A client and freelancer are not required to use the Payment Service only if the client pays Elance an “Opt-Out Fee” for identifying the freelancer through the Site. The client may elect to pay the Opt-Out Fee at any time. Once the client pays the Opt-Out Fee, the client and the freelancer may request, make, and accept payments outside the Site for any work they do together thereafter.
If you wish to Opt-Out of using the Elance Payment Service, you must email Elance at firstname.lastname@example.org. In your email, please include the following information:
- Your username.
- The freelancer’s username.
- The job title and ID.
After receiving your email, Elance will then post the Opt-Out fee as a charge to your Elance Account. After paying the fee, you will receive a confirmation notice that authorizes you to make payments to your freelancer outside of Elance.
The Opt-Out Fee is computed to be the greater of the following amounts:
- $2,500, or
- 15% of the value of the work to be performed in the Elance Relationship during the exclusivity period, as estimated in good faith by the prospective client, or
- The amount of all Service Fees that Elance would earn or would have earned on all payments during the first 24 months, and in either case plus interest at the rate of 18% per annum or the maximum rate permitted by applicable law, whichever is less, calculated from the date the client first makes payment to the freelancer identified through the Site.
If a client does not use the Payment Service to make all first payments during the first 24 months to a freelancer as agreed above, and fails to pay the Opt-Out Fee, then the client agrees that it is liable and will pay to Elance the greater of the amounts listed above.