This Agreement was last modified on 25th July 2023.

This User Agreement describes the terms and conditions which you accept by using our Application or our Services. We have incorporated by reference some linked information.

In this User Agreement:

“Account” means the account associated with your email address.

“Buyer” means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Application. A User may be both a Buyer and a Seller under this agreement.

“Contest” means a contest that is promoted by a Buyer and in respect of which a Seller can submit one or more entries via the Application.

“Contest Brief” means the document setting out the scope of a Contest, including but not limited to items such as a design brief.

“Contest Handover”, in respect of a Contest, means the agreement between the Buyer and one or more winning Seller(s) under which each Seller will transfer to the Buyer ownership of the winning entry or entries.

“Dispute Resolution Process” means the process to be followed by Buyers and Sellers under the Dispute Resolution Services.

“Entrant” means a Seller who has entered a Contest.

“Fannan”, “we”, “our”, “company” or “the company” or “us” means Fannan Middle East (CR 1010568916).

“Freelancer / Artist Verified” Users have been satisfactorily verified under the National Verification Policy of NIC through their certified third party “Tahakkom”.

“Inactive Account” means a User Account that has not been logged into for 6 months or other period determined by us from time to time.

“Intellectual Property Rights” means all intellectual property rights, existing worldwide and the subject matter of such rights, including (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

“Local Job” or “Local Jobs” means a service we provide to match a Buyer with a Seller with the provision of location-specific services.

“Milestone Payment” means a payment made by the Buyer for the provision of Seller Services under a User Contract and which will be released under the section “Milestone Payments” of these terms and conditions.

“Project” or “Listing” means a job offered or awarded by a Buyer via the Application, which may include a service or contest listed by a Buyer, a Service awarded by a Buyer (for example through Hire Me), a service bought by a Buyer from a Seller, and service awarded by a Buyer to a Seller as a result of a Contest or competition hosted via the application.

“Seller” means a User that offers and provides services or identifies as a Seller through the Application. A User may be both a Buyer and a Seller under this agreement.

“Seller Services” means all services provided by a Seller.

“Fannan Services” means all services provided by us to you.

“User”, “you” or “your” means an individual who visits or uses the Application, including via the API.

“User Contract” means: 

(1) this User Agreement; 

(2) the Code of Conduct as amended from time to time; 

(3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Application, to the extent not inconsistent with the User Agreement and the Code of Conduct; 

(4) the Project terms as awarded and accepted on the Application, to the extent not inconsistent with the User Agreement and the Code of Conduct; and 

(5) any other material incorporated by reference from time to time.

“Application” means the Application operated by Fannan and available at Fannan.sa and any of its regional or other domains or properties, and any related Fannan service, tool, or application, specifically including any iOS App and any Android App, or API or other access mechanisms.

1. Overview

By accessing the Application, you agree to the following terms with Fannan.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Application, without notice to you.

The Application is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an account to buy or sell Seller Services and/or items. The Application enables Users to work together online to complete and pay for Services, buy and sell services, and use the services that we provide. We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties.

We may, from time to time, and without notice, change or add to the Application or the information, products, or services described in it. However, we do not undertake to keep the Application updated. We are not liable to you or anyone else if any error occurs in the information on the Application or if that information is not current.

2. Scope

Before using the Application, you must read the whole User Agreement, the Application policies, and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the Freelancer / Artist Privacy Policy, and all Application policies. By accepting this User Agreement as you access our Application, you agree that this User Agreement will apply whenever you use the Application, or when you use the tools we make available to interact with the Application.

3. Eligibility

You will not use the Application if you:

1. are not able to form legally binding contracts;
2. are under the age of 16;
3. a person barred from receiving and rendering services under the laws of the Kingdom of Saudi Arabia or other applicable jurisdiction;
4. are suspended from using the Application; or
5. Do not hold a valid email address or ID.

All user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Subject to your local laws, a person over 15 but under 18 can use an adult’s account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

A company, corporation, trust, partnership, or other non-individual corporate entity may be a User subject to an eligible corporate account that pays corporate subscriptions.

We may, at our absolute discretion, refuse to register any person or entity as a User.

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

4. Using Fannan

While using the Application, you will not attempt to or otherwise do any of the following:

1. post content or items in inappropriate categories or areas on our Application and services;
2. infringe any laws, third-party rights, or our policies, such as the Code of Conduct;
3. fail to deliver payment for services delivered to you;
4. fail to deliver Seller Services purchased from you;
5. circumvent or manipulate our fee structure, the billing process, or fees owed to Fannan;
6. post false, inaccurate, misleading, deceptive, defamatory, or offensive content (including personal information);
7. take any action that may undermine the feedback or reputation systems (such as displaying, importing, or exporting feedback information or using it for purposes unrelated to the Application);
8. transfer your Freelancer/Artist account (including feedback) and Username to another party without our consent;
9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
10. distribute viruses or any other technologies that may harm Fannan, the Application, or the interests or property of Fannan users (including their Intellectual Property Rights, privacy, and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
11. download and aggregate listings from our application for display with listings from other websites or applications without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Application into any other website without our prior written authorization;
12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Application;
13. copy, modify, or distribute rights or content from the Application or Fannan’s copyrights and trademarks; or
14. Harvest or otherwise collect information about Users, including email addresses, without their consent.

5. Intellectual Property Rights Infringement

It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via email at info@fannan.sa and we will investigate.

6. Fees and Services

We charge fees for certain services, such as bidding fees for Jobs. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Services, which we may change from time to time and will update by placing on our Application. We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post a temporary promotional event or new service on the Application, or as notified through promotional correspondence. We take 15%  of each job. Users may be asked to verify payment or other user information before receiving or sending the credit. A seller can post a job within the range of:

Minimum = 100 SAR,

Maximum = 100,000 SAR.

Unless otherwise stated, all fees are quoted in Saudi Arabian Riyals (SAR).

7. Taxes

You are responsible for paying any taxes, including any goods and services or value-added taxes, which may be applicable depending on the jurisdiction of the services provided.

Depending on your residency or location, you may be subject to certain ad valorem or other taxes (for example, VAT in Saudi Arabia), on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.

You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

8. Payment Administration Agent

You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such affiliates include HyperPay.

Such a third party will have the same rights, powers, and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers, and privileges as our agent or in their name. In no event shall we be liable to any User for any loss, damage, or liability resulting from the Payment Administration Agent’s negligence and/or acts beyond the authority given by Fannan.

9. Promotion

We may display your company or business name, logo, images, or other media as part of the Fannan Services and/or other marketing materials relating to the Applications, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.

You acknowledge that we may use the public description of your Projects/Jobs and the content of your profile information on the Application for marketing and other related purposes.

10. Content

When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Application. We have the right (but not the obligation) to take any action deemed appropriate by us concerning your User Content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was made available on the Application; and (3) all content submitted to the Application is subject to our approval. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that, your content:

1. Will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
2. Will not violate any law or regulation;
3. Will not be defamatory or trade libelous;
4. Will not contain material linked to terrorist activities
5. Will not include incomplete, false, or inaccurate information about User or any other individual; and
6. Will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred to requesting entities of the Saudi Arabian Government. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Application and Fannan Services and may close your Account.

Information on the Application may contain general information about legal, financial, health, and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Application as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.

We provide unmonitored access to third-party content, including User feedback and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no liability based on, or related to, third-party content on the Application, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Application may contain links to other third-party websites. We do not control the websites to which we link from the Application. We do not endorse the content, products, services, practices, policies, or performance of the websites we link to from the Application. Use of third-party content links to third-party content and/or websites is at your risk.

Concerning the deletion or hiding of any information or content, using the Application to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a while to fulfill record-keeping, regulatory, compliance, statistical, law enforcement, and other obligations.

11. Feedback, Reputation, and Reviews

You acknowledge that you transfer the copyright of any feedback, reputation, or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication, etc.) together with any composite rating by us. You acknowledge that such feedback, reputation, and reviews belong solely to us, notwithstanding that we permit you to use it on our Application while you remain a User. You must not use, or deal with, such feedback, reputation, and reviews in any way inconsistent with our policies as posted on the Application from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Fannan feedback system. We are entitled to suspend or terminate your account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Application. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Fannan or its related entities, without our written permission.

12. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product, or service on the Application. Any website address posted on the Application, including in a listing, bid, listing description, clarification board, or message board, must relate to a Project, Job, Contest, an item listed, a user, or service being performed on the Application.

We may display advertisements or promotions on the Application. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that the content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents, or other intellectual property or proprietary rights and laws. Unless expressly authorized by Fannan or third-party right holders, you agree not to modify, sell, distribute, appropriate, or create derivative works based on such advertisement/promotions.

13. Communication with Other Users

Communication with other users on the Application must be conducted through the text, audio, and or video chat functionality, along with message boards, public clarification boards, Project message boards, direct message sending, and other communication channels provided on the Application.

You must not post your email address or any other contact information (including but not limited to Instagram, and Soundcloud) on the Application, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Application.

Unless you have a prior relationship with a User, you must only communicate with Users via the Application. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, Snapchat, GTalk, GChat or Yahoo, Instagram, Twitter, and Facebook.

Concerning video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.

Fannan may use information such as your name, location, display or username, and or your image, about the provision of messaging services on the Application.

We may read all correspondence posted to the Application and download or access, and test (if necessary), all uploaded files, programs, and websites related to your use of the Application to investigate fraud, regulatory compliance, risk management, and other related purposes.

14. Identity / Know Your Customer

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.

We also reserve the right to request a video interview with you to validate this information, your identity, your background, and your skills.

We reserve the right to close, suspend, or limit access to your Account, the Application, and/or Freelancer / Artist Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

We reserve the right to update your particulars on the application to match any identity documentation that has been provided. Disbursements such as wire transfers from the application may only be made to the beneficiary matching your provided identity documents and account information.

If you are not Fannan Verified you may not be able to withdraw funds from your Fannan Account, and other restrictions may apply.

15. User Services

Upon the Buyer awarding a Project, Job, or Contest to the Seller, and the Seller’s acceptance of the Application, or the purchase of an item by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances, and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Application.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement conflicts with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to comply with such local laws and no further.

Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency, or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership, or an employer-employee relationship between the Freelancer / Artist and any User.

16. Special Provisions for Local Jobs

Each User acknowledges:

1. Fannan does not review, approve, recommend or verify any of the credentials, licenses, or statements of capability about Local Jobs (or, for the avoidance of doubt, any non-Local Jobs on the Application);
2. Fannan provides matchmaking and platform services only. Users agree that Fannan has no liability for any other aspect of service delivery or interaction between Buyer and Seller. Fannan is not a party to any disputes between Buyer and Seller, although we provide a dispute resolution mechanism to assist the parties in resolving issues;
3. Fannan may from time to time include map features and Fannan may display the location of Users to persons browsing the Application on that map. Every Buyer seeking services for Local Jobs will be asked to provide the location where the Local Job is to be performed. You expressly agree that Fannan has no liability for displaying such information.
4. A User must never disclose, in any Project posted, personal details such as the User’s name, street number, phone number, or email address in any Project/Job description for a Local Job or in any other public communication on the Application (these may be disclosed for Local Jobs as required in private direct messages);
5. Fannan may collect location-related data from you via technologies including but not limited to GPS, IP address location, WiFi, and other methods. This data may be shared in the context of facilitating services for Local Jobs and each User specifically consents to this collection and sharing as part of this agreement;
6. Upon completion of a Local Job Project, Seller User must log on to the Application and click the “Complete” button for that Local Job, as soon as practicable.
7. Failure to complete the service or task will constitute a breach of this User Agreement; and
8. Our fees are applied to the amount of the awarded Seller’s bid to perform the services for the Local Job. Any items purchased by the Seller as part of performing the service are between the Buyer and Seller.

17. Funds

You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Application. If you are a Seller, you may have positive funds if you have completed a Project/Job, or sold an item, and funds have been released to you. There are also circumstances where funds may have been credited to your Account about an affiliate program or a referral program.

Funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us and may be commingled with our general operating funds, and/or funds of other User’s Accounts.

You are not entitled to any interest or other earnings for funds that are in your Account.

We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.

If your Account has negative funds, we may:

1. Set off the negative amount with funds that you subsequently receive into your Account;
2. Reverse payments you have made from your Account to other User Accounts on the Application;
3. Deduct amounts you owe us from the money you subsequently add or receive into your Account; or
4. Immediately suspend or limit your Account until your Account no longer has a negative amount.

If we offset a negative amount of funds under this section, it may be bundled with another debit coming out of your Account.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

1. We are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
2. The funds shown in your Account (which may include any prepayment of charges that you owe to us) represents our unsecured obligations to you for your rights to direct us to make payment about the purchase and sale of Seller Services through the Application and provision of the Fannan Services;
3. If you were a User acquired in the acquisition and your account was migrated to the Application, we are responsible for your positive funds only to the extent of the legal documentation between us and any acquired marketplace, along with this agreement, and you acknowledge specifically that the onus is on you to confirm the validity of your fund, and that any understatement or misstatement about this is not a claim against us, and belongs with the counterparty of any prior user agreement to which you agreed;
4. To the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
5. We are not acting as a trustee or fiduciary to such funds or payments;
6. The amount of funds showing in your Account is not insured and is not a guaranteed deposit;
7. Funds may only be loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Application to pay for or receive funds in respect of Seller Services;
8. Any refunds required to be processed in your favor will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;
9. We will hold funds in respect of the amount of your Account in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and
10. We may commingle your funds with funds of other Users and our funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction under this User Agreement.

18. Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.

If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.

We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:

1. We believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
2. We believe that the beneficiary of the payment is someone other than you;
3. We believe that the payment is being made to a country where we do not offer our Service; or
4. We are required to do so by law or applicable law enforcement agencies.

If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behavior, while we investigate any such matter.

19. Refunds

You may ask for a refund at any time for any funds that you have paid into your Account except if the amount to refund relates to fees or charges payable to us.

If the amount the User has asked to refund relates to (2) our charges, the process set out in the Clause “Disputes with Us” must be followed.

If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if: 

(1) We are required by law or consider that we are required by law to do so; 

(2) We determine that refunding funds to the User will avoid any dispute or an increase in our costs; 

(3) We refund funds to the User under any refund policy specified by us from time to time; 

(4) We find out that the original payment made by the User is fraudulent; 

(5) The User made a duplicate payment in error; or 

(6) We consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

You can request a refund by using our customer support website or emailing us at info@fannan.sa. You expressly agree to use the dispute resolution process in this agreement, expressly agree to be bound by its ruling, and expressly agree not to initiate any chargeback request with your card issuer.

If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share all information about your agreement to these terms and conditions, to defeat any such chargeback request.

If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

20. Withdrawals

Your first withdrawal of funds earned may be delayed for up to fifteen days for security and fraud purposes.

Subsequent withdrawals may be delayed for up to fifteen days where our fraud prevention policies require a delay.

We may impose a minimum withdrawal amount for funds earned. This is set out in our schedule of charges. For withdrawal, your Account wallet should be at least 1150 SAR unless otherwise specifically agreed with support.

We may require you to be Fannan Verified before you can withdraw funds from your Fannan Account, irrespective of whether or not a delay has been enforced.

You acknowledge and agree that we may seek to verify your identity or request additional information from you as part of our anti-fraud.