We are ODeskWork (“ODeskWork.com”) incorporated in the India .
These are our terms and conditions. They tell you what we do and how we do it.
By using our site, you indicate that you accept these terms and conditions, and the referenced policies, and that you agree to abide by them.
Last update to these T&C Thursday 26th Dec 2019.
1.OVERVIEW AND DEFINITIONS
ODeskWork is an online marketplace that enables buyers of professional services (“Employers”) to search for, enter into and manage transactions with providers of professional services (“Freelancers” and, collectively with Employers, “Registered Users”). The Website contains features that enable Freelancers and Employers to do, among other things, the following:
Employers: Create profiles, post projects, search for Freelancers, communicate with Freelancers,
negotiate with Freelancers, award projects to Freelancers, manage projects, leave feedback for Freelancers, and pay Freelancers.
Freelancers: Create profiles, advertise capabilities, submit quotes, negotiate with Employers, obtain
project awards, invoice, obtain feedback from Employers, and receive payment from Employers.
We also provide Registered Users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms of Service have the following meanings:
“Account” means the account created by the Website upon registration.
“Assumed Payment Liabilities” shall mean that portion of a Freelancer’s total service charges for a Project which ODeskWork agrees to assume in consideration of the Service Charges.
“Dispute Resolution Service” means the service described in Section 6.
“Employer’s Acceptance of Services” shall mean: (i) with respect to an Invoice, a transfer of funds by Employer to ODeskWork in respect of such Invoice or (ii) With respect to the Safe Deposit Service, the earlier to occur of the following: (a) Employer and the Freelancer agree as to the rightful recipient of the funds or (b) Employer and Freelancer have concluded the process comprising the Dispute Resolution Service.
“ODeskWork Billing and Payment Services” means, collectively, the ODeskWork Invoice Service and the Safe Deposit Service.
ODeskWork Invoice Service” means the service described in Section 5(A).
“Service Charges” means, as applicable, the Project Fee, Employer Payment Processing Fee, Freelancer Transfer Method Fee and the Dispute Resolution Service Fee.
“Services” means, collectively, the ODeskWork Billing and Payment Service, the Dispute Resolution Service and other services offered through the site.
“Buyer,Client, Employers” means any User utilizing the oDeskwork Platform to request Services to be performed by a Freelancer. From time to time, oDeskwork may act as a Client, and the terms and conditions of this Agreement applicable to Clients will apply to oDeskwork when acting in this way.
“Safe Deposit or Credit Deposit Service” means the service described in Section 5(B).
“Company or Agency” means a legally recognized entity with the ability to hire and/or contract.
“Freelancer Fees” means any bonuses paid or other payments made by a Buyer for a Service Contract.
“Buyer Deliverable s” means requests, instructions, intellectual property and any other information or materials that a Freelancer receives from a Buyer for a particular Service Contract.
“Fixed-Price” means a fixed fee agreed between a Buyer and a Freelancer, prior to the commencement of a Contract, for the completion of all Services requested by Buyer for such Contract.
“Fixed-Price Contract” means a Service Contract for which Buyer is charged a Fixed-Price.
“Credit” means that the base price of any service on oDeskwork is $1.
“Sellers, Freelancer, Service Provider” means any company or individual User utilizing the oDeskwork Platform to offer Services to Buyer.
“Admin” means odeskwork Support Team.
“Freelancer Deliverable s” means instructions, requests, intellectual property and any other information or materials that a Client receives from a Freelancer for a particular Service Contract.
“Website or oDeskwork Platform or platform” means the online platform operated by oDeskwork, including related software and services, that allows Buyers and Sellers to identify each other and enable them to buy and sell Services online.
“IP or Proprietary Rights” means any and all rights, title, ownership and interest in and to copyrights, mask works, industrial designs, trademarks, service marks, trade names, trade secrets, patents, and any other rights to intellectual property, recognized in any jurisdiction, whether or not perfected.
“Service Provider Contract or Service Contract” means a particular project or set of ongoing tasks for which a Buyer has requested Services to be performed by a Sellers and the Seller has agreed on the oDeskwork Website.
“Work Services or Services” means Animation, Graphics, Web, Voice, Legal, web development, writing, translation, software development, Production, Creative Content, administrative, marketing, design customer service, sales, data entry, Sketching, general business services or any other human related services.
“Website” means the world wide web site operated by ODeskWork at www.oDeskWork.com or any replacement URL.
- Eligibility. To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Project Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. ODeskWork reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.B. Registration.To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.C. Accounts and Profiles.(1) General. Once you have registered with the Website as a Registered User, the Website will create your Account with oDeskWork.com and associate it with an account number.(2) Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize ODeskWork to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.(3) Freelancers. As described on the Website, a Freelancer uses proposals to submit quotes for Projects. If a Freelancer requires additional proposals in a given month, the Freelancer has the option to buy additional proposals by purchasing a Proposal Pack as described on the Website. We reserve the right to change membership fees, the monthly number of proposals included in the membership options or the price Proposal Packs or institute new fees at any time, at the sole discretion of ODeskWork and upon reasonable notice posted in advance on the Website. No refunds of membership fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid. User agrees that User is not (a) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to INDIA or other sovereign country sanctions or embargoes; or (c) an individual or an individual employed by or associated with an entity identified on the Ministry of Commerce and Industry Denied Persons or Entity List, Blocked Persons Lists, or otherwise ineligible to receive items subject to INDIA export control laws and regulations, or other economic sanction rules of any sovereign nation.
- Employer and Freelancer.
(1) Project Agreement. The engagement, contracting and management of a project are between an Employer and a Freelancer. Upon acceptance of a quote, the Employer agrees to purchase, and the Freelancer agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Employer and Freelancer including the Project Proposal, Project Description, and other terms and conditions as communicated between Employer and Freelancer on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by either party (collectively, the “Project Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. Employer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. Freelancer is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner. Employer and Freelancer each covenants and agrees to act with good faith and fair dealing in performance of the Project Agreement.
(2) Independence. Employer and Freelancer each acknowledges and agrees that their relationship is that of independent contractors. The Freelancer shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Freelancer and Employer or between ODeskWork and any Employer or Freelancer.B. Registered Users and ODeskWork.
(1) General. ODeskWork is not a party to the dealing, contracting and fulfillment of any Project between an Employer and a Freelancer. ODeskWork has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Freelancers to perform services, the ability of Employers to pay for services, or that an Employer or Freelancer can or will actually complete a Project. ODeskWork is not responsible for and will not control the manner in which a Freelancer operates and is not involved in the hiring, firing, discipline or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Freelancer. ODeskWork will not provide any Freelancer with any materials or tools to complete any Project. Employers and Freelancers must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
(2) Third-Party Beneficiary of Project Agreement. Employer and Freelancer each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Employer and Freelancer therefore appoint ODeskWork as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, ODeskWork by these Terms of Service. Employers and Freelancers further agree that ODeskWork has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as ODeskWork in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
(3) Agency. These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and ODeskWork, except and solely to the extent expressly stated.
(4) Taxes. Registered Users are responsible for payment and reporting of any taxes. ODeskWork is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. You agree that you will abide by any and all applicable state and government tax statutes, regulations and common law. In the event ODeskWork receives a notice of non-compliance with any such statute, regulation or common law, ODeskWork will deem such receipt a breach of this section and will suspend your Account.
4. ODESKWORK FEES
- Services Fees.ODeskWork deducts one or more of the following fees, as applicable, from payments made by Employers to Freelancers using the oDeskWork Billing and Payment Services:
(1) Project Fee. ODeskWork charges all Freelancers a Project Fee. The fee is based on a Freelancer’s profile membership type and is deducted from the total amount paid by an Employer for a Project. Freelancer’s are charged a 5% to 20% Project Fee.(see detail in 5.0)
(2) Employer Payment Processing Fee. If an Employer pays a Freelancer, an Employer Payment Processing Fee depending on the mode of payment will be charged to the Freelancer. For Refunds : A small fee ($10 + 6% on total Credits/Amount withdraw) for refunds will be applicable.(see detail in 5.0)
(3) Freelancer Transfer Method Fee. If, upon a Freelancer’s request, funds are to be disbursed via check or an NEFT transfer or through Paypal a Freelancer Transfer Method Fee will be charged to the Freelancer as described on the Website.(see detail in 5.0)
(4) Dispute Resolution Service Fee. For use of Dispute Resolution Service, irrespective of the nature of resolution and any resulting disbursements, ODeskWork charges a Dispute Resolution Service Fee, equal to 5% of the total amount paid by an Employer to ODeskWork for the applicable project to which such payment relates.(see detail in 5.0)
B.If Freelancer elects disbursement through a third party, the third party may assess additional fees. If Freelancer elects disbursement in foreign currency, oDeskwork can adds a conversion fee of 3% to the spot rate quoted by its foreign exchange vendor.We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by ODeskWork at any time
- odeskwork does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s odeskwork Credit Balance and are available for future purchases on odeskwork. Until august 1, 2019 funds returned to your odeskwork Credit Balance from cancelled orders will not include service fees paid. As of august 1, 2019, odeskwork returns service fees to your odeskwork Balance once an order is cancelled. In any event, if the service fees were not returned to your odeskwork Balance following an order cancellation, such service fees’ amount will be exempted from your next purchase on odeskwork.
- Deposit refunds or Credits Refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency . To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
4.2 oDeskwork Extra Credits
oDeskwork may offer you credits (“oDeskwork Extra Credits” or “Extra Credits”), either for promotional purposes or otherwise, to be used for purchasing project and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid odeskwork Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise,odeskwork Credits serve only as an incentive to use odeskwork, a Credits may be voided in the event of fraud, misuse, or violation of these Terms. odeskwork reserves the right to modify or cancel the odeskwork Credits program at any time. If you or odeskwork deactivate or suspend your odeskwork account, any unused odeskwork Credits in your account will be forfeited.
4.3 Account, Identity Security
oDeskwork reserves the right to validate User information at any time, including but not limited to validation against third party databases or the verification of one or more official government or legal documents that confirm the User’s identity. You authorize oDeskwork, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. Failure to provide information about you and your business when requested is a violation of this Agreement. The User is solely responsible for ensuring and maintaining the secrecy and security of the User’s oDeskwork account password. User agrees not to disclose this password to anyone and shall be solely responsible under all circumstances for any use of or action taken through the use of such password on the oDeskwork Platform. You must notify oDeskwork Support immediately if you suspect that your password has been lost or stolen. By using your oDeskwork User account, you acknowledge and agree the oDeskwork’s account security procedures are commercially reasonable.
Users may receive a warning to their account( mail or message) for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing client statuses or becoming permanently disabled based on the severity of the violation.
If oDeskwork Found that User(Freelancer, Clients) Involve in Sharing Contact information such as Email, Skype, Contact Number, Payment Information to Platform or Violates its Policy, oDeskwork have rights to Ban/Delete Users (Freelancer, Clients) Account Permanently or Can Charge A Fine of 40% (Total Withdraw Amount) on Withdraw Payments.
Adult Services & Pornography – odeskwork does not allow any exchange of adult oriented or pornographic materials and services.
- Seeking, offering, promoting, or endorsing and services, content, or activities that:
- are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
- would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;
- would violate (a) oDeskwork Terms of Service, (b) the terms of service of another website or any similar contractual obligations, or (c) the academic policies of any educational institution;
- regard the creation, publication, distribution of “fake news”, “hoax news” or similar false content purposefully intended to mislead readers for financial or other gain;
- regard or promote in any way any escort services, prostitution, or sexual acts; or
- are harassing toward another person based on the person’s inclusion in a protected class as defined by applicable law;
Inappropriate Behavior & Language – Communication on odeskwork should be friendly, constructive, and professional. odeskwork condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – odeskwork takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services or orders.
- Expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis;
- Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or oDeskwork proprietary information, including
- Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site;
- Bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
- Accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
- Framing or linking to the Site or Site Services except as permitted in writing by oDeskwork.
- Attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
- Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
- Attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
- Collecting or harvesting any personally identifiable information, including Account names, from the Site;
- Attempting to or imposing an unreasonable or disproportionately large load (as determined in odeskwrk sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of odeskwork or any third party;
- Buyer/Client shall make all payments relating to, or in any way connected with, a Service Contract (including, without limitation, bonuses) through the oDeskwork Platform. Any action that encourages or solicits complete or partial payment outside of the oDeskwork Platform is a violation of this Agreement. Should a Client or Freelancer (including an Agency) be found in violation of this section of this Agreement, it will owe oDeskwork an amount with respect to each Service Contract equal to the greater of a) $2,000; or b) the applicable fees had the payments been processed through the oDeskwork Platform, plus 40%.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of odeskwork will not be protected by our Terms of Service.
- Fraudulent or misleading uses or content, including:
- Fraudulently billing or attempting to fraudulently bill any Client, including by (i) falsifying or manipulating or attempting to falsify or manipulate the hours (iii) reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading or false;
- Misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;
- Falsely attributing statements to any oDeskwork representative, forum leader, guide or host;
- Falsely stating or implying a relationship with oDeskwork or with another company with whom you do not have a relationship;
- Using a profile photo that misrepresents your identity or represents you as someone else;
- Impersonating any person or entity, including, but not limited to, an oDeskwork representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Falsely stating or implying a relationship with another User, including an Agency continuing to use a Freelancer’s profile or information after the Freelancer no longer works with the Agency;
- Allowing another person to use your account, which is misleading to other Users; or
- Falsely stating that one Freelancer will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Freelancer that is unable, unwilling, or unavailable to do the work;
Authentic odeskwork Profile – You may not create a false identity on odeskwork , misrepresent your identity, create a odeskwork profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. odeskwork reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
- Posting identifying information concerning another person;
- Spamming other Users with proposals or invitations or posting the same job multiple times so that more than one version remains active at a given time;
- Making or demanding bribes or other payments without the intention of providing services in exchange for the payment;
- Requesting or demanding free services, including requesting Freelancers to submit work as part of the proposal process for very little or no money or posting contests in which Freelancers submit work with no or very little pay, and only the winning submission is paid the full amount;
- Requesting a fee before allowing a User to submit a proposal;
- Attempting to or actually manipulating or misusing the feedback system, including by:
- expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system; or
- offering services for the sole purpose of obtaining positive feedback of any kind;
- withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
- attempting to coerce another User by threatening to give negative feedback;
Intellectual Property Claims – odeskwork will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use – You may not use odeskwork for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the odeskwork community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to odeskwork Terms of Service is cause for permanent suspension of all accounts.
- Duplicating or sharing accounts;
- Selling, trading, or giving an account to another person without oDeskwork consent;
- Sharing or soliciting contact information, such as email, phone number, or Skype ID, in a profile or job post;
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on odeskwork. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell odeskwork accounts.
- Directly or indirectly, advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on oDeskwork to recruit Freelancers and/or Clients to join an Agency or another website or company;
- Attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or oDeskwork; or
- Accessing or using the Site or Site Services to build a similar service or application, identify or solicit oDeskwork Users, or publish any performance or any benchmark test or analysis relating to the Site.
The Site, including its general layout, design and content, is exclusively owned by odeskwork and protected by copyright and trademark law. odeskwork registered trademarks owned exclusively by odeskwork. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
- odeskwork reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
- Violation of odeskwork Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on odeskwork.
- Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to odeskwork approval.
- Disputes should be handled using odeskwork dispute resolution tools (‘Resolution Center’ on the order page) or by contacting odeskwork Customer Support.
- odeskwork may make changes to its Terms of Service from time to time. When these changes are made, odeskwork will make a new copy of the terms of service available on this page.
- You understand and agree that if you use odeskwork after the date on which the Terms of Service have changed, odeskwork will treat your use as acceptance of the updated Terms of Service.
5 SITE USES PERMITTED TERM
- oDeskwork makes the Site and Site Services available for Users to find one another, enter into service relationships, make and receive payments through Credits System, and receive and provide Freelancer Services. oDeskwork offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. While we try to ensure that any information we post is both timely and accurate, errors may appear from time to time. We do not make any representations or warranties with respect to any information that is posted on the Site by us or anyone else. In no event should any content be relied on or construed as tax or legal advice or otherwise. You should independently verify the accuracy of any content.
5.1 PROHIBITED SITE USES TERM
You may not use, or encourage, promote, facilitate, instruct or induce others to use, the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others. You will not access (or attempt to access) the Site by any means other than the interface provided, and you will not use information from the Site for any purpose other than the purpose for which it was made available. You will not upload or attach an invalid or malicious or unknown file. You will not insert any external links that may be malicious or unknown to you, or used for offering any goods or services other than Services. You will not engage in any activity that interferes with or disrupts the functioning of the Site. You agree not to “scrape” or disaggregate data from the Site (whether by manual or automated means), for any commercial, marketing, or data compiling or enhancing purpose, or to copy, re-post or re-use data from the Site for any other service.
5. ODESKWORK BILLING AND PAYMENT SERVICES
A. Membership Fee. Freelancers can choose various membership programs to subscribe to different levels of participation on the Website
B. Services Fees. oDeskwork.com deducts one or more of the following fees, as applicable, from payments made by Employers to Freelancers using the oDeskwork Billing and Payment Services:
1. Project Fee. oDeskwork.com charges all Freelancers a Project Fee. The fee is based on a Freelancer’s membership type and is deducted from the total amount paid by an Employer for a Project as described here
Job fee:6%-15% will be taken out of any payment you receive when completing a job. The fee varies based on your membership level:
2. Employer Payment Handling Fee. When an Employer pays a Freelancer or Withdraw Credit Balance , a Payment Handling Fee (4.9%) will be added to the invoice total.
3. Freelancer/Employer Transfer Method Fee. If, upon a Freelancer’s request, funds are to be disbursed via a wire transfer, a Freelancer Transfer Method Fee will be charged to the Freelancer as described below.
|Direct Deposit (India Accounts Only)
||There are regular imps or neft fees to receive funds via direct deposit.
||PayPal may charge you fees depending on the transaction. Please read PayPal’s user agreement for more information.
|| the card issuer, charges a one-time card activation fee, a monthly account maintenance fee, and loading and cash withdrawal fees.
|Wire Transfer (Non-U.S. Accounts Only)
||$10.00 per wire transfer.
Transfers made through use of automated clearinghouse, Paypal and Payoneer debit card methods will incur such fee.
Payment made in Paypal eCheque method can takes approx 3-5 days (As per Paypal Policy) to clear until then credits can be in Status “Review / Pending” & Can not be use until Paypal eCheque payment has been deposited into odeskwork account
4. Dispute Resolution Service Fee. For use of Dispute Resolution Services, irrespective of the nature of resolution and any resulting disbursements, oDeskwork charges a Dispute Resolution Service Fee, equal to the greater of twenty-five dollars ($25.00) and five percent (5%) of the total amount paid by an Employer to odeskwork.com for the applicable project to which such payment relates.
5. Employer Withdrawal Fee. When the employer withdraws funds from their Credit account there is a withdrawal fee (5%) and Flat $20 per Withdraw. This fee will be subtracted from the amount withdrawn.
6. Withdraw (paypal, bank transfer and others ) process can takes upto 10-15 days After Verified User Odeskwork Account (Complete Updated Profile) With Valid ID, Phone Number. For bank account withdraw, A conformation payment will be Send to User Account to verify user Bank Account.
C. We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by oDeskwork at any time, at the sole discretion of oDeskwork and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
6. DISPUTE SERVICES
- Eligibility. ODeskWork offers the Dispute Resolution Service to those Registered Users that have requested ODeskWork to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Project that is (i) pursuant to a project posting by an Employer through the Website, (ii) pursuant to a proposal for by a Freelancer through the Website for such project posting and (iii) pursuant to an acceptance through the Website by the Employer for such proposal. Employer and Freelancer agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 6.B. Process.
(1) Mediation. In any dispute between Registered Users relating to a Project that is eligible for Dispute Resolution Service, you agree to mediate such dispute in good faith before ODeskWork for a period of ten (10) business days. Such ten business day period shall be deemed to have begun the day that either party requests Dispute Resolution Service through the Website. If the result of such mediation is acceptable to both parties in a dispute, you agree to indicate your approval of such mediation through the Website and ODeskWork will disburse funds in accordance with the results of such mediation. If you are dissatisfied with the progress, or if ten (10) business days have lapsed since you have notified ODeskWork of a dispute between you and a Freelancer, you agree to submit your dispute to binding arbitration as further set forth below.(2) Arbitration. In any dispute between an Employer and a Freelancer which cannot be resolved through mediation, you expressly agree to and acknowledge that ODeskWork or a third party chosen by ODeskWork will arbitrate the dispute in accordance with these Terms of Service and the Website.(a) You acknowledge and agree that ODeskWork will construe any Project Agreement based on the transaction’s course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Project Agreement, (ii) the parties’ course of dealings, as evidenced by activity on or communications through the Website, (iii) the Project itself and (iv) any information or communication that the Employer and the Freelancer agree should be considered.(b) ODeskWork shall render its decision within five (5) business days of a failed mediation. During this time, you are encouraged to continue to negotiate an amicable settlement with the Freelancer with which you are engaged in a dispute.(c) You agree that the decision of ODeskWork, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator’s decision.(d) In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Project that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Project in your possession and destroy any electronic copies that you have.
Communication: You agree and acknowledge that
(1) ODeskWork will use the e-mail address corresponding with your Account registered at the time a dispute arises to notify and communicate with you with regard to any dispute.
(2) You are solely responsible for the receipt of any notification or communication sent by ODeskWork using the e-mail address corresponding with your Account registered at the time a dispute arises.D. Acknowledgements.
You agree and acknowledge that
(1) ODeskWork is not providing legal consulting services.
(2) ODeskWork will not advise you regarding any legal matters
(3) If you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on ODeskWork for any such counsel. You agree to indemnify and hold harmless ODeskWork and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service. If you do not agree to use this Dispute Resolution Service under these terms, you should not request ODeskWork to assume the Assumed Payment Liabilities. oDeskwork and User hereby agree that any Claims shall first be settled through negotiation. A final judgment will be made by the arbitrator, which must be adhered to by both parties and by oDeskwork, as applicable. You agree that any Claim you may have against oDeskwork, if not resolved as set forth above, must be resolved by the State of Rajasthan Courts of India. You hereby irrevocably consent to the personal jurisdiction and venue of these courts.
7.TERM – TERMINATION AND SUSPENSION
- These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or ODeskWork as provided for under the terms of this section.B. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) ODeskWork shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to ODeskWork for any service and to any Freelancer for any services.C. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for ODeskWork or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.D. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
- oDeskwork has the right, but not the obligation, to suspend or cancel your access to the oDeskwork Platform if it believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or violated our rights or those of another party. Without limiting oDeskwork’s other remedies, we may suspend or terminate your account, use self-help in connection with our rights to reclaim any available funds, and refuse to provide any further access to the oDeskwork Platform to you if (a) you breach any terms and conditions of this Agreement or other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for oDeskwork. Once suspended or terminated, you MAY NOT continue to use the oDeskwork Platform under a different account or reregister under a new account. If you attempt to use the oDeskwork Platform under a different account, we reserve the right to reclaim available funds in that account and/or use an available payment method to pay for any amounts outstanding. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. When your User account is canceled, you may no longer have access to any parts of the oDeskwork Platform, including data, messages, files and other material you keep on oDeskwork.
- Odeskwork Support team filters or remove the profiles that have no content or SPAM, Support team ask for Resubmit the application to user or can remove on its on.
- Non-payment: If Buyer/Client fails to pay amounts due under this Agreement, whether by cancelling Client’s credit card, initiating an improper chargeback, or any other means, Client’s oDeskwork account will be suspended, no additional payments will be processed, and any work-in-progress will be stopped. Without limiting other available remedies, Client must reimburse oDeskwork for amounts due upon demand, plus any applicable processing fees, charges or penalties, plus interest at the lesser of one and one-half percent (3%) per month or the maximum allowed by law, plus attorneys’ fees and other costs of collection as allowed by law. In its discretion, oDeskwork may setoff amounts due against other amounts received from or held for Client, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
- Hold on funds/Credits: In cases of fraud, abuse or violation of this Agreement, the oDeskwork Payment Guarantee shall be revoked and all monies due to the Freelancer may be held and/or reclaimed, not just those from the Contract(s) under investigation. Once the dispute period has passed, the charges are accepted by the Client and can no longer be disputed and can only be refunded by the Freelancer. Disputes can only address the Fixed Price, not the quality of the work performed or deliverable s. oDeskwork will promptly investigate the Job and work, in its sole discretion, whether an adjustment is appropriate. oDeskwork’s determination shall be final.
8. PRIVACY AND CONFIDENTIALITY.
A. Registered User Content.
(1) You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content“), (b) any posting or listing made in any public message area, through any email feature or through ODeskWork feedback feature (collectively, “Non-Multimedia Content“) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content“). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
(2) You hereby assign to ODeskWork your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing ODeskWork products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
(3) Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
(4) We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
9. REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
- Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
(1) grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
(2) to be fully responsible and liable for any action of any user who uses your Account.
(3) not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.(4) not to allow any third party who is not authorized to do so to use your Account at any time.
(5) not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
(6) not to intercept or expropriate any system, data or personal information from the Website.
(7) not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
(8) that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
(9) that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
(10) that they will not use the Website or its services to defraud or mislead any person or entity, including without limitation ODeskWork or any Register User.B. Warranty Disclaimer. THE SERVICES PROVIDED BY ODeskWork OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.C. Limitation of Liability. IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.D. General Release. If you have a dispute with another Registered User, you release ODeskWork (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.E. Indemnity. You agree to defend, hold harmless and indemnify ODeskWork from and against any and all losses, costs, expenses, damages or other liabilities incurred by ODeskWork from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against ODeskWork: (1) in connection with your use of the Services including any payment obligations incurred through use of the ODeskWork Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Freelancer; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Freelancer. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.F. Links. The Website may contain links to third-party web sites not under the control or operation of ODeskWork. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.G. Data. You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on ODeskWork’s part to store, backup, retain, or grant access to any information or data for any period.
10. CONTESTS TERMS AND CONDITIONS
- Buyers can promote a Contest hosted on the Website by providing a Contest Brief and paying the Contest Prize in accordance to our instructions provided on the Website. A Buyer which promotes a Contest acknowledges and agrees that it is solely responsible for the operation and promotion of the Contest and warrants that it will comply with all applicable laws in respect of the operation and promotion of the Contest. We have no liability for loss suffered by a User in connection with a Contest including but not limited to loss suffered (or penalties imposed) in connection with a contravention of law.B. Entrants may submit their entries in image formats as specified on the Website. All entries must comply with the Contest Brief and must not infringe any Intellectual Property Rights. Any entry which infringes any Intellectual Property Rights will be an ineligible entry and subject to removal either by the Buyer or us and subject to action as per our Copyright Infringement Policy.C. Buyers can promote either: (1) a regular prepaid Contest, under which a Buyer may select one or more winning Entrant(s) or Buyers may request that the Contest Prize be refunded to them if a winner has not been chosen within 30 days of the contest closing date; or (2) a guaranteed Contest, under which a Buyer may select one or more winning Seller(s) and if no winner is selected, we will release the Contest Prize to Entrants of the guaranteed Contest and charge the appropriate fees and the Buyer will have no rights to have the Contest Prize released to them or to use any entries that have been submitted. After 30 days of the contest closing date, we reserve the right to distribute the contest prize to the participating freelancers. However, In rare cases, We have a right to refund the money associated with a Guaranteed Contest if we find that the Contest didn’t get any appropriate entries.D. After awarding a Contest Prize, the Buyer and winning Entrant(s) will enter into a Contest Handover and when the winning Entrant(s) has uploaded the winning entry (including all related files) to the Buyer, the Contest Prize will be released to the winner of the Contest unless disputed by the Buyer in which case the dispute must be resolved between the Buyer and winning Entrant(s) before we can release the Contest Prize to the winning Entrant(s).E. Close relatives, friends and family members of the Contest host are not allowed to participate in the Contest.F. Charges paid for add ons like “FEATURED”, “TOP CONTEST”, “URGENT”, “SEALED” etc are NON REFUNDABLE charges and they will not be refunded to the user under any circumstances.G. For avoidance of doubt, the Buyer has no right or license to use any entries other than the winning entry/entries. The Buyer may not: (1) promote a Contest via the Website if the Buyer is hosting a similar contest through another service; (2) allow or request Sellers to submit entries to the Buyer via other means than the Website; and (3) award another Account that might be deemed as collusion or awarding another Account owned by the Buyer.
11. OFFERS, CASHBACKS AND CREDITS
- All cashback and promotional offers are non-encashable, not extendable and non-negotiable.B. Promotions and Cashbacks are applicable only once per unique service during the offer period.C. Promotions and Cashbacks are limited to a maximum of INR 499 if not explicitly mentioned in the Offer details.D. In cases where the services/project are not delivered due to any reason or refunded, the buyer will not be eligible for cashback.E. ODeskWork Credits can only be used to a maximum of 10% of the payment amount if not explicitly mentioned in the Offer Details.F. ODeskWork reserves the rights to cancel/withdraw any offer or promotion at it’s sole discretion.
12. MISCELLANEOUS TERMS AND CONDITIONS
- Compliance with Law. You are responsible for compliance with applicable Indian laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.B. Modification and Waiver. ODeskWork will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of ODeskWork. No delay or omission by ODeskWork in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.C. Severability. If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.D. Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of ODeskWork, and any attempt to do so will be null and void. ODeskWork may assign these Terms of Service in its sole discretion.E. Force Majeure. Except for the payment of fees to ODeskWork, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.F. Notice. All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to our addresses or to such other address as any party shall designate by notice in writing.G. You are responsible for paying all other fees and taxes associated with the funds your earn by the use of ODeskWork wherever levied (including withholding tax, if applicable). H. If a Freelancer/Employer doesn’t responds to a Request, ODeskWork reserves full authority to perform required Action either by automation or manually.
- From time to time, a User may ask oDeskwork to provide a physical or manually signed copy of this Agreement, a Service Contract, or an ancillary document (for example, to enable a User to withdraw payments from User’s foreign bank account). User hereby appoints oDeskwork as its agent for the limited purpose of executing documents that confirm User’s activities on the oDeskwork Platform. oDeskwork will act on User’s behalf and in a clerical capacity, without in any way restricting oDeskwork’s rights or expanding oDeskwork’s obligations under this Agreement or any Service Contract. Each User appoints oDeskwork as its agent to execute an Act of Acceptance or equivalent instrument on the User’s behalf documenting payments made or to be made to Freelancers or to oDeskwork, if another User so requests.
- All oDeskwork Fees are non-refundable, whether or not Service Contracts were satisfactorily completed. oDeskwork and its licensors reserve all Proprietary Rights in and to the oDeskwork Platform. User may not use the oDeskwork Platform except as necessary for the purposes of discharging its obligations under this Agreement and any Service Contract entered into pursuant to this Agreement. oDeskwork reserves the right to withdraw, expand and otherwise change the oDeskwork Platform at any time in oDeskwork’s sole discretion. User shall not be entitled to create any “links” to the oDeskwork Platform, or “frame” or “mirror” any content contained on, or accessible through, the oDeskwork Platform, on any other server or internet-based device.
- Buyer assumes all liability for proper classification of Freelancers as independent contractors or employees based on applicable legal guidelines. This Agreement does not create a partnership or agency relationship between Client and Freelancer. Freelancer does not have authority to enter into written or oral – whether implied or express – contracts on behalf of Client. Freelancer acknowledges that oDeskwork does not, in any way, supervise, direct, or control Freelancer’s work or Services performed in any manner.
- User can Withdraw Credits when credits limit exceeds 100 or equal to it, This is a Minimum withdraw credits limit set by Admin to avoid Extra fees. After Reaching to 100 credits milestone users can send withdraw request to Admin.
- Once Odeskwork Services used by Clients by Credits or Disputed Credits can not be withdrawn or refunded and only use these credits for future purchase, hire freelancers and post new jobs.
- Client and Freelancer will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to Freelancer’s performance of Services.
- User expressly acknowledges, agrees and understands that: (i) the oDeskwork Platform is merely a Services venue where Users may act as Clients or Freelancers(Buyer or Sellers); (ii) User recognizes, acknowledges and agrees that User is not an employee of oDeskwork and that oDeskwork does not, in any way, supervise, direct, or control User’s work or Services; (iii) oDeskwork is not a party to any Service Contracts between Clients and Freelancers; (iv) oDesk shall not have any liability or obligations under or related to Service Contracts or any acts or omissions by Users; (v) oDeskwork has no control over Freelancers or over the Services promised or rendered by Freelancers; and, (vi) oDeskwork makes no representations as to the reliability, capability, or qualifications of any Freelancer or the quality, security or legality of any Services, and oDeskwork disclaims any and all liability relating thereto.
- The English and Hindi language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
- After Posting Jobs on odeskwork.com Website Admin can Review the jobs and Edit or Modified According to the policy and publish it.Employer can review it and Delete or Send Request to modify it to support@odeskwork..com. Website Admin or Website Team have Full right to Delete , edit or modify the messages, jobs, invitation or any other content that violates its policy before or after published on website.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Freelancers (Service Providers, Sellers)
- You may not offer direct payments to Clients using payment systems outside of the Odeskwork Order system.
- You may not ask to Clients their email, contact number, skype outside of the Odeskwork chat system.
- Freelancers create profile on Odeskwork to allow Clients to purchase their services.
- Freelancers may also offer Custom Offers to Clients in addition to their Service.
- If an order is cancelled (for any reason), the funds paid will be returned to the Client’s Odeskwork Balance.
- Credits are only made available for withdrawal from the Credits page following a safety clearance period of 7-14 days after the order is marked as complete. Top Rated Freelancers and Pro Freelancers are eligible to withdraw revenue/Credits following a safety clearance period of 7 days after the order/project is marked as complete.
- Freelancers may not advertise their Services or any Odeskwork content via the Google Ads platform or any other ads platform.
- Freelancers may withdraw their credits / revenues using one of Odeskwork’s withdrawal options (see Withdrawal Section below regarding payment terms).
- For security concerns, Odeskwork may temporarily disable a Freelancer’s ability to withdraw credits to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by oDeskwork Clients, or associating multiple Odeskwork accounts to a single withdrawal provider.
- The Freelancer’s rating is calculated based on the order reviews posted by Clients.
- Freelancers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Freelancers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Project price shown on the Project page is inclusive of all such taxes and charges that may apply to the Freelancers.
- Freelances & Clients have 100 credits Threshold in order to withdraw the credits from their account.
- Appointment as Limited Payment Collection Agent: Freelancers hereby appoints Odeskwork as Freelancer’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Client, and remitting those payments to Freelancers. Freelancers agrees that payment from Client to Odeskwork shall be considered the same as payment made directly to Freelancers. Client’s payment obligation to Freelancers will be satisfied upon receipt of payment by Odeskwork (or its Payment Services Provider, as applicable), and Odeskwork (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Freelancers in the manner described in these Terms of Service. In the event that Odeskwork (via Payment Services Provider) does not remit any such amounts to Freelancers, the Freelancers will have recourse only against Odeskwork and not the Client directly. Freelancers agrees that Odeskwork may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Clients that Odeskwork may deem necessary or prudent.
- Odeskwork partners with Payment Services Providers for purposes of collecting Service-related payments from Clients, transferring such payments from Clients to Freelancers, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the Odeskwork platform are performed by Odeskwork’s Payment Services Providers.
Odeskwork is all about helping Freelancers leverage their skills. We seek to empower top performing Freelancers with helpful tools to grow their business. Freelancers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Odeskwork may reward them with new statuses, special opportunities, benefits, and tools that come with it.
- Odeskwork Freelancers can gain account Levels based on their activity, performance and reputation.
- Advancement in Levels are updated periodically by an automated system.
- The current Levels a Freelancers can achieve are, Level 1, 2, and Top Rated.
- Freelancers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Freelancers status and the benefits that come with it. For example, late deliveries, warnings to the Freelancers’s account and cancellations can cause a Freelancers to move to a different Level.
Top Rated Freelancers
- Top Rated Freelancers are chosen manually by Odeskwork editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Freelancers gain access to more extensive features than previous levels.
- Top Rated eligibility is constantly evaluated by Odeskwork to ensure that the quality standards and expectations of the Top Rated selection is kept. Odeskwork retains the right to change a Top Rated Freelancers status in light of such evaluation. In addition, Top Rated Freelancers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Top Rated status and the benefits that come with it.
- Pro Freelancers are pre-verified professionals who undergo a vetting process by Odeskwork editors. Applying for Odeskwork Pro is open to everyone: professional freelancers who are new to Odeskwork, as well as existing Odeskwork Freelancers.
- Pro Freelancers eligibility is constantly evaluated by Odeskwork to ensure that the quality standards and expectations of the Pro Freelancers selection is kept. Odeskwork retains the right to change a Pro Freelancers status in light of such evaluation. In addition, Pro Freelancers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.
Clients (Buyer, Employers)
- You may not offer direct payments to Freelancer using payment systems outside of the Odeskwork Order system.
- You may not ask to Freelancers to their email, contact number, skype outside of the Odeskwork chat system.
- ODeskwork retains the right to use all publicly published delivered works for ODeskwork marketing and promotional purposes.
- Clients pay Odeskwork to create an order from a Freelancers’s Project page or Custom Offer, using the Submit-Project button. Odeskwork partners with Payment Services Providers for purposes of collecting Service-related payments from Clients, transferring such payments from Clients to Freelancers, and holding funds in connection with Odeskwork Credits or Balances. All payments services in connection with the collection of funds on the Odeskwork platform are performed by Odeskwork’s Payment Services Providers.
- Odeskwork serves as Freelancer’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Client, and remitting those payments to Freelancers. Client’s payment obligation to Freelancers will be satisfied upon receipt of payment by Odeskwork (or its Payment Services Provider, as applicable), and Odeskwork (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Freelancers in the manner described in these Terms of Service. In the event that Odeskwork (via Payment Services Provider) does not remit any such amounts to Freelancers, the Freelancers will have recourse only against Odeskwork and not the Client directly.
- In addition Clients can request a Custom Order which addresses specific Client requirements, and receive a Custom Offer from Freelancers through the site or through Odeskwork Anywhere.
- In most locations, Projects may be purchased on Odeskwork by using one of the following payment methods: PayPal, Credit Card , Odeskwork Credits or existing Odeskwork Credits Balance. Additional payment methods may apply in certain locations.
- Service fees or any other fee can be added at the time of purchase .
- Your existing Odeskwork Credit Balance will be automatically applied to your next purchase.
- You may not offer Freelancers to pay, or make payment using any method other than through the Odeskwork.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
- By using any payment method and/or providing payment details for making purchases on Odeskwork, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Odeskwork; and (d) such actions do not violate any applicable law.
- Clients may pay on Odeskwork in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the Order page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by Odeskwork’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the Order.
- Clients should note that the Service’ pricing is derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Clients always have the option to pay in US$ by changing their selected displayed currency.
- If you paid for an Order in a currency other than US$ and your Order was later cancelled for any reason, the amount returned to your Odeskwork Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
- Your Odeskwork Credit Balance is always valued in US$, even if it is displayed in a non-US$ currency.
Work Services or Product
Proprietary Rights in Work Product shall be owned by Service Provider (Freelancer) until payment has been made by Buyer(Client), at which time Freelancer will be deemed to have assigned all Proprietary Rights in the Work Product to Client. Client has complete and sole discretion whether and how much to pay; however, if Client does not pay in full, Freelancer may terminate the Service Contract by refunding any partial payment, and Freelancer will retain Proprietary Rights in Work Product. To the extent that under applicable law, Proprietary Rights cannot be assigned, Freelancer hereby irrevocably agrees to grant, and hereby grants, to Client an exclusive (excluding also Freelancer), perpetual, irrevocable, unlimited, worldwide, fully paid, and unconditional license to use and commercialize Work Product in any manner now known or in the future discovered.Freelancer hereby irrevocably agrees to grant, and hereby grants, to Client, such rights as Client reasonably requests in order to acquire, as close as possible, all rights equivalent to full legal ownership. In order to ensure that Client will be able to acquire, perfect and use such Proprietary Rights and any other rights that may be known as or referred to as “moral rights” (collectively “Moral Rights”) or other inalienable rights to Work Product/Services or Confidential Information under this Agreement, Freelancer irrevocably agrees to waive, and hereby waives, all such rights, or, to the extent Freelancer cannot waive such rights, Freelancer agrees not to exercise such rights, until Freelancer has provided prior written notice to Client and then only in accordance with any reasonable instructions that Client issues in the interest of protecting its rights.
Freelancer shall ensure that no Work Services or Product created or delivered by Freelancer includes any technology , pre-existing software, or other intellectual property, whether such pre-existing intellectual property is owned by Freelancer or a third party including, without limitation, code written by proprietary software companies or developers in the open source community (collectively “Pre-existing intellectual property”) without obtaining the prior written consent of the Client to the inclusion of such Pre-existing IP in the Work Product.
- Clients may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the project price shown on the Project page.
- Clients agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
- oDeskwork shall have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to Freelancer Fees. Instead, Freelancer shall be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Freelancer Fees and for issuing any invoices so required. Freelancer shall also be solely responsible for: (a) determining whether Freelancer or oDeskwork is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Freelancer Fees, and remitting any such taxes or charges to the appropriate authorities on behalf of itself or oDeskwork, as appropriate; and (b) determining whether oDeskwork is required by applicable law to withhold any amount of the Freelancer Fees, notifying oDeskwork of any such requirement and indemnifying oDeskwork (either by permitting oDeskwork to offset the relevant amount against a future payment of Freelancer Fees or by refunding to oDeskwork the relevant amount, at oDeskwork’s sole discretion) for any requirement to pay any withholding amount to the appropriate authorities. oDeskwork shall have the right, but not the obligation, to audit and monitor Freelancer’s compliance with applicable tax laws . Further, in the event of an audit of oDeskwork, Freelancer agrees to promptly cooperate with oDeskwork and provide copies of Freelancer’s tax returns, and other documents as may be reasonably requested for purposes of such audit.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ODESKWORK NOR ANY PERSON ASSOCIATED WITH ODESKWORK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL ODESKWORK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, ODESKWORK AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Force Majeure. odeskwork will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. odeskwork may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products/services.
Entire Agreement. This Agreement comprises the entire agreement between you and odeskwork and supersedes any prior agreements pertaining to the subject matter contained herein and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them.
Effect of Waiver. The failure of odeskwork to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the jaipur, Rajasthan. This Agreement will be governed by the laws of the State of Rajasthan without regard to its conflict of law principles to the contrary. Neither you nor odeskwork will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Rajasthan. By using this Website or ordering Products/services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. odeskwork reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and odeskwork may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated,odeskwork reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until odeskwork chooses, in its sole discretion and without advance to you, to terminate it.
Website Use. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. odeskwork may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS/SERVICES FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.