. You may only upload content that belongs solely to you. You agree that you will not upload any content that is in violation of any rights based on copyright or trademark.

 

2. CAYMAN FREELANCERS GENERAL USER POLICIES

2.1 General User Obligations.

You will not access (or attempt to access) the Site by any means other than the interface provided, and you will not use information from the Site for any purpose other than the purpose for which it was made available. You will not engage in any activity that interferes with or disrupts the functioning of the Site. You will not upload or attach an invalid or malicious or unknown file. You will not insert any external links that may be malicious or unknown to you, or used for offering any goods or services other than Services. You agree not to "scrape" or disaggregate data from the Site (whether by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose, or to copy, re-post or re-use data from the Site for any other service.

2.2 Identity and Account Security.

Cayman Freelancers reserves the right to validate User information at any time, including but not limited to validation against third party databases or the verification of one or more official government or legal documents that confirm the User's identity. You authorize Cayman Freelancers, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address, subject to applicable law. Failure to provide information about you and your business when requested is a violation of this Agreement. The User is solely responsible for ensuring and maintaining the secrecy and security of the User's Cayman Freelancers account password. User agrees not to disclose this password to anyone (or, in the case of an Agency not to disclose this password to anyone who is not a subcontractor of such Agency), and shall be solely responsible under all circumstances for any use of or action taken through the use of such password on the Cayman Freelancers Platform. You must notify Cayman Freelancers Support immediately if you suspect that your password has been lost or stolen. By using your Cayman Freelancers User account, you acknowledge and agree the Cayman Freelancer’s account security procedures are commercially reasonable.

2.3 Member Conduct

You agree to abide by all applicable local, national and international laws and regulations regarding your use of our service. You agree to not place ads regarding adult services, products, or containing adult content in any shape or form. You further agree to not place ads which contain slanderous or derogatory comments or content. Classified ads that violate these terms of service and/or our spam policy will be deleted and your account will be closed without warning and without refund.

 

3. Release

CAYMAN FREELANCERS is not involved in the actual transaction between the parties. As a result, CAYMAN FREELANCERS has no control over the quality, safety or legality of the goods, services or transaction. CAYMAN FREELANCERS has no control over payments made by the Client to the Freelancer. We cannot ensure that a transaction will actually be completed. CAYMAN FREELANCERS cannot and does not confirm each user's purported identity. Any agreements are solely between the Freelancer and the Client. In the event that you have a dispute with one or more users, you release CAYMAN FREELANCERS (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are unsure about your purchase or sale, you are advised to seek the advice of competent legal counsel before you sign a contract or otherwise finalize the transaction.

 

 

4. ACKNOWLEDGMENTS BY USER OF CAYMAN FREELANCERS'S ROLE.

4.1 Service Contracts.

User expressly acknowledges, agrees and understands that: (i) the Cayman Freelancers Platform is merely a venue where Users may act as Clients or Freelancers; (ii) Cayman Freelancers is not a party to any Service Contracts between Clients and Freelancers; (iii) User recognizes, acknowledges and agrees that User is not an employee of Cayman Freelancers and that Cayman Freelancers does not, in any way, supervise, direct, or control User's work or Services; (iv) Cayman Freelancers shall not have any liability or obligations under or related to Service Contracts or any acts or omissions by Users; (v) Cayman Freelancers has no control over Freelancers or over the Services promised or rendered by Freelancers; and, (vi) Cayman Freelancers makes no representations as to the reliability, capability, or qualifications of any Freelancer or the quality, security or legality of any Services, and Cayman Freelancers disclaims any and all liability relating thereto.

4.2 Proprietary Rights.

Cayman Freelancers (and our officers, directors, agents, subsidiaries and employees) reserve all Proprietary Rights in and to the Cayman Freelancers Platform. User may not use the Cayman Freelancers Platform except as necessary for the purposes of discharging its obligations under this Agreement and any Service Contract entered into pursuant to this Agreement. Cayman Freelancers reserves the right to withdraw, expand and otherwise change the Cayman Freelancers Platform at any time in Cayman Freelancer’s sole discretion. User shall not be entitled to create any "links" to the Cayman Freelancers Platform, or "frame" or "mirror" any content contained on, or accessible through, the Cayman Freelancers Platform, on any other server or internet-based device.

4.4 Cayman Freelancers as a Limited Agent

From time to time, a User may ask Cayman Freelancers to provide a physical or manually signed copy of this Agreement, a Service Contract, or an ancillary document (for example, to enable a User to justify payments from Client). User hereby appoints Cayman Freelancers as its agent for the limited purpose of executing documents that confirm User's activities on the Cayman Freelancers Platform.

 

 

5. INVOICES AND PAYMENT METHODS.

5.2 Payment Methods.

Payments for job / contracts will be made by the Client directly to the Freelancer. Cayman Freelancers is not involved in the payment transaction between Client and Freelancer. Cayman Freelancers is not responsible for setting payment terms, collecting or ensuring payments. The parties need to reach an agreement on the pricing and the payment terms prior to the finalization of any job / contract.

 

 

6. CONFIDENTIAL INFORMATION.

6.1 Confidentiality.

To the extent a Client or Freelancer provides Confidential Information to the other, the recipient shall protect the secrecy of the Confidential Information with the same degree of care as it uses to protect its own confidential information, but in no event with less than due care, and shall not: (i) disclose Confidential Information to anyone except, in the case of Cayman Freelancers, to any Client or Freelancer engaged in a Contract; and (ii) use the Confidential Information, except as necessary for the performance of Services for the relevant Service Contract (including, without limitation, the storage or transmission of Confidential Information on or through Cayman Freelancers Platform for use by Freelancer).

6.2 Return.

If and when Confidential Information is no longer needed for the performance of Services for the relevant Contract, or at the Client's or Freelancer's written request (which may be made at any time at Client's or Freelancer's sole discretion), Client or Freelancer (as the case may be) shall promptly destroy or return all Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. Each of Client or Freelancer, as applicable, agrees to provide written certification to the party disclosing the Confidential Information of compliance with this Section 6.2 within ten (10) days after the receipt of disclosing party's written request to certify.

6.3 Publication.

Without limiting Section 6.1 (Confidentiality), Client, Freelancer and Cayman Freelancers shall not publish, or cause to be published, any Confidential Information or Work Product, except as may be necessary for performance of Services for a Contract.

 

7. WARRANTY DISCLAIMER.

THE CAYMAN FREELANCERS SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CAYMAN FREELANCERS EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE CAYMAN FREELANCERS SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CAYMAN FREELANCERS, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL CAYMAN FREELANCERS, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE CAYMAN FREELANCERS SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE CAYMAN FREELANCERS SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT CAYMAN FREELANCERS IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM AND ITS AFFILIATES.

OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO ONE HUNDRED US DOLLARS (US $100).

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

 

8. LIMITATION OF LIABILITY.

IN NO EVENT WILL CAYMAN FREELANCERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THE LIABILITY OF CAYMAN FREELANCERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) U.S. $100; AND (B) ANY CAYMAN FREELANCERS FEES RETAINED BY CAYMAN FREELANCERS WITH RESPECT TO CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT OR FREELANCER DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

 

9. INDEMNIFICATION.

9.1 Proprietary Rights.

Each User shall indemnify, defend and hold harmless Cayman Freelancers and its subsidiaries, affiliates, officers, agents, employees, representatives and agents (each an "Indemnified Party" for purposes of this Section 9) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, judgment, or adjudication that any Work Product, Services or action or omission by such User infringes Proprietary Rights or other rights of any third party.

9.2 Indemnification by Client.

Each Client shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to (i) such Client's use of Services, including without limitation claims by or on behalf of any Freelancer for Worker's Compensation or unemployment benefits, or (ii) any Service Contract entered into between such Client and a Freelancer.

9.3 Indemnification by Freelancer.

Each Freelancer shall indemnify, defend and hold harmless the Indemnified Parties from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to (i) such Freelancer's provision of Services, or (ii) any Service Contract entered into between such Freelancer and a Client.

 

10. TERM AND TERMINATION.

10.1 Term.

The term of this Agreement commences on the Effective Date and continues in effect until terminated in accordance with Section 10.2 below.

10.2 Termination.

Either party may terminate this Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or by terminating or suspending User's account), provided, that any such termination for convenience shall not affect the validity of any Service Contracts that have been executed prior to termination and this Agreement shall continue to apply with respect to such Service Contracts.

10.3 Survival.

Sections 4 through 12 of this Agreement shall survive any termination thereof.

 

 

11. GENERAL.

11.1 Entire Agreement.

This Agreement sets forth the entire agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them.

11.3 Compliance.

User shall not violate any laws or third party rights on or related to the Cayman Freelancers Platform. Without limiting the generality of the foregoing, User agrees to comply with all applicable import and export control laws and third parties' Proprietary Rights.

11.4 Notices: Consent to Electronic Notice.

You consent to the use of (a) electronic means to complete this Agreement and to deliver any notices pursuant to this Agreement; and (b) electronic records to store information related to this Agreement or your use of the Cayman Freelancers Platform. Notices hereunder shall be invalid unless made in writing and given (a) by Cayman Freelancers via email (in each case to the email address that you provide), (b) a posting on the Cayman Freelancers Site or (c) by you via email to support@Caymanfreelancers.com or to such other addresses as Cayman Freelancers may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

11.5 Modifications.

No modification or amendment to this Agreement shall be binding upon Cayman Freelancers unless in a written instrument signed by a duly authorized representative of Cayman Freelancers. For the purposes of this Section 11.5, a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles.

11.6 No Waiver.

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party's right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party.

11.7 Assignability.

User may not assign this Agreement, or any of its rights or obligations hereunder, without Cayman Freelancer’s prior written consent in the form of a written instrument signed by a duly authorized representative of Cayman Freelancers (and, for the purposes of this Section 11.7, a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles). Cayman Freelancers may freely assign this Agreement without consent of User. Any attempted assignment or transfer in violation of this Section will be null and void. Subject to the foregoing restrictions, this Agreement will inure to the benefit of the successors and permitted assigns of the parties.

11.8 Severability.

If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

11.9 Choice of Law.

This Agreement and any controversy, dispute or claim arising out of or relating to this Agreement, including by not limited to a Service Contract, ("Claims") shall be governed by and construed in accordance with the laws of the Cayman islands, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

11.11 Prevailing Language.

The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.

 

 

12. DEFINITIONS.

12.1

"Agency" means a legally recognized entity with the ability to hire and/or contract.

12.2

"Client" means any User utilizing the Cayman Freelancers Platform to request Services to be performed by a Freelancer. From time to time, Cayman Freelancers may act as a Client, and the terms and conditions of this Agreement applicable to Clients will apply to Cayman Freelancers when acting in this way.

12.3

"Client Deliverables" means instructions, requests, intellectual property and any other information or materials that a Freelancer receives from a Client for a particular Service Contract.

12.4

"Confidential Information" means Client or Freelancer Deliverables, Work Product, and any other information provided to, or created by, a User for a Service Contract, regardless of whether in tangible, electronic, verbal, graphic, visual or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Freelancer or Client; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party's obligations of confidentiality; or (d) was independently developed by User without use of Confidential Information.

12.5

"Effective Date" means the date of acceptance of this Agreement.

12.6

"Fixed-Price" means a fixed fee agreed between a Client and a Freelancer, prior to the commencement of a Contract, for the completion of all Services requested by Client for such Contract.

12.7

"Fixed-Price Contract" means a Service Contract for which Client is charged a Fixed-Price.

12.8

"Freelancer" means any company or individual User utilizing the Cayman Freelancers Platform to offer Services to Clients and does so as a “Self Employed” individual or as part of a company, agency, or other managerial representative / management.

12.9

"Freelancer Deliverables" means instructions, requests, intellectual property and any other information or materials that a Client receives from a Freelancer for a particular Service Contract.

12.10

"Freelancer Fees" means: (a) for an Hourly-Rate Contract, an amount equal to the number of hours recorded by Freelancer in the Time Logs, multiplied by the Hourly Rate; (b) for a Fixed-Price Contract, the Fixed-Price; and (c) any bonuses paid or other payments made by a Client for a Service Contract.

12.11

"Hourly Rate" for a Service Contract means, in respect of a Freelancer, the hourly rate specified for that Freelancer in the Cayman Freelancers Platform.

12.12

"Hourly-Rate Contract" means a Service Contract for which Client is charged based on the Hourly Rate.

12.16

"Indemnified Party" means Cayman Freelancers and its subsidiaries, affiliates, officers, agents, employees, representatives and agents.

12.17

"Moral Rights" means any rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights".

12.18

"Cayman Freelancers Platform" means the online platform operated by Cayman Freelancers, including related software and services that allows Clients and Freelancers to identify each other and enable them to buy and sell Services online.

12.19

"Payment Period" shall mean the one-week period beginning on Monday at 12:00 AM UTC.

12.20

"Pre-Existing IP" means pre-existing software, technology or other intellectual property, whether such pre-existing intellectual property is owned by Freelancer or a third party including, without limitation, code written by proprietary software companies or developers in the open source community.

12.21

"Proprietary Rights" means any and all rights, title, ownership and interest in and to copyrights, mask works, industrial designs, trademarks, service marks, trade names, trade secrets, patents, and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected.

12.22

"Service Contract" means a particular project or set of ongoing tasks for which a Client has requested Services to be performed by a Freelancer and the Freelancer has agreed on the Cayman Freelancers Platform.

12.23

"Services" means web development, software development, writing, translation, administrative, marketing, design customer service, sales, data entry, general business services or any other human services.

12.24

"The Site" means our website located at www.Caymanfreelancer.com.

12.25

"Time Sheet" means the number of hours recorded for a stated period by a Freelancer in Cayman Freelancers Team in compliance with Cayman Freelancer’s then-current Policies, for the Services performed in respect of a Contract.

12.26

"Work Product" means any tangible or intangible results or deliverables that Freelancer agrees to create for, or actually delivers to, Client as a result of performing the Services on a particular Service Contract, including, but not limited to, configurations, computer programs or other information, or customized hardware, and any intellectual property developed in connection therewith.

12.27

Any Freelancer that is not associated with a company, agency, or other managerial representative / management, shall only work or conduct services as a “casual worker / employee” and do so accordingly to the Cayman Islands Employment law Section 3 and all of its sub articles or that they are Self Employed and bare all requirements under the Cayman Islands Health Insurance law (2013 revision) Section 5 (1).

12.28

Casual worker / employee means (as per Cayman Islands Employment Law 2004 Version)

  • A casual employee means a person who is employed by the same employer for a period not exceeding thirty calendar days’ continuous employment, and does not include a seasonal employee
  • Where an employee who has been employed for less than thirty calendar days is laid off and is re-called within seven calendar days, the days shall be totaled and if they exceed thirty calendar days, he shall not be considered to be a casual employee
  • Subsection (3) applies also to cases where a person is employed for more than two periods of time, that is to say, all periods of employment must be added so long as the laying off does not exceed seven calendar days between each period of employment.
  • Notwithstanding the other provisions of this section, where an employee works for a total period of ninety days or more in a year for the same employer, he shall not be considered to be a casual employee

 

13.1 Health Insurance Law (2013 Revision)

Any Freelancer that is not associated with a company, agency, or other managerial representative / management, shall only work or conduct services being recognized as “Self Employed” and bare all requirements under the Cayman Islands Health Insurance law (2013 revision) Section 5 (1) which states:

Every person resident in the Islands shall, unless he is -

a)   covered by a contract of insurance effected by an employer under subsection (2)

b)   covered by a contract of insurance effected by Government under subsection (3), or where Government does not effect such a contract, medical services are provided to him by Government in accordance with the Personnel Regulations (2013 Revision); or 2013 Revision

c)   an uninsurable person,

effect a standard health insurance contract in respect of himself and his dependents.

Should any Freelancer be in a position where they are not able to financially provide such health insurance coverage for themselves, they would be classified as being an “Indigent person” – which means a person who, in the opinion of the Minister for the time being responsible for social services acting on the advice of the Director of the Department of Children and Family Services, is unable, by reason of inadequate financial resources, to pay for health insurance or medical services.

Should the circumstances of being an Indigent Person apply to any freelancer, in accordance with Section 3, the Government may effect and continue on behalf of- (f) each Indigent Person, a contract of health insurance on such terms and conditions as are specified in regulations made by the Governor in Cabinet. It would be the responsibility of the Freelancer to ensure that this is completed.

 

14.1 National Pensions Law (2010 Revision)

Any Freelancer that is not associated with a company, agency, or other managerial representative / management, shall only work or conduct services being recognized as “Self Employed” and bare all requirements under the Cayman Islands National Pensions law (2010 revision) and National Pensions (General) Regulations (2011 revision) which states:

PART V-Contributions

Section 3 A self-employed person shall make contributions to a pension fund or an individual retirement account in accordance with section 47(2) at least every month and the amount of the contribution shall be based on his earnings over the period since he last made a contribution

 

14.1 Trade and Business Law (2007 Revision)

Please note that if you offer the services or products, whether part-time or on a more regular basis to the public, for hire or purchase, this technically constitutes a business for which a Trade & Business License is required. There are some exceptions in the Law covered in Section 3

Section 12.  of the  TRADE AND BUSINESS LICENSING LAW (2007 Revision) states: Every person carrying on a trade or business mentioned in the Schedule shall, unless exempted under Section 3, take out an annual license in respect thereof in accordance with this Law in respect of each place where such trade or business is carried on. 

Section 3 States:

This Law does not apply to-

(a) any trade or business licensed to be carried on as such under any other law without reference to this Law;

(b) artisans, craftsmen and other persons who do not carry on a business of their own but are themselves employed by other persons;

(c) the sale of agricultural products by the producers thereof;

(d) the sale of handwork or other products produced by individuals or family units in premises not normally open to the public; or

(e) any corporation or body which satisfies the Board that it has been formed for purposes of social or public welfare, religion, charity, art or science and that it applies its income and profits solely for promoting such purposes and does not permit the payment of any dividends to its members.