These Terms and Conditions (the “Terms”) are owned and managed by Upbeater AB, org. nr. 559427-1271 (below “Upbeater”), and are applicable to anyone using any of the services (the “Services”) provided by Upbeater with the purpose of connecting with-, working with-, hiring- or buying services from freelancers through Upbeater.
Specific Terms may apply to each service provided by Upbeater, detailed below.
We reserve the right, at our sole discretion and without prior notice, to modify the available products and services, and to adjust, suspend, or terminate any aspect of the Services. We are not liable to you or any third party for such changes. Your continued use of our Services implies acceptance of any modifications.
Upbeater retains the right to amend these Terms at any time. It is recommended to regularly review these Terms, as your continued use of our Services after updates indicates acceptance of the revisions.
For clarity, references to "Upbeater" include "Upbeater," "Upbeater.X," "Upbeater.com", and the Discord Server "Upbeater Freelancers."
GENERAL TERMS & CONDITIONS, ALL SERVICES
When utilizing any of our Services, you bear the responsibility for any communications and information shared by you, no matter the format, and you are accountable for the outcomes of such communications.
You’re not allowed to use Upbeater's services for the following purposes, and we explicitly prohibit:
- Posting, communicating, or transmitting any material that violates the intellectual property, publicity, or privacy rights of another person or entity.
- Posting information that is false, inaccurate, or not your own.
- Engaging in conduct that could lead to a criminal offense, civil liability, or violation of any law or regulation.
- Attempting to interfere with Upbeater's network security or using Upbeater’s service to gain unauthorized access to any other computer system.
1. USER ACCOUNTS & PERSONAL DATA
When you sign up to use any of our Service you agree to (1) furnish accurate, current, and complete information about yourself as prompted by the registration forms of the Service, and (2) consistently update the registration data to ensure its accuracy and completeness.
We retain the sole discretion to accept or reject your registration for the use of our Service. Upon acceptance, you gain the right to utilize the Service, and you bear responsibility for all activities conducted under your account.
You commit not to register using false identity or information, or on behalf of anyone other than yourself. Should you provide content that is untrue, inaccurate, not current, or incomplete, or if Upbeater reasonably suspects such inaccuracies, Upbeater reserves the right to suspend or terminate your account and deny any present or future use of the Service. Additionally, you agree not to register or use the Service if your account has been previously closed by Upbeater or if you have been expelled from our Services in the past.
When registering as a company, we may request additional information about your company and your objective for using our Services, such as the types of prospective hires you are seeking. We will assess the information provided during registration and any other publicly available data. The decision to accept or reject your registration rests solely with us. Upon acceptance, you may engage with prospective hires expressing interest in your company, job ads, etc.. It is your responsibility to comply with all applicable laws when using the Service, including data protection regulations.
You are responsible for keeping your account and password confidential, and you commit to taking responsibility for all activities carried out under your account or password. If there is any unauthorized use of your account or a security breach, you agree to promptly notify us.
2. CONTENT & INFORMATION
3. PAYMENT TERMS
3.1 BILLING POLICIES
By utilizing any of Upbeater’s paid company Services, you hereby agree to abide by the pricing and payment terms applicable to the respective Services, as may be updated by Upbeater periodically. Upbeater reserves the right, at its sole discretion and at any time, to:
- Introduce new services and products with additional fees and charges
- Modify fees and charges for existing services upon notice
Some products or services may be provided through third-party partners, and if you choose to use them, you agree to the terms, including payment terms, set by those third parties. Upbeater is not responsible for these third-party services, and your use of them is entirely at your own risk.
Changes to fees will take effect in the billing cycle following notice.
In case of a reasonable dispute about an invoice, you must pay the undisputed portion and provide written notice of your dispute, including details about the nature of the dispute, the disputed amount, and information to identify the affected service(s). If the dispute is resolved against you, you agree to pay the disputed amounts plus interest at the referenced rate.
Subscription or service payments involve third-party payment providers with their own terms and privacy policies. Upbeater uses Stripe Payments Europe, Ltd., and you can find the terms for initial payments here.
Upbeater is not responsible for third-party services, and links to them don't imply endorsement.
3.2 PAYMENT RESPONSIBILITY
You must ensure that all information provided related to a payment is accurate, complete, and up-to-date. You agree to cover all charges incurred by users of your credit card, debit card, or other payment method at the prices applicable during those charges. Any taxes related to such transactions are also your responsibility. If Upbeater is required by a tax authority to pay any taxes not previously collected from you, you agree to promptly submit those taxes, including any applicable penalties and interest, upon receiving written notice from Upbeater.
If you opt to purchase additional paid services after the initial payment, we will either invoice you for the added service(s) or charge your credit/debit card or other payment method accordingly.
Upon late payment, a late payment interest rate of 12% + reference rate from the due date until paid in full will be applied, as well as a reminder fee of €45. You will be responsible for all reasonable expenses, including legal fees and expenses, incurred by Upbeater in collecting delinquent amounts, unless the delinquency results from billing inaccuracies. If you're late in paying any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable Services without notice, and in such cases, you'll still be responsible for the full amount owed; or (ii) charge your credit/debit card on file with us under this or any other agreement. Unless your subscription plan is terminated properly and on time, charges will continue to accrue even if you don't use the subscribed services.
3.3 CREDIT & DEBIT CARDS
3.5 VOUCHERS, DISCOUNT CODES & TRIALS
4. SUSPENSION OR TERMINATION
4.1 Suspension or Termination for Cause
Upbeater can suspend or terminate your access to the Services and/or this Agreement under the following circumstances:
- if you breach this Agreement and don't fix it within the specified period;
- immediately if you fail to pay owed amounts for paid services;
- immediately if you undergo bankruptcy, insolvency, receivership, liquidation, or a similar proceeding;
- immediately for violations of this Agreement;
- for any abusive, inappropriate behavior, or conduct affecting us, our Third-Party clients, customers, employees, or other users;
- immediately for sending excessive, disruptive, deceptive, or abusive communications;
- immediately for disclosing, transferring, or selling any Data within a user’s resume/CV, portfolio, or profile to a third party without express permission; and/or
- immediately if you charge users for reviewing or proceeding with a potential hiring process after they apply through the Services.
In case of suspension or termination (other than for convenience by Upbeater), you remain responsible for the entire fees, and no prepaid fees will be refunded. Upbeater may also suspend your access without penalty for a suspected violation.
4.2 Suspension or Termination for Convenience
4.3 Your Termination Rights
5. ADDITIONAL TERMS & CONDITIONS
6. PROPERTY RIGHTS
Upbeater and its licensors retain all rights to ownership, copyright, trademarks, and all other intellectual property rights related to Upbeater and the mentioned products and services, unless specifically stated otherwise in these Terms.
As a user of our Services, you are permitted to view and print the mentioned contents for personal, non-commercial use only. Any other reproduction, adaptation, modification, transfer, assignment, use, or exploitation of the contents, in whole or in part, is not allowed without our prior written consent.
Upbeater does not claim ownership of any materials you share through our Services. For the materials you submit or make available, you grant Upbeater a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, and create derivative works. You assert that you have the proper rights to any materials provided to Upbeater, and such materials will not contain libelous or unlawful content. Upbeater may use any content you submit without obligations of confidentiality, attribution, or compensation to you.
You are responsible for all consequences and risks associated with your use of the Services.
The Services, all content, and other information accessible through our Services or a linked service are provided on an "as is" and "as available" basis without any warranty, either express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, security, or accuracy. Specifically, Upbeater does not guarantee that: (i) the information obtained through our Services is correct, accurate, or reliable; (ii) the functions within our Services will be uninterrupted or error-free; or (iii) defects will be corrected, or that our Services, platforms, websites, or the server making it available are free of viruses or other harmful components.
Upbeater provides no warranties regarding any third party platforms and services to which you may be directed or hyperlinked from our Services. Hyperlinks are included for your convenience, and Upbeater makes no representations or warranties regarding the accuracy, availability, suitability, or safety of information provided in such third party platforms or services. Upbeater does not endorse, warrant, or guarantee any products or services offered or provided by third parties.
9. LIMITATION OF LIABILITY
Under no circumstances shall Upbeater, its affiliates, or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information through our Services be liable to any user or entity for any direct, indirect, special, incidental, punitive, or exemplary damages. This includes, but is not limited to, damages for loss of profits, data, or use arising from the use or inability to use the Services. Whether based on warranty, contract, tort, or otherwise, even if Upbeater has been advised of or should have known about the possibility of such damages or losses.
In no event shall the total liability of Upbeater, its affiliates, or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information through our Services to you exceed the amount you paid to Upbeater in connection with the event giving rise to such liability.
You acknowledge that this applies to all content, merchandise, and services made available to you by Upbeater.
10. INTELLECTUAL PROPERTY RIGHTS
Upbeater expressly forbids the sharing of any content that violates or infringes upon the copyright rights and/or other intellectual property rights, including rights of privacy and publicity, of any person or entity. If you believe that any material on our Services infringes your copyright or other intellectual property rights, please notify us of your claim by sending an email to: [email protected].
For any questions, concerns related to these Terms or our Services, or to provide any notice under these Terms, please contact us at [email protected]
11. GEOGRAPHICAL AREAS
12. THIRD PARTY SERVICES
13. IT & SECURITY
While we strive to ensure that our Services are free from viruses, malware, and other errors that could impact your IT systems, you acknowledge that you access and use the Services at your own risk. Upbeater disclaims any responsibility for any loss or damage that may arise from the use of our Services. Additionally, Upbeater takes no responsibility for the availability of our Services.
Neither Upbeater nor any of its officers, employees, or subcontractors accept liability for any damage or direct, indirect, or consequential loss resulting from the availability or use of the Services. This includes any harm or defect caused to your computer as a result of accessing and using the IT systems that make Upbeater’s Services available.
14. PROHIBITION OF TRANSFER
ADDITIONAL TERMS & CONDITIONS: SPECIFIC SERVICES
Specific terms may be applicable for each of the Services provided by Upbeatre, see below.
For the time being Upbeater offers the following Services:
1. TERMS & CONDITIONS: JOB-POSTING
As a company looking for talent, you may utilize Upbeater’s job-posting Service to post freelance opportunities. When you do, Upbeater shares your job post exclusively with its freelance community and, in certain cases and if consent is given, can provide you with information supplied by prospective hires, such as references, LinkedIn profiles, resumes, portfolios, etc.
It's crucial to understand that Upbeater does not conduct background checks on its users and talent. While we reserve the right to perform such checks using available public records, the responsibility for any background checks, reference verifications, or other due diligence falls on you before extending an offer. You also commit to complying with all relevant laws and regulations related to the hiring of prospective talent.
You may arrange interviews with interested prospective hires. It's important to note that these interview requests are non-binding and do not establish a contractual obligation. You have the ability to retain information about prospective hires for a period of one year, during which you may contact them for similar positions. However, you agree to delete this information either one year after receiving the application or upon the prospective hire's request for deletion.
Upbeater never guarantees that a job post will lead to a hire. Upbeater is only responsible for sharing your job ad with our community, and it’s up to the freelancers in the community to decide whether they find your job offer appealing and want to apply. If they wish to apply, they’ll contact you directly for further dialogue and proceeding of the recruitment process, which will then be your sole responsibility.
By posting a job with Upbeater, you consent to the storage of data related to your job ad. Additionally, Upbeater may contact you occasionally with proposals for new financial products or joint marketing opportunities.
1.1 PAYMENT & TERMS
2. TERMS & CONDITIONS: COMMUNITY MEMBERSHIP
When you’re accepted and invited to join Upbeater’s Community, we grant you a personal, limited, non-transferable non-exclusive membership to access and use the Community, currently hosted in our Discord Server “Upbeater Freelancers”.
You guarantee that your information is true and correct and that you only use communication and information that is solely yours to use and that you don’t register under a false name or identity or set up false accounts.
We reserve the right to reject or terminate your registration if your business does not live up to internationally recognized norms and standards for human rights, arms, working conditions, the environment and anti-corruption.
2.1 COMMUNITY RULES & GUIDELINES
You may use the Community freely to post jobs and to market your product, services, offers and brand and to interact with other Community members as long as you obey the Community Rules & Guidelines.
Spamming, excessive posting, repeated pushing of similar content, excessive direct messaging, use of @everyone mentions or in other way over-using of the Service is strictly forbidden.
Furthermore, the following is strictly prohibited:
- Use of bad language
- Harassments or insults
- Exploitation of the community or it’s members
- Misuse of the community, our services, content or other shares info and resources
Breach of these rules may lead to immediate termination of your membership and can in certain cases lead to compensation obligation. You will remain responsible for paying any outstanding charges up until your membership was canceled.
2.2 CONFIDENTIALITY & SENSITIVE INFORMATION
Upbeater’s Community is an open forum where freelancers and companies can meet and interact. All members are free to share communication and information that they own and choose to share with other community members, with the understanding that other community members will be able to view and engage with shared content.
We encourage our community members to share tips, ideas, opportunities, offers, etc. It’s therefore advised that you only share information and communication that you are comfortable being shared.
2.3 Payment & terms
2.4 CANCELLATION OF SERVICE
3. TERMS & CONDITIONS: INVOICING SERVICE
3.1 THE PROJECT
3.1.1 The assignment, its nature, scope, duration, expected results, and other agreed conditions must be clearly stated in the Project Agreement, to which these Terms and Conditions are an appendix.
3.1.2 If the Self-Employed or Upbeater's cost increases with regard to the Project due to changes in law, union law, interest or applicable fees, the Self-Employed and Upbeater have the right to retroactively adjust the price for the Project in such a way that it reflects the increased cost both with respect to the Project itself as well as administrative tasks.
3.2 THE CLIENT
3.2.1 Agrees to these Terms and Conditions as an appendix to the Project Agreement, which must be signed before the Project begins.
3.2.2 Is responsible for providing information about the tasks to be performed, the length of the contract, working hours, and other conditions, agreements or circumstances that are of importance for the work to be performed. This must be specified in the Project Agreement, which also serves as a job description for the Self-Employed.
3.2.3 Is responsible for managing the Self-Employed and their work and for overseeing, controlling and following-up on the Self-Employed's work.
3.3 THE CONTRACTOR (UPBEATER)
3.3.1 Is responsible for paying salaries, social security contributions, and other employment related and administrative fees for the Self-Employed in relation to the Project and ensures that the Self-Employed is covered by valid accident insurance, liability insurance and pure property damage (allmänt konsultansvar) during the execution of the Project.
3.3.2 Reserves the right to decline the employment of a Self-Employed in each individual case without having to state special reasons. At the request of a potential customer, Upbeater can provide information about and confirm whether approval exists.
3.3.3 Only undertakes Projects that are covered by the scope of its insurances.
3.4 WORKING ENVIRONMENT
3.4.1 The Self-Employed must be well informed of possible risks related to a Project in order to be able to perform the Project without the risk of damages occurring. The Customer must always take the necessary protective measures to ensure that the Self-Employed are not exposed to bad health and accidents.
3.4.2 The Customer must provide protective equipment for the workplace and necessary equipment needed for the Self-Employed to perform his/her duties. For work that requires protective equipment, it must be obtained before the Project begins.
3.4.3 Customer, who is not a private person, must treat the Self-Employed as its own staff, and must act to ensure that the Self-Employed is treated fairly and equally in relation to other staff and that he/she is not exposed to discrimination. The Self-Employed must also be informed about internal conditions, laws, regulations, instructions, work environment and routines at the Customer’s company.
3.4.4 The Customer must always inquire whether the Self-Employed has the right training for the execution of a Project.
3.4.5 The Self-Employed may not carry out Projects that require access to areas where there is a significant risk of bad health or accidents without first having received sufficient instructions from the Customer.
3.4.6 If it can be considered that the Customer has control over a workplace, the Customer must ensure that there are such fixed devices at the workplace that the Self-Employed working there is not exposed to the risk of bad health or accidents. The customer must also ensure that other devices in the workplace can be used without such risk.
3.4.7 The Customer must report any accidents and incidents to Upbeater and the reporting must include all accidents and incidents at the workplace.
3.4.8 Working hours must be set in accordance with the Working Hours Act (arbetstidslagen, 1982:673) and regulations issued with the support of the Act. Maximum working hours prescribed by law must not be exceeded and the Customer must not exert any pressure whatsoever on the Self-Employed regarding work beyond what the law allows.
3.4.9 It is the Customer's responsibility to check and ensure that premises, machines, tools, protective equipment and vehicles provided by the Customer, regardless of whether they are owned by the Customer or borrowed, meet these Terms and Conditions. Upbeater disclaims all responsibility for this.
3.5 INVOICING & PAYMENT TERMS
3.5.1 Invoicing for completed Projects and payments shall take place in accordance with the Project Agreement.
3.5.2 The customer is obliged to pay Upbeater for the entire duration of the Project at the price agreed in the Project Agreement as long as the Project is not terminated in advance due to the Self-Employee's misconduct. In this case, the Customer needs to prove that the Self-Employed misbehaved, which must mean that the Self-Employed violated the Terms and Conditions or the Employment Agreement with Upbeater.
3.5.3 The amount to be paid shall be calculated based on and shall equal the amount agreed in the Project Agreement.
3.5.4 Upbeater and the Self-Employed are only entitled to compensation for the purchase of goods and/or services needed to carry out the Project if it has been agreed in writing by the Customer before the purchase takes place.
3.5.5 Compensation for travel and other additional costs incurred at the Customer's request shall be compensated by the Customer. However, this must be approved in writing before such costs are incurred and documentation of the costs, such as receipts, must be presented by the Self-Employed.
3.6.1 If errors or deficiencies in the Project occur that are under Upbeater responsibility, the Customer must immediately report this in writing to Upbeater. Errors or deficiencies discovered by the Customer after the Project has been completed or terminated must be submitted in writing no later than seven (7) calendar days after the Assignment has been completed. If the Consumer Services Act or the Consumer Purchase Act (Konsumenttjänstlagen alternativt Konsumentköplag) are applicable, reclamation are made in accordance with the applicable parts of the respective laws.
3.6.2 Reclamations and complaints must contain clear information about the nature and extent of the error or deficiency. The customer's right to damages or price deductions is forfeited if the customer does not submit a reclamation request within the prescribed time and in the prescribed manner.
3.6.3 After a reclamation request or remark, Upbeater must be given the opportunity to remedy the error or deficiency within a reasonable time, before the Customer makes a claim for damages or price reduction. What is considered a reasonable time is assessed with regard to the nature and extent of the error or deficiency.
3.6.4 indemnity for damages or price deductions against Upbeater must, in order to be entitled to compensation, always be preceded by a complaint and must be submitted by the Customer in writing without undue delay, but no later than three (3) months from the Project completion, to which the claim relates.
3.6.5 Remarks regarding work performed by the Self-Employed should be made directly to the Self-Employed. In case of significant complaints, such as misconduct or breach of contract, the Customer is required to report such to Upbeater.
3.7 LIABILITY & DISCLAIMER
3.7.1 If agreements have not been signed between the Self-Employed and Upbeater, as well as between Upbeater and the Customer, Upbeater cannot under any circumstances be considered responsible.
3.7.2 Upbeater shall be held harmless for all errors and damage to the Customer or third parties that arise due to the work that the Self-Employed performs for the Customer within the scope of the Project.
3.7.3 The Customer should have and maintain valid insurance for its business, including insurance attributable to the Self-Employed and his/her work for the Customer. The Self-Employed shall be considered equal to the Customer's own employees in this regard. Liability for personal injury is governed by Swedish law.
3.7.4 Upbeater's liability is limited to negligence regarding administrative tasks concerning the Self-Employed, and waives, as far as applicable legislation allows, all liability for direct or indirect damage, e.g. loss of profit, loss or other consequential damage, including the Customer's possible compensation obligation towards third parties or loss of information, which arises as a result of and/or is related to the Self-Employed's performance of work for the Customer.
3.7.6 Should liability for damages for Upbeater arise, Upbeater's liability is limited to a total amount of 0.5 price base amount, however never more than the agreed price for the Project. For ongoing Projects, the price for the Project will be the price for the last twelve (12) months of the Project. If the price that the Self-Employed has agreed with the Customer is less than 0.5 price base amount, Upbeater's maximum liability shall instead be limited to an amount corresponding to 0.1 price base amount. Price base amount means price base amount according to the Social Insurance Code (socialförsäkringsbalken, 2010:110) in force at the time of the occurrence of the damage.
3.7.7 In the event that the Customer can be held liable by law, the Customer must be responsible for the work the Self-Employed performs for the Customer. In the event that the Customer cannot be considered responsible, damage caused by the Self-Employed is covered by Upbeater's liability insurance and pure property damage (allmänt konsultansvar). Upbeater's liability is limited to the applicable insurance policy.
3.8 IMMATERIAL RIGHTS
3.8.1 Ownership rights of work and results that the Self-Employed carries out, create and deliver under the Project agreement belong to Upbeater, unless otherwise required by mandatory law or otherwise agreed. Upon completion of the Project and recipient of full payment, Upbeater transfers all the work and results carried out, created and delivered by the Self-Employed under the Project to the Customer. All copyright excluding non-profit rights as well as other intangible rights to results shall therefore constitute the Customer's property after the Project is completed and paid for.
3.8.2 The Customer must reimburse Upbeater what Upbeater may be obliged to pay to the Self-Employed for the transfer of the intellectual property rights according to law or union agreement.
3.8.3 In the case of invention, the Customer may act as a right holder (rättsinnehavare) in respect of the invention only in accordance with the applicable law or the relevant union agreement.
3.8.4 If the Self-Employed uses his/her own software or other tools when performing the work, the right to such tools does not transfer to the Customer.
3.8.5 The Customer and the Self-Employed is responsible for ensuring that results are not exposed to intellectual property infringements and for ensuring that other people's or organization’s systems are not used illegally during the Project.
3.8.6 Upbeater is not responsible for intellectual property infringement of the work, deliveries and results.
3.9 PERSONAL DATA
3.9.1 The Customer may only process personal data in accordance with the personal data processing legislation in force at any time. The Customer is considered the personal data controller for this data, thus responsible for following applicable and relevant personal data processing legislation.
3.9.3 If the Customer processes personal data for Upbeater, the Customer must sign a personal data processing agreement with Upbeater before the Assignment begins.
3.9.4 If the Self-Employed processes personal data while working for the Customer, Upbeater is not considered the personal data controller or personal data assistant for such processing, thus cannot be held liable for any such personal data processing.
3.9.5 If Upbeater needs to process personal data attributable to the Customer, the Customer must consent to processing in accordance with the General Data Protection Regulation.
3.10.1 The parties undertake to keep the content of the agreement and other information regarding Prpjects confidential. The parties may also not, either during the Project period or after its termination, use or disclose to any other person or company, show or reproduce for a third party information or documents relating to the other party and which can be considered confidential.
3.10.2 Exceptions apply to information that is generally known, or that any of the Parties is requested to show that is required by law or other constitution.
3.10.3 The Self-Employed is bound by the same confidentiality, further specified in the Terms and Conditions for Self-Employed.
3.11 CANCELLATION POLICY
3.11.1 This agreement is valid until further notice, unless otherwise agreed. Project Agreements are always valid for the period specified in the respective Project Agreement.
3.11.2 A party always has the right to terminate the Agreement with immediate effect by written notice to the other party if any of the following circumstances occur:
- The other party in any crucial respect breaches the agreement and fails to perform an agreed remedy within fifteen (15) days of written request.
- The other party is declared bankrupt, begins settlement negotiations, goes into liquidation or can otherwise be assumed to have become insolvent, or if the other party is banned from conducting business and the party does not immediately upon request provide satisfactory security for its commitment.
- If a party without the consent of the other party assigns the agreement to another person or organization.
3.11.3 In specific cases, due to an event that occurs and which the party could not reasonably have foreseen, which prevents or unreasonably increases the costs of executing the Project, the party may cancel or postpone the Project. The party is then not considered responsible for damage or delay, which also applies in the event of Swedish or foreign legislation or authority decisions, acts of violence or the risk of acts of violence, natural events, sudden damaging events, epidemics, labor conflicts or other unforeseeable circumstances. The proviso regarding labor conflict also applies if the party itself is subject to or takes such conflict action.
3.11.4 If any of the circumstances under clause 3.11.3 arise, the affected party must notify the other party as soon as possible. If the Project is still postponed after three (3) months, the Project shall cease unless the parties agree otherwise. If the Project ends, Upbeater has the right to compensation for work performed and related costs up until it was paused or stopped.
3.11.5 Upbeater may always terminate the Project Agreement and these Terms and Conditions immediately in the event that a Self-Employee does not show up or do the work agreed under the Project Agreement.