Terms and conditions

 

  1. The Workiton User Agreement is a contract between the User and the Workiton.com.  You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.workiton.com and related software and services. Workiton.com may amend this Agreement at any time by posting a revised version.
  2. YOU UNDERSTAND THAT BY CHECKING THE BOX AND CLICKING THE “SUBMIT” BUTTON, OR BY USING THE Worktion PLATFORM, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE Workiton PLATFORM. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY.
  3. You Must Keep Your Email Address Current With Us. In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Site or by contacting Customer Support
  4. Account Eligibility – To use certain Site Services, you must register for an Account. To register for an Account, you must be a legal entity or an individual 18 years or older who can form legally binding contracts. When you register for an Account, you also must agree to the terms of this Agreement. By registering for an Account, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described on the Site; (b) be financially responsible for your use of the Site and the purchase and/or delivery of Freelancer Services; and (c) perform your obligations as specified by any Service Contract that you accept, unless such obligations are prohibited by applicable law or this Agreement. Workiton.com reserves the right, in our sole discretion, to refuse, suspend, or terminate your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or otherwise violates this Agreement, or for any other reason or no reason inWorkiton.com`s sole discretion.
  5. To create an expert profile, you must be a citizen of one the listed countries. If you are citizen of another country, you cannot register for an expert. If you still register for an expert Account using another country and make payment, your money will be refunded and your account will be suspended.

6.       Account Registration – You agree to provide true, accurate, and complete information on all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You must not provide misleading information about your location.

7.       Identity Verification – When you register for an Account and from time to time thereafter, your Account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity. You authorize Workiton.com, 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 us information about you and your business when requested is a violation of this Agreement.

8.      Usernames and Passwords – When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password.

  1. Feedback and ratings – com encourages you to leave objective balanced feedback about Users with whom you have transacted. You acknowledge and agree that the Site contains public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that Workiton.com may calculate a composite feedback number based on these individual ratings. Experts agree to be rated by Clients. Workiton.com provides its feedback and rating system as a means through which Users can express their opinions publicly, and Workiton.com does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless an User brings the posting to Workiton.com’s attention. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. By law, Workiton.com is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable.

10.  Purpose of the site and site policies – The Site is a marketplace where Clients and Experts can identify each other and buy and sell Consultation Services online. Subject to the terms of this Agreement, Workiton.com provides the Site Services to Clients and Freelancers, including hosting and maintaining the Site, enabling reservation system, chat system and payment system. Workiton.com is not responsible for the quality of the consultations given by the experts. Workiton.com does not monitor the consultations unless an User requests a consulation to be reviewed.

  1. Payments and fees :
    1. In order to use certain Site Services, User must provide account information for at least one valid Payment Method. The Site makes the following methods of payment available:  Client hereby authorizes Workiton.com to store and charge the provided PayPal account.
    2. By providing Payment Method information through the Site, Client represents, warrants, and covenants that: (a) Client is legally authorized to provide such information to us; (b) Client is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law. When Client authorizes a payment using a Payment Method via the Site, Client represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means. We reserve the right to seek reimbursement from you, and you will reimburse us, if we discover erroneous or duplicate transactions or we receive a chargeback from your Payment Method for any reason. You agree that we have the right to obtain such reimbursement by deducting amounts from future payments or withdrawals, charging your Payment Method(s), or obtaining reimbursement from you by any other lawful means. Without limiting any of our other rights or remedies, we may terminate your Account immediately upon your failure to reimburse us for chargebacks or other amounts owed under this Agreement.
    3. All prices are set individually by the expert. The expert can modify the price based on the consultation requested.  All prices are in $ and are set per hour. To all prices, Workiton.com automatically adds a commision fee of 20%.
    4. com does not introduce Clients to Experts and does not help Experts find Clients. Workiton.com merely makes the Site Services available to enable Experts to do so themselves. Therefore, Workiton.com does not charge a fee when an Expert finds a suitable Client. However, Client and a Expert are obligated to use the Site to pay and receive payment for their work together if they identified each other through the Site.
    5. The Expert receives the payment for consultation only upon its successful completion. If the consultation has been reported by the Client as unsatisfactory and Workiton.com claims is unsatisfactory after review, then the Expert will not receive any payment.
    6. The Client can request refund of the paid price only before the consultation is completed. If the Client is not satisfied with the current consultation, the Client can press report button and end the consultation. Once the consultation has been completed without any problem being reported, the Client cannot claim refund.
    7. All payments are stored temporarily in a PayPal account hold by Workiton.com

12.  Relationship with Workiton.com – Workiton.com is not a party to the communication between Client and Expert. Workiton.com does not introduce Experts to Clients or help Experts find Clients. Workiton.com merely makes the Site Services available to enable Experts to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Experts for themselves. Workiton.com does not, in any way, supervise, direct, or control Expert. Workiton.com does not set Expert’s work hours and location of work, nor is Workiton.com involved in determining of the prices for consultation. Workiton.com will not provide Experts with training or any equipment, labor, or materials needed for a particular Consutlation. Workiton.com makes no representations about, and does not guarantee the quality, safety, or legality of, the Experts Services; the truth or accuracy of Experts’s listings on the Site; the qualifications, background, or identities of Users; the ability of Experts to deliver the Consultations. Workiton.com does not deduct any amount for withholding, unemployment, Social Security, or other taxes for Client or Expert; each of which is 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, and Client’s acceptance, of Freelancer Services. Workiton.com is not required to and may not verify any information given to us by Freelancers or Clients, nor does Workiton.com perform background checks on Freelancers or Clients. Workiton.com may provide information about a Freelancer or Client, such as a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that Freelancer or Client submits to Workiton.com, and Workiton.com provides such information solely for the convenience of Users and is not an introduction, endorsement, or recommendation by Workiton.com. You expressly acknowledge, agree, and understand that: (a) the Site is merely a venue where Users may act as Clients and/or Experts; (b) you are not an employee of Workiton.com and that Workiton.com does not, in any way, supervise, direct, or control Expert Services; (c) Workiton.com shall not have any liability or obligations under or related to Service Contracts or any acts or omissions by you or other Users; (d) Workiton.com has no control over Experts or the Expert Services offered or rendered by Experts; and (e) Workiton.com makes no representations as to the reliability, capability, or qualifications of any Expert or the quality, security, or legality of any Expert Services, and Workiton.com disclaims any and all liability relating thereto.

13.  Licenses and third-part content – Subject to and conditioned on compliance with this Agreement, Workiton.com grants you a limited license to access and, if you have created an Account, to use the Site for the purpose using the Site Services. You must 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 purposes other than the purposes for which it was made available. You agree not to use the Site for offering any goods or services other than Freelancer Services as permitted by this Agreement. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Site in any way for any public or commercial purpose without Workiton.com’s prior written consent. You must not use any content of the Site on any other website or in a networked computer environment for any purpose except your own viewing. You must not frame or link to the Site except as permitted in writing by Workiton.com. You must not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by applicable law. Workiton.com and our licensors retain all right, title, and interest in and to all Proprietary Rights related in and to the Site and the Site Services. Workiton.com logos and name are trademarks of Workiton.com and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated in this Agreement, nothing in this Agreement confers any license under any of Workiton.com’s or any third party’s Proprietary Rights, whether by estoppel, implication, or otherwise.

  1. User Content License – When you post User Content on the Site, you represent and warrant that you have the right, power, and authority to post that User Content and grant the licenses specified below. You further represent and warrant that by posting such User Content you will not violate third-party rights of any kind, including, without limitation, any Proprietary Rights, rights of publicity, and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such User Content and that Workiton.com may exercise the rights to your User Content granted under this Agreement without any liability or obligation for any payment. You retain all ownership rights in any User Content you post on Workiton.com. To the extent permitted by applicable law, you also grant to Workiton.com and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site and Workiton.com’s (and our successors’ and Affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, display, and perform such User Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of this Agreement, our Privacy Policy, and applicable law.

Notwithstanding the foregoing paragraph, Workiton.com will only use or disclose User Content you post to any non-public area of the Site to the extent necessary to provide Site Services to you as further described in our Privacy Policy.

The licenses to User Content granted by you in this Agreement will terminate within a commercially reasonable time after you remove or delete your User Content from the Site, except that you grant Workiton.com and our successors and Affiliates the irrevocable and perpetual license to retain and use, but not publicly display or distribute, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law.

You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a) your disclosure is gratuitous, unsolicited, and without restriction and will not place Workiton.com under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) we are free to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, Workiton.com does not waive any rights to use similar or related ideas known or developed by Workiton.com or obtained from sources other than you.

15.  Unauthorized Access and Use; Site Interference; Malicious Software – You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. You will not access the audiovisual content available on the Site for any purpose or in any manner other than streaming. You agree that you will not: (a) take any action that imposes or we believe may impose (in our sole discretion) an unreasonable or disproportionately large load on the Site’s infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of Workiton.com and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (d) bypass 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; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (g) collect or harvest any personally identifiable information, including Account names, from the Site; (h) access any content on the Site through any technology or means other than those provided or authorized by the Site; or (i) directly or indirectly, advertise or promote another website, product, or service or to solicit other Users for other websites, products, or services. Additionally, you agree that you will not post or introduce any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site or the Site software that is designed 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 other software, firmware, hardware, computer system, or network of Workiton.com or any third party.

16.  Links and applications – the Site contains links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites are owned and operated by the third parties and/or their licensors. Your access and use of third-party websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party websites. You acknowledge and agree that Workiton.com is not responsible or liable for: (a) the availability or accuracy of third-party websites; or (b) the content, advertising, or products on or available from third-party websites. You are responsible for deciding if you want to access third-party websites by clicking on a link or installing an application. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website via the Site is on an “as is” and “as available” basis without any warranty for any purpose.

17.  Confidentiality – To the extent a Client or Expert provides Confidential Information to the other, the recipient shall protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and shall: (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Expert Services for the relevant Service Contract (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use by Expert); and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Freelancer Services for the relevant Service Contract.  Client, Expert, and Workiton.com shall not publish, or cause to be published, any other party’s Confidential Information or Work Product, except as may be necessary for performance of Expert Services for a Services Contract.

  1. Warranty disclaimer – YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WORKITON.COM MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKITON.COM DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 20 (TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST WORKITON.COM WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
  2. Release – In addition to the recognition that Workiton.com is not a party to any contract between Client and Expert, you hereby release Workiton.com, our Affiliates, and our respective 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 any dispute you have with another User, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Expert Services provided to Client by a Expert and requests for refunds based upon disputes.
  3. Term and termination – This Agreement will become effective upon your first visit to the Site and will remain in effect for the duration of your use of the Site. Unless both you and Workiton.com agree otherwise in writing, either of us may terminate the contract represented by this Agreement in our sole discretion, at any time, without explanation, upon written notice. In the event you properly terminate this Agreement, your Account is automatically terminated. Without limiting any other provisions of this Agreement, the termination of this Agreement for any reason will not release you, any Member with whom you have entered into a Member Contract, or Workiton.com from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those Site Policies necessary to implement the foregoing survive termination of this Agreement for any reason.

Without limiting Workiton.com’s other remedies, we may issue a warning or temporarily suspend, indefinitely suspend, or terminate your User access, Account, or a Consultation, and refuse to provide any or all Site Services to you if: (a) you breach the letter or spirit of any terms and conditions of this Agreement, other parts of the Terms of Service, or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site; (b) we suspect or become aware that you have provided false or misleading information to us; or (c) we believe, in our sole discretion, that your actions may cause legal liability for you, our Members, or Workiton.com or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit activity. Once your Account is indefinitely suspended or terminated, you must not continue to use the Site under the same Account or a different Account or reregister under a new Account without Workiton.com’s prior written consent.

Without limiting Workiton.com’s other remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce fees owed Workiton.com or our Affiliates under this Agreement, you must pay Workiton.com for all fees owed to Workiton.com and our Affiliates and reimburse Workiton.com for all losses and costs (including any and all time of Workiton.com’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.

We will notify you if we cancel your Account, unless we believe, in our sole judgment, that giving notice may cause further violation or damages. However, we will notify you that your Account will be canceled if applicable law requires such notification. When your Account is terminated for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site.

21. Enforcement of Agreement and Policies – Workiton.com has the right, but not the obligation, to suspend or terminate your access to the Site and Site Services if we believe 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 Workiton.com’s other remedies, we may suspend or terminate your Account, use self-help in connection with our rights to reclaim funds, and refuse to provide any further access to the Site or the Services to you if (a) you breach any terms and conditions of this Agreement or other Terms of Service; (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, other Users, or Workiton.com. Once we suspend or terminate your Account, you may not access any parts of the Site, including data, messages, files, and other material saved on the Site and you may not continue to use the Site under a different Account or reregister under a new Account. If you attempt to use the Site 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 owed by you to the extent permitted by applicable law. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Workiton.com will have no liability whatsoever.

  1. Refund policies :
    1. the Client can request refund in the following cases:
      1. The Expert is present in the chat room but does not show any activity: the Expert is not answering
      2. The Expert is not talking about the arranged topic (not applicable for video/audio consultation)
  • The Expert is using offensive language
  1. The Client will not be refunded in the following cases:
    1. The Expert has not demonstrated enough knowledge. Workiton.com is not responsible for the quality of the consultations.
    2. The User has lost connection to the service
  • The Workiton team has reviewed the reported problem and considered it irrelevant
  1. The User can request refund only before the completion of the consultation. Once the consultation has been terminated, any refund queries will be taken into account. The user can request refund by pressing the Report button available in the chat room.
  2. com will refund the 90% of the amount paid in case the refund query has been approved.

23.  Dispute Process – If a dispute arises between you and Workiton.com or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Before serving a demand for arbitration of a Claim, or otherwise seeking injunctive or other equitable relief in a court of law as expressly permitted in this Agreement, you agree to first notify Workiton.com of the Claim at sales@workiton.com and seek informal resolution of the Claim. The Notice must include your name, pertinent account information, a brief description of the Claim, and your contact information, so that we may evaluate the Claim and attempt to informally resolve the Claim. Workiton.com will have 60 days from the date of its receipt of the Notice to informally resolve the Claim, which, if successful, will avoid the need for further action.

  1. Force Majeure – The parties to this Agreement will not 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 will be extended by the period of such delay. Irrespective of any extension of time, if an Event of Force Majeure occurs and its effect continues for a period of 60 days, either the party may give to the other a 30-day notice of termination. If, at the end of the 30 day period, the effect of the Force Majeure continues, the Contract shall terminate.
  2. Prevailing Language and Location – The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in Bulgaria. Workcom makes no representations that the Site is appropriate or available for use in other locations. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving Bulgaria origin products, including services or software.
  3. Contacts – sales@workiton.com; Ruzha street 43, fl.5 , ap.10, postal code 9000, Varna, Bulgaria; +359885029250