Terms of Service Last update 2 months ago
TERMS OF SERVICE
This Agreement was last revised on September 8th, 2023.
I. OUR INTRODUCTION
www.fivwork.com (“website”) welcomes you.
· “Service” or “Services” is a reference to any service defined below, which we may provide and which you may request via our Website;
· “User”, “You” and “your” denotes to the person who is visiting or accessing for taking any service from us;
· "Client", “Buyer” or “Customer” means the user that uses the www.fivwork.com Website for taking services from the Freelancer;
· "Freelancer", “Member”, “Service Provider” or “Seller” means the user that has appropriate qualifications and experience to provide listed services in the areas advertised by the Freelancer on the www.fivwork.com Website, to provide services to the Client;
· “We”, “us”, “our” and “Company” are references to Fivwork.com;
· “Website” shall mean and include "https://www.fivwork.com; mobile application and any successor Website or mobile application of the Company or any of its affiliates
· “User Account” shall mean an electronic account opened by the user with the Platform to avail services offered through the Website;
· All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
· Words importing any gender shall include all the other genders.
· Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
· All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.
IV. COMMITMENT AND SCOPE
· Scope. These Terms govern your use of Mobile Application, Website, and Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
· Eligibility: Our service is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.
· Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communication from us electronically in the same format and you can keep copies of these communications for your records.
V. OUR SERVICES
Fivwork is a meticulously designed online Indian freelance services marketplace for freelancers and business owners. The company provides a platform for freelancers to offer their services to the customers worldwide. Through Fivwork clients can post projects and gigs, while freelancers can bid on projects, create gigs and showcase their unique talent and services or both clients and freelancers can do the same things like post projects, create gigs, bid on projects, send custom offers vise versa.
Here at www.fivwork.com, we provide a user-friendly platform for freelancers and Clients. This website allows freelancers to get to register and sell their digital services to clients. Freelancers can sell their services either hourly or at a fixed or custom price, as per the need of the client.
VI. HOW IT WORKS
FOR BUYER OR CLIENT
1. IDENTIFYING A PROFESSIONAL/FREELANCER OF YOUR NEED: You can compare prices, delivery time, and reviews to find a freelancer that best suits your needs. If you have a specific question, you can ask it from the freelancer. You can also post a request directly to any freelancer.
2. SUBMIT YOUR DETAILS: Give all the details regarding your requirements to the freelancer (seller), so that the freelancer can provide you with the quality service that you are expecting. Your payment is held secure until you confirm that the service is performed to your satisfaction.
3. PROPOSAL/SERVICE DELIVERED: Once you are happy with the service performed &amp;amp;amp;amp;amp;amp;amp;amp;amp; delivered, you can mark the transaction complete, and we'll make sure that the seller gets paid. Help the community by leaving feedback for the freelancer.
4. REQUEST FOR MODIFICATION: If for some reason you are not satisfied with the work delivered, you can go ahead and request for modification, and your seller will do the requested modifications.
5. RATE YOUR SELLER: Once completed, please rate and provide feedback about your seller. This will help inform the decisions of other buyers looking through proposals/services/gigs.
1. APPLY FOR A PROPOSAL/SERVICE: Be as specific as possible so your potential clients know exactly what they are getting for the money they are willing to pay.
2. COMMUNICATE PROMPTLY: Respond to customer inquiries, as well as requests for custom offers, within a reasonable time. Good communication is a prerequisite for successful cooperation.
3. BUILD YOUR REPUTATION: Make sure you treat all of your customers the same and try to provide the best possible service regardless of the transaction value. Satisfied customers will recommend you to their friends.
4. PRECISE DELIVERY DATES: Try as much as possible to deliver orders withing pre-specified delivery dates. Buyers tend to cancel once an order passes the delivery date. Not good for business.
VII. MODIFICATIONS TO THE SERVICE
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to our Website. However, users are requested to visit the site regularly to see the updates. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.
If you access this Website anonymously, you will not be required to create a user name. But, to access certain Resources, you may be required to provide specific information and to create a user ID and password to establish an account. For creating a user profile, we need some basic information like your name, date of birth, email id, etc. After which you get access to jobs and other benefits that come with your Fivwork.com account.
You agree that the information you provide in connection to establishing an account is accurate and that you will keep your information up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
Once the account is activated membership is for life. Unless action is taken by us for when you breach the terms and conditions for using the services.
IX. SCAMMING, SPAMMING, OR MISLEADING USERS
We believe Fivwork.com should stay a clean place and we work hard to make it reliable and useful to both, Clients and Freelancers. Therefore, we do not tolerate any illegal activities, scam, spam, or trying to mislead other users to gain an advantage, get free work, or ask others to perform actions that are not legal. We monitor many things in the backend and as soon as we notice strange behavior, we put such accounts on hold and contact the owner. In cases where we are 100% a user has tried to perform an illegal activity; we will immediately terminate such account.
X. USER SUBMISSION
A. Content Responsibility.
When you use www.fivwork.com you agree to adhere to the content guidelines listed in our terms of services and privacy policies. You are solely responsible for the content submitted by you.
Please do not use content that:
contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims
violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law
violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance
sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects
Information or data which are unlawfully obtained
Any such submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to our services without advanced notice.
XI. PAYMENT AND ASSIGNING OF JOBS
· All the payment on this website shall be governed by our Terms and Conditions.
· The client can select the Freelancer from the list of freelancers for assigning the job.
· Each service fee for a job will be stated to the Client before the start of Job.
· Any order for purchasing any service from this website is between Client and Freelancer. The user agrees to take particular care when providing us with its details and warrant that these details are accurate and complete at the time of ordering.
· Payment mode shall be:
o Online: Credit Cards and Debit cards;
· Any order to purchase any service that you place with us is subject to acceptance by us. When you make your order online we will provide you an email to confirm that we have received it.
· We may refuse or be unable to process your order if:
· Your card or Paypal account does not give authorization for the payment of purchase price.
· You do not meet the eligibility to order criteria set out above.
· You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons.
· For every order, or wherever requires, we will charge “commission” as a service fee from both sellers and buyers.
· We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.
· We take user feedback very seriously and use it to constantly improve our products and quality of service.
XII. LIMITED GUARANTEE
By availing our services:
· We provide an opportunity for you to avail the offered Services from our Website;
· We do not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website is not as described, your sole remedy is to intimate us about Services for taking further action.
XIII. GEOGRAPHIC RESTRICTION
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our website is invalid where banned. With a few exceptions, everyone over the age of 18 who has an Internet connection can sign up to join. Although not all applications are approved, we're proud to support a thriving network of global freelancers. following countries are not permitted to register for sign up or utilize our platform:
· North Korea
Any other country restricted by law (this changes occasionally)
A Freelancer warrants that he/she-
(a) is of at least 18 (eighteen) years of age;
(b) has the necessary qualifications and/or experience to provide listed services specified by the Freelancer on the www.fivwork.com Website.
1. Freelancer is responsible for the prices quoted for his services on the www.fivwork.com Website.
2. Freelancer takes full responsibility for all information that he provides on the www.fivwork.com Website and must indemnify www.fivwork.com concerning any liability incurred by www.fivwork.com as a result of such information.
3. Freelancer must contact a client through the www.fivwork.com Website. Any other means of communication is prohibited.
4. Freelancers must not sell adult material to the user under 18 years of age.
5. The freelancer shall indemnify www.fivwork.com for all claims and liabilities arising out of any use by the Freelancer of the www.fivwork.com Website, including costs and expenses incurred
6. Freelancer must not be in any way abusive about a Client on the www.fivwork.com Website or any other place.
7. Freelancer is not an employee of www.fivwork.com and accepts full responsibility for all Income Tax, National Insurance, and other liabilities arising from the use of the www.fivwork.com Website.
8. All information provided by a Freelancer on the www.fivwork.com Website must be accurate and kept up-to-date. This includes the correct name, address, telephone number, and qualification/experience details. Details entered by the Freelancer on the www.fivwork.com Website will be publicly visible and may appear in search engine results.
9. The use of the www.fivwork.com Website is entirely at a Freelancer's own risk. A Freelancer must exercise complete caution when using the www.fivwork.com Website and entering into any agreements to provide services to a Client.
10.Freelancers must accept payment from the Client only through this website.
11.The details of Freelancer will be checked before it is displayed on the website. The site has the right to reject inappropriate details the Freelancer wishes to display.
1. A Client accepts that his Contract for listed services is with the Freelancer. www.fivwork.com is not a party to such a contract and is not responsible for the performance of any obligations agreed or impliedly agreed through actions between the Freelancer and Client.
2. A Client must contact a Freelancer through the www.fivwork.com Website. Any other means of communication is prohibited.
3. A Client shall pay to the Freelancer through the www.fivwork.com Website. Any other way of payment is prohibited.
4. A Client must not publish any abusive comments about a Freelancer or a Client on the www.fivwork.com Website or any other place. This includes defamatory or derogatory comments.
5. A Client cannot act as an agent to promote the services or opportunities of a company.
XV. GENERAL CONDITIONS
· We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
· We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
· The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-resalable use, subject to all the terms and conditions of this Agreement as they apply to the Service.
· You will not impersonate any other person or entity or use a false name or a name that they have no authority to use.
· You shall not post material to the www.fivwork.com Website in which the copyright or intellectual property is or may be the property of another person or body.
XVI. USER COMMITMENT AND RESPONSIBILITIES
· You shall use the Service for a lawful purpose and comply with all the applicable laws;
· You shall not upload, any content that:
o Defamatory, infringes any trademark, copyright, or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, including any sensitive information about any person.
· You shall not use or access the Website for collecting any market research for some competing business;
· You will not use any device, scraper, or any automated thing to access our Website or Mobile Application for any means without taking permission.
· You will inform us about anything that is inappropriate or you can inform us if you find something illegal;
· You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website or Mobile Application through hacking, password or data mining, or any other means;
· You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website and Mobile Application or service, without notice, and to remove any content.
XVII. SAFETY TIPS
1. Never share your password, personal information, any official identity document with anyone.
2. Never send any money to another user directly.
XVIII. EXCLUSION OF LIABILITY
Fivwork shall not be liable and responsible for the behavior of the users. And we are also not accountable for the quality of the services provided by the Freelancer on the website.
Further, Fivwork shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.fivwork.com Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Fivwork, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.
XIX. THIRD-PARTY LINKS
We may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
XXI. ERRORS, INACCURACIES, AND OMISSIONS
Every effort has been taken to ensure that the information offered on our website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
XXII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
OUR WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.
THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
XXIII. COPYRIGHT AND TRADEMARK
XXIII. COPYRIGHT AND TRADEMARK
The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.
Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.
You agree to secure, indemnify, and hold us and our officers, directors, employees, successors, licensees, and allocates harmless from and against any dues, actions, or demands, including, without restriction, judicious legal and accounting fees, arising or consequential from your breach of this Agreement or your misappropriation of the Content or the Website. We shall make available notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
Term. If any user of Fivwork.com are found to be communicated on any other means except our inbuilt internal chat system, the services provided to you or any kind of contract going on on this platform, can be canceled or terminated by us without any notice. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.
GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed under the laws of India without giving effect to any principles of conflicts of law. The courts of India shall have exclusive jurisdiction over any dispute arising from the use of the Website.
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.
If you have any questions about these Terms, please contact us at email@example.com