Last Modified: April 07, 2020
Welcome to Worqleus!
By accessing the Website or using the Services provided by the Company, you agree to be bound by these Terms.
Users who provide Freelance Services on the Website shall be referred to as Freelancers.
Freelancers and Clients shall be collectively referred to as “Users”.
All ancillary terms, guidelines and other documents made available on the Website shall be incorporated in this Agreement by reference and shall form an integral part of these Terms.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PROCEEDING TO USE THE SERVICES. IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE SERVICES, PLEASE IMMEDIATELY EXIT THE WEBSITE.
To be eligible to create a Client account on the Website, you must at the time of account registration:
If you are creating an account on behalf of your employer or other legal entity, you represent and warrant to the Company that you have the authority to bind that entity to this Agreement.
It is solely your responsibility to communicate this Agreement to your employer/organization/legal entity that you represent. You acknowledge that your actions on the Website will be attributed to the Organization. The Company will not be held liable for any loss or damage suffered by the Organization as a result of your actions on the Website.
The Company reserves the right to introduce any new features and functionality, modify existing features, amend any provision of this Agreement as well as the right to discontinue the Website or any part thereof at our sole discretion. Any changes in features and functionality of the Service will become effective from the date of implementation. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this Agreement. Please take the time to review these terms regularly to familiarise yourself with any material changes. You release the Company of any liability arising from your failure to review such modified Terms.
The Company reserves the right to rectify any errors, inaccuracies or omissions in any content on the Website, without any prior notice to you.
The Website is an online platform that enables Freelancers to offer their Freelance Services to Clients who are looking for those Freelance Services.
Clients can place “Service Requests” via the Website, and Freelancers will be able to access the Service Requests in their Freelancer Account. Clients can also search for Freelance Services on the Website and choose a Freelancer based on the Freelancer’s Service ratings and reviews. After the Client decides to work with a Freelancer, the Client can place their “Order” by paying the Freelancer’s Service Fee plus 2.9% + $1 Website Service Fee (“Website Service Fee”).
The Website currently enables Users to agree on payment terms either by milestone, on a per hour basis, or payment of the full amount at once.
The Freelancer’s Service Fee for an order will be held in an Escrow account until the ordered Freelance Service has been completed. Once the Freelancer completes the agreed Freelance Service, and the Client is satisfied, the Client can mark the order complete. Once the order is marked as complete, the Freelancer's Service Fee is released from the Escrow account and transferred into the Freelancer’s Account after deduction of the 0.25% + $2 + $0.25 payout fees.
If a Client neither accepts nor rejects an order deliverable, such an order is marked as complete after 7 days. Freelancer’s Service Fee is then transferred into the Freelancer's account after deduction of the payout fees within 10 to 15 days.
THE COMPANY’S ACCEPTANCE OF ANY USER ACCOUNT OR USER CONTENT ON THE WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OF SUCH USER, FREELANCE SERVICE OR ANY OTHER CONTENT. THE COMPANY DOES NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICES OFFERED BY FREELANCERS THROUGH THE WEBSITE, AND WE WILL NOT BE RESPONSIBLE FOR ANY USER CONDUCT.
THE COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL, VERIFY OR QUALITY CHECK ANY SERVICES OFFERED BY FREELANCERS ON THE WEBSITE. THE COMPANY DISCLAIMS ALL LIABILITY FOR ANY ACTIONS OR OMISSION OF ANY USER, WHETHER ONLINE OR OFFLINE.
WE MAKE OUR BEST EFFORT TO VERIFY THE IDENTITY OF FREELANCERS. HOWEVER YOU UNDERSTAND THAT WE RELY UPON THE INFORMATION PROVIDED TO US BY THE FREELANCERS, THEREFORE WE CANNOT GUARANTEE THAT THEY ARE WHO THEY CLAIM TO BE. FURTHERMORE, WE CANNOT GUARANTEE THAT THE FREELANCER HAS THE QUALIFICATION OR SKILLS TO PERFORM THE FREELANCE SERVICE THEY ARE OFFERING.
WE DISCLAIM ANY LIABILITY ARISING OUT OF ANY USER’S FAILURE TO DISCLOSE ANY MATERIAL INFORMATION OR ANY MISREPRESENTATION. CLIENTS ARE HEREBY ADVISED TO EXERCISE THEIR OWN BEST JUDGEMENT AND TAKE ALL REASONABLE STEPS TO PROTECT THEMSELVES AND THEIR PROPERTY. IT IS SOLELY THE CLIENT’S RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS WHEN INTERACTING WITH PEOPLE THEY DO NOT KNOW. BY USING THE WEBSITE, THE CLIENT AGREES TO HOLD THE COMPANY HARMLESS AND RELEASE US FROM ANY LIABILITY OR DAMAGE ARISING OUT OF OUR ASSOCIATED WITH THE USE OF THE WEBSITE. THE COMPANY WILL NOT BE RESPONSIBLE FOR THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE, AND WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, DEATH OR ANY OTHER DAMAGES ARISING OUT OF OR LINKED WITH ANY FREELANCE SERVICES. ACCORDINGLY, ANY DECISION TO USE THE WEBSITE WILL BE MADE BY YOU ENTIRELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED THE WEBSITE AND ENTERED INTO THIS AGREEMENT WITH YOU IN RELIANCE UPON DISCLAIMERS AS SET OUT IN THIS AGREEMENT. THESE DISCLAIMERS REFLECT A REASONABLE ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY. YOU UNDERSTAND AND ACCEPT THAT THE COMPANY WOULD NOT BE ABLE TO OFFER YOU THE SERVICES ON AN ECONOMICALLY VIABLE BASIS WITHOUT THESE DISCLAIMERS.
Unless expressly specified otherwise, the scope of our Service is limited to facilitating the availability of the Website features and functions.
All Freelance Services on the Website are quoted in USD. We reserve the right to modify our Website Service Fees, Order Cancellation, and Refund Policy at any time by amending these Terms.
The Company uses the secure Stripe payment processor to process all online payments and protect our Users. To learn more about Stripe’s Buyer Protection, please visit https://stripe.com/docs/security/stripe.
You agree to make all payments relating to the purchase of Freelance Services through the Website. Any action or attempt to encourage/solicit either complete or partial payment outside of the ambit of Website will constitute a material breach of this Agreement. We are unable to offer any protections to Clients who enter into transactions outside the Website. Any violation of this provision gives the Company the right to ban the violator from the Website and take any other legal action we deem appropriate.
Where the Client is eligible for a refund, the refund will be credited to the Client’s user account, and the Client can use the funds to acquire a different Freelancer’s Service.
Clients are required to register a Client Account in order to make use of the Services offered by the Company. It is free to register a Client Account. At the time of account registration, you will be asked to provide personal information to us, such as your name, address, phone number, email address, and other personal information.
Upon verification of details, Website may accept the account registration application.
You represent and warrant that:
(i) you have full power and authority to accept these Terms, to grant any license and authorization and to perform any of your obligations hereunder.
(ii) you will undertake the use the Website and Services for personal purposes only; and
(iii) the address you provide when registering is your personal address.
You further agree that:
When you register for a User account, you will be asked to select a user ID and password. You are prohibited from selecting any misleading Usernames that is intended to impersonate another person, and you must comply with the content rules set out in this document.
You shall be solely responsible for maintaining the confidentiality of your password. You will be solely responsible for any activity under your account, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your user account. You hereby release the Company from any loss or damage suffered by you as a result of any unauthorized access to your User Account.
You must notify the Website by emailing us at firstname.lastname@example.org if you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password).
To register for a Client Account, you must complete your User profile (“Profile”). You understand and accept that your Profile will be visible to other Website Users. You agree to provide true, accurate, and complete information on your Profile and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity, location, or your service requests and to correct any such information that is or becomes false or misleading. If you do not wish for your Profile information to be visible to other Users, you should not create a Client Account on the Website.
The Website enables a connection between Clients who are looking for service providers who offer specific freelance services and Freelancers who are offering those freelance services in that geographical area. The Company does not render any freelance services itself, and we do not supervise, direct, or control any services offered or rendered by any Freelancer listed on the Website. We do not act as an agent, representative, or employer on behalf of any User.
ALL SERVICE AGREEMENTS FOR ORDERED FREELANCE SERVICES (“FREELANCE SERVICE AGREEMENTS”) ARE BETWEEN CLIENTS AND FREELANCER ONLY, AND THE COMPANY IS NOT A PARTY TO ANY FREELANCE SERVICE AGREEMENT OR ANY DISPUTES ARISING THEREFROM. THE COMPANY WILL NOT BE HELD RESPONSIBLE FOR ANY BREACH OF ANY FREELANCE SERVICE AGREEMENT BY A CLIENT OR THE FREELANCER OR FOR ANY LOSS OR DAMAGE SUFFERED BY ANY USER ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE WEBSITE.
UNLESS EXPRESSLY STATED OTHERWISE THE COMPANY’S RESPONSIBILITY IS LIMITED TO FACILITATING THE AVAILABILITY OF THE WEBSITE FEATURES AND FUNCTIONALITY IN ACCORDANCE WITH THIS AGREEMENT AND APPLICABLE LAWS.
The term of this Agreement shall begin on the date when you first access the Website, and it will continue until you cease the use of our Service.
The Company reserves the right to terminate your account and/or suspend or revoke your access to the Website if:
We will have no liability whatsoever to any User for any suspension or revocation of account.
You may terminate your user account at any time by sending us an email to email@example.com . Or by accessing to you profile dashboard -> settings -> Edit your profile -> Settings -> Deactivate Account.
Please note that you cannot terminate your User account if you have orders pending under your account. You will be required to mark all outstanding orders as complete prior to terminating your account. You understand that you will not be able to log into your Client Account after termination. We advise you to save any information/files that you wish to access at a later stage before requesting termination of your account. We do not offer any assurances that you will be able to retrieve any information/files from your account after termination. The Company will not be liable for any loss of data as a result of your decision to terminate your account.
The Company only provides a platform for Freelancers and Clients to find and transact with each other. Users are solely responsible for evaluating and determining the suitability of any Freelancer and their skills and abilities to render the freelance services. If a Freelancer and Client decide to enter into a Freelance Service Agreement with each other, such Freelance Service Agreement is between that Freelancer and the Client only, and the Company is not a party to such Freelance Service Agreement.
Users are solely responsible for:
We are unable to guarantee that a Freelancer possesses the skills and qualifications they claim on their profile. If you require any additional information, it is solely your responsibility to request such information from the Freelancer. You understand that Users are solely responsible for the content they post on the Website and the Company will not be liable for any loss, damage or costs incurred by you as a result of your reliance upon any User Content on the Website.
The Company does not verify the authenticity of any ratings and reviews posted on the Website for a Freelancer’s Service. We reserve the right to, but we are not under any legal obligation to perform any background checks on Freelancers or Clients. User’s relationship with the Company is that of a Service Provider and Consumer. The Company does not act as an employer, agent or business partner of any User.
You agree that your “Electronic Signature” is the legal equivalent of your manual signature for this Agreement, thereby indicating your consent to do business electronically.
By clicking on the applicable button on the Website, you will be deemed to have executed these Terms electronically via your Electronic Signature with Company; effective on the date you first click to accept these Terms.
You agree to receive communications from us in electronic form. Such electronic communications may include, but will not be limited to, any and all current and future notices and/or disclosures that various laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with the Company.
You accept that the electronic documents, files and associated records provided via your account on the Website are reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. The Company reserves the right to require ink signatures on hard copy documents from the related parties, at any time.
From time to time, we may be required to carry out scheduled or unscheduled Website maintenance, including but not limited to testing, repairs, upgrades, and other similar tasks. Under such circumstances, we may have to deactivate or suspend Users access to the Website temporarily. The Company shall not be liable to indemnify any User for any loss, damage, costs or an expense that the User may suffer or incur, as a result of such deactivation or/and suspension.
You understand and accept that your use of the Website and/or the Services offered by the Company is subject to applicable local, and federal laws, regulations, and the restrictions specified below:
You are strictly prohibited from engaging in any of the following activities on the Website:
You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Website and use of our Services, without refund, reimbursement, or any other credit on our part. Access to the Website may be terminated or suspended without prior notice or liability. You represent and warrant to us that you have all right, title, and interest to any and all content you may post, upload or otherwise disseminate through the Website.
The Website includes hyperlinks to other websites which are owned and operated by third parties. Goods and services offered on these third-party websites and all representations made on such third party websites are governed by such third-party’s own terms and conditions. The Company will not assume any responsibility for any of your dealings or interaction with third parties.
Presence of external hyperlinks to or from the Website does not constitute an endorsement of, affiliation with, or recommendation of any third party by the Company. You are solely responsible for complying with the terms and conditions for the third party websites. You acknowledge that the Company shall have no liability for any damage or loss arising from your access to any third party website, software, data, or other information.
The Company may provide tools that enable you to export information to third-party services, including through the use of an API or by linking your account on the Website with your social account on a third-party service, such as Twitter or Facebook. By using these tools, you agree that we may transfer your User Content and information to the applicable third party service. Such third party services are not under our control, and we are not responsible for the contents of the third party or the use of your User Content or information by the third party.
We provide these third-party links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked website. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties services or websites.
All content that you post/upload on the Website, including but not limited to your profile, listings, ratings, and reviews will be publicly visible to other Website Users (hereinafter referred to as “User Content”).
The Company does not claim any ownership of your User Content, but by posting any content on the Website you grant the Company a non-exclusive, irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, reproduce, prepare derivative works of your User Content during the course of delivering our Services and for our marketing purposes.
You understand and accept that any User Content that you post in public areas of the Website will become visible to other website visitors and account holders. You hereby grant all Website Users a non-exclusive license to view your User Content in any manner permitted or made available by the Company through the Website.
All information provided by a User to the Company or uploaded or shared by a User through the Website is the sole responsibility of the User from whom such information originated.
You hereby waive any legal or equitable rights or remedies you may have against the Company with respect to any User Content accessed or made available through the Website. The Company does not endorse any User Content, and we are not under any legal obligation to verify the accuracy or legality of such content. The Company expressly disclaims all liability with respect to User Content on the Website.
The Company does not monitor any User Content made available through the Website, but we do reserve the right to do so. We reserve the right to remove, edit, or block any User Content if we believe that such User Content is incorrect, incomplete or in any way violates this Agreement. You represent and warrant to the Company that you are the owner of the User Content you upload, post or share through the Website, and/or you have the necessary license and authorization to upload and share your User Content through the Website. By posting any User Content on the Website you represent and warrant to the Company that such User Content is not in violation of any laws, or infringing anyone’s property rights, including intellectual property.
Excluding your User Content, all content made available by the Company through the Website, including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company by its licensors (“Licensors”) and subject to trademark, copyright and other intellectual property laws and conventions. Our Licensors may or may not be affiliated with us or our affiliates, partners, and advertisers.
You understand that the Company, its Users, and licensors reserve ownership and copyright in their own content which may be published or made available on the Website. You may use the Company Content in accordance with applicable laws and the provisions of this Agreement. No section hereof shall be construed as an intent to grant you any interest in the Website or any Company Content, in whole or in part.
Unless expressly stated otherwise, you agree not to reproduce any Company Content without the express written consent of the Company and/or its Licensors. Any unauthorized use of the Company Content may result in the suspension or termination of your User account. The Company hereby grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to use the Website for your personal and non-commercial use only in accordance with this Agreement.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Website and our Services may cause us, our affiliates, licensors or content providers irreparable injury, and therefore the Company and its Licensors may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
Worqleus is Company’s registered trademark. Any use of our proprietary trademark for any Product or Service that is not owned or operated by us is strictly prohibited. Any third party registered and unregistered trademarks or service marks on the Website are the property of their respective owners and, unless stated otherwise in the Terms, we do not endorse and are not affiliated with any of the holders of any such rights, and as such we cannot grant you any license to use any other party’s proprietary marks.
The Website is provided to you on an “AS IS”, “WITH ALL FAULTS”, and “AS AVAILABLE” basis and the Company expressly disclaims any warranty of any kind, expressed or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement and satisfactory quality. The Company does not offer any warranty that the Website will be available at any specific time or location; the Service will be uninterrupted, error-free or secure; that any defects will be corrected; or that the Service is free of viruses or other harmful components. The Company does not guarantee any specific results from the use of the Service. It shall be your own responsibility to ensure that the Services or information available through this Website meet your specific requirements.
No advice or information provided by the Company or its employees, affiliates, contractors, and/or agents shall create a guarantee.
Neither the Company nor its affiliates, licensors, owners, subsidiaries, brands, or advertisers are a professional advisor in any industry. The results described in the Website are not typical and will vary based on a variety of factors outside the control of the Company. Your use of any information and/or materials on this Website is entirely at your own risk, for which we shall not be held liable.
In no event will the Company be held liable for any direct, indirect, punitive, special or consequential damages including, without limitation for any loss of profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if the Company was advised of the possibility thereof.
The Company assumes no liability for:
The foregoing limitation of liability shall apply to the fullest extent permitted by law. In no event shall the Company’s liability to you exceed the amount paid by you to the Company in the three months preceding the date when the claim first arose or USD $50, whichever is greater.
You agree to indemnify, defend and hold the Company and its affiliates, subsidiaries, officers, employees and agents, and their respective employees, agents and representatives, harmless from and against any and all actual or threatened proceedings (at law or in equity), suits, actions, damages, claims, deficiencies, payments, settlements, fines, judgments, costs, liabilities, losses and expenses (including, but not limited to, reasonable expert and attorney fees and disbursements) arising out of, caused or resulting from:
(i) your conduct and any user content;
(ii) your violation of these Terms or the Policy; and
(iii) your violation of the rights of any third-party.
You indemnify the Company and its management for any time that the Website may be unavailable due to routine maintenance, updates, or any other technical or non-technical reasons. You agree to indemnify the Company and its management for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to your published content, damages from lost profits, lost data or business interruption.
You hereby indemnify the Website and its management and will not hold them responsible for copyright theft, reverse engineering and use of your content by other users on the website.
This Agreement shall be governed by and construed in accordance with the federal laws of Canada without giving effect to its conflict of laws principles. Both Parties agree to the exclusive jurisdiction of the courts of the province of Onatario for any legal proceedings in connection with this Agreement.
From time to time, we may display advertisements and promotions, from third party sources, on the Website. Any interactions that you may have with such advertisements and promotions of third parties are solely between you and such third party. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Website.
You may not assign or transfer any rights or obligations under this Agreement to any third party without our prior written consent, which may be withheld without reason. The Company may assign any rights or obligations under this Agreement to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are hereby reserved. These terms will inure to the benefit of any successors of the Company.
Company hereby reserves the right, at its sole and final discretion, to review any and all content delivered into the Website, and use moderators and/or any monitoring technology to flag and remove any user content or other content deemed inappropriate.
The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
Failure by the Company to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
All notices or other communications required or permitted under this Agreement to the Company must be sent via email at firstname.lastname@example.org and all notices and other communicated required or permitted under this Agreement to User will be sent at the email address provided by the User, whether during account registration or at the time the User sends notice to the Company.
If applicable law finds any provision of this Agreement to be unlawful, void, or unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.
Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.