We reserve the right to revise this Agreement and all linked content from time to time, in our sole discretion by updating this posting or any linked content. Unless otherwise indicated in a relevant revised version, the revised version shall enter into force immediately when posted.
In This User Agreement the following capitalized terms have the following definitions:
"Account" means the account you open when you register on the Website.
"Bids" means quotations for the amount or hourly rate that freelancers would charge hiring Buyers in order to perform the job/task requested.
"Buyer" means an individual or company seeking to hire someone for a fixed duration job/project and purchasing Freelancer Services or items from Freelancers or identifying a Freelancer through the Website.
"Dispute Resolution" means the process to be followed by Buyers and Freelancers in accordance with the Dispute Resolution Section below.
"Freelancer" means a User that offers and provides services or identifies as a Freelancer through the Website.
"Freelancer Services" means all services provided by Freelancers.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
"Milestone Payment" means a prepayment and/or postpayment made by the Buyer for the provision of Freelancer Services under the Agreement.
"User", "you" or "your" means an individual or company who visits or uses the Website.
"User Contract" means this User Agreement; any other contractual provisions accepted by both the Freelancer and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement; and the project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement.
"We", "our", or "us" means EasyWork.
EasyWork is an online marketplace. Through the Website we gather information received from Buyers who post jobs, negotiate, receive services and manage transactions with Freelancers. EasyWork provide other related services in connection with Buyer’s and Freelancer’s relationships, including, without limitation, hosting and maintaining the Website, enabling the formation of contracts between Freelancers and Buyers, coordinating disputes (jointly hereinafter referred to as the “Services”). By using the Website, a Freelancer may browse through job posts, make offers, Bids and receive jobs with our Services. EasyWork is not an owner or operator of job posts, Bids and other content listed on the Website by a Buyer or Freelancer, unless otherwise directly stated on the Website. EasyWork does not own, post, amend, offer, provide, manage and/or control job posts, Bids, offers and other content listed on the Website by a Buyer or Freelancer. On our Website a Buyer and Freelancer enter into a direct (legally binding) contractual relationship with each other.
The job description, estimated budgets contained in the job posts are based solely on the information provided by Buyers. We do not verify any information provided by Buyers and Freelancers and cannot guarantee that all information is accurate, complete and correct, nor can we be held liable for any errors, omission, interruptions (whether due to any breakdown, repair, upgrade or maintenance of our Website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Buyer and Freelancer remains responsible at all times for the accuracy, completeness and correctness of any and all information displayed on our Website.
THIS WEBSITE DOES NOT CONSTITUTE AND SHALL NOT BE REGARDED AS A RECOMMENDATION OR ENDORSEMENT OF THE QUALITY, SERVICE LEVEL, QUALIFICATION OF OFFER, PROFILE, JOB DESCRIPTION DISPLAYED ON THE WEBSITE.
NOTHING ON THIS WEBSITE IS INTENDED TO BE NOR SHOULD BE CONSTRUED AS AN OFFER TO ENTER INTO A CONTRACTUAL RELATIONSHIP WITH A BUYER OR FREELANCER, OR ANYONE ELSE, EXCEPT FOR THIS AGREEMENT WHICH GOVERNS THE RELATIONSHIP BETWEEN US IN RELATION TO YOUR USE OF THE WEBSITE.
IF YOU MAKE A CONTRACT WITH A THIRD PARTY WHO IS NAMED OR REFERRED TO ON THIS WEBSITE, IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE TERMS OF THAT CONTRACT ARE ACCEPTABLE TO YOU AND TO TAKE LEGAL ADVICE IF NECESSARY.
In order to post jobs, submit proposals, access other features and use our Services, Users have to register for an Account. You can register for an Account if you provide true, accurate and complete information about you, and keep your Account information updated to maintain its truthfulness, accuracy and completeness. Both Buyer and Freelancer undergo the same account registration process.
Users shall be responsible for security of their Account on the Website and keep their username and password confidential. You shall be solely responsible for any actions (and their consequences) in and with Services through your account including any transactions made through your Account.
Each User shall have only one personal Account. Users cannot have more than one Account, however User may use its Account as a Buyer and/or Freelancer.
Users may provide a business name or a company name, which is to be associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register a person or legal entity as a User.
During registration, you will be asked to choose a username and password for the Account. As a User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username, password and security questions and answers you use to access this Website. You authorize EasyWork to assume that any person using the Website with your username, password and/or security questions and answers is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
If you violate the letter or spirit of this Agreement, or otherwise create risk and/or possible legal exposure for us, we reserve our right to suspend the delivery of the Services in all or part to you. We reserve the right to suspend, terminate or delete your account at any time at our sole discretion if we deem in our absolute discretion that you have not complied with our Agreement, Terms or policies, if we suspect you of misconduct and/or are investigating you for any suspected misconduct. In all such cases, our agreement will come to an end.
Should we disregard or ignore any breach by you of our terms or fail or delay in strictly enforcing our rights under this Agreement, such action does not constitute a waiver of our rights and we reserve our rights in this regard.
Our Website and Services are available only for independent business which covers self-employed individual/sole proprietor or any entity as legally recognized in your country of residence). When using our Website and Services, you represent and warrant that you will use the Website and
Services for business purposes only and you do not violate any licensing or registration requirements with respect to your business.
Further, you represent and warrant that you will use the Website and the Services if you:
When creating the Account, User agrees to complete a relevant profile on the Website (the “Profile”). Your Profile will be visible and accessible by other Users and third parties, unless you change your privacy settings.
EasyWork takes steps to identify our Users and verify whether they are who they say they are. We may ask Users for the following information:
If we have any doubts about the User’s identity, EasyWork requests additional documents and/or terminates any deals with such user. When requested, you must provide us with information about you, your business and confirm your financial accounts, subject to applicable law.
Upon registration of the Buyer account on the Website, the Buyer may use certain available features of the Website applicable to the Buyer. In particular, without limitation, the Buyer has the right to:
Buyers cannot hire Freelancers if such Freelancer does not have a valid payment method.
Upon registration of the Freelancer account on the Website, the Freelancer may use certain available features of the Website applicable to the Freelancer. In particular, without limitation, the Freelancer has the right to:
EasyWork is committed to maintain the Website as a safe, fair and informative marketplace for the Users. We take care in providing fair ratings and information about our Users. We expect you to follow our rules when you post feedback and communicate with our Users.
When the job is completed and the Freelancer has been paid by the Buyer, both Buyer and Freelancer may submit their feedback. Both parties are asked to provide qualitative feedback and a rating from 1-5 for the other party. This rating influences each User's ranking on Website.
The Users should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to us.
By submitting the feedback, you grant EasyWork the full, perpetual, free, transferable and irrevocable rights to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display and perform, transmit, stream, broadcast, access, view and otherwise exploit submitted user content, including your name, on, through, by means of or to promote or market on the Website. You represent and warrant that neither the content nor your posting, uploading, publication, submission or transmittal of the content or use of the content of EasyWork (or any portion thereof) on, through or by means of the Website and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
In order to protect the User’s rights and establish fair and informative marketplace for Users, EasyWork reserves the right, but is not obliged to:
If you become aware that someone posted a negative or fake feedback about you and/or under your username, you should notify us in writing by providing evidence to support your claim. If you do not do so, EasyWork may rely on the accuracy of such information.
By submitting your feedback, the User shall be aware that the User shall be legally liable for the feedback submitted, including, without limitation, for damages suffered by other Users or third parties as a result of such feedback. EasyWork does not review and/monitor such feedback and is not legally responsible for any feedback posted on the Website.
Based on feedback results, comments, ratings, indicators of User satisfaction, and other components reasonably related to the ratings, EasyWork will post your Job Success Score which will be available to other Users. Your Job Success Score relates only to the business advertised in the Freelancer Profile and not to any individual person. You agree not to use the Job Success Score to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
You acknowledge and agree that a substantial portion of the compensation EasyWork receives for making the Website available to you are the Fees described in the subsection titled “Fees” above. You further acknowledge and agree that Website only collects Fees when a Buyer and a Freelancer pay and receive payment through the Website. Therefore, in consideration for our making the Website available to you, for 24 months from the time you identify or are identified by any party through the Website (the “Non-Circumvention Period”), you must use the Website as your exclusive method to request, make, and receive all payments for any services directly or indirectly provided to or received from that party or arising out of your relationship with that party (the “EasyWork Relationship”). You agree not to circumvent the Payment Methods offered by the Website. By way of illustration and not in limitation of the foregoing, you must not:
You agree to notify us immediately if another person improperly contacts you or suggests making or receiving payments outside of the Website. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a report by sending us an email at firstname.lastname@example.org.
If the Buyer intends to use the services of the Freelancer outside of the Website, he/she may do so only if the Buyer obtained a prior written consent of EasyWork and obtained a relevant opt-out fee. To obtain the consent of EasyWork and pay opt-out fee, please contact us at email@example.com.
Except for the jobs posted by EasyWork, any contractual relationships on the Website are between the Buyer and Freelancer. When the Freelancer enters into contractual relationships with the Buyer, the Freelancer agrees on the terms and conditions set out below.
The Freelancer undertakes to provide the services as agreed with the Buyer (the “Freelancer Services”), to the Buyer with the use of its best efforts, skills and abilities in performing the Freelancer Services.
The Buyer and Freelancer shall directly agree on the terms and conditions of their contractual relationships on the Website, such as, without limitation, contract terms, pay rate, work hours, deadlines, working conditions, additional Milestone Payment, etc.
The Freelancer undertakes to provide the Freelancer Services in a timely manner.
The Freelancer shall be solely responsible for paying its own operating expenses and for maintaining its own offices, equipment, tools and other items necessary for delivering Freelancer Service.
For hourly jobs, the Freelancer shall bill for the Freelancer Services performed for the Buyer on a weekly basis.
For fixed-fee jobs, the Buyer is billed immediately upon sending an offer or upon activating any additional Milestone Payment.
Unless otherwise agreed between the Buyer and Freelancer, all Freelancer Services shall be performed by the Freelancer. If agreed with the Buyer that the Freelancer may subcontract with or employ third parties, the Freelancer shall be responsible for such third parties and shall ensure that any such third parties comply with this Agreement, contractual relationships between the Buyer and Freelancer and other applicable policies of EasyWork. The Freelancer shall be solely responsible for all payments, obligations, wages, costs, unemployment insurance, workers’ compensation insurance, contributions of any third parties subcontracted or engaged by the Freelancer.
The Users understand and agree that EasyWork only provides a platform on which the Buyer and the Freelancer may use the Services. As a result, EasyWork is not a party in any relationships between the Buyer and the Freelancer.
In accordance with this Agreement, hourly jobs can be terminated by the Buyer or the Freelancer. The Freelancer agrees to send notice to the Buyer upon completion of the Freelancer Service. If agreed between the Buyer and Freelancer, the Buyer may have some time to review the Freelancer Service performed before ending the contract. Except as required by law, Buyer remains obligated to pay the Fees for any Freelancer Services provided prior to termination of the hourly job.
In accordance with this Agreement, fixed-price jobs shall be terminated by the Buyer or the Freelancer upon full completion of the Freelancer Service and with the the consent of the other party or in the event of a material breach. The Freelancer agrees to send notice to the Buyer upon completion of the Freelancer Service. If a fixed-price job is terminated, Buyer does not have the right to recover any payments already released to Freelancer from the escrow account for the Freelancer Service performed.
The Freelancer agrees to disclose to the Buyer any background technology (if any) which the Freelancer proposes to incorporate into work product or upon which use or distribution of the work product will depend. The Background technology may include all inventions developed by the Freelancer other than in the course of providing the Freelancer Service to the Buyer and all inventions that the Freelancer incorporates into work product.
Upon receipt of payment from the Buyer, the Freelancer hereby automatically grants to the Buyer a non-exclusive, perpetual, fully-paid and royalty-free, irrevocable and worldwide right, with rights to sublicense through multiple levels of sublicenses, to reproduce, make derivative works of, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, have made, use, sell, import, offer for sale, and exercise any and all present or future rights in the Background technology incorporated or used in work product.
The Buyer grants the Freelancer a limited, non-exclusive, revocable (at any time, at Buyer’s sole discretion) right to use the materials of the Buyer as necessary solely for the performance of the Freelancer Services under the contractual obligations between the Buyer and Freelancer. The Buyer reserves all other rights and interest, including, without limitation, all Intellectual Property Rights, in and to the materials of the Buyer.
Upon receipt of full payment from the Buyer, the work product, including without limitation all Intellectual Property Rights in the work product, will be the sole and exclusive property of the Buyer, and the Buyer will be deemed to be the author thereof. If the Freelancer has any Intellectual Property Rights to the work product that are not owned by the Buyer upon Freelancer’s receipt of payment from the Buyer, the Freelancer hereby automatically irrevocably assigns to the Buyer all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, the Freelancer retains no rights to use, and will not challenge the validity of the Buyer’s ownership in such Intellectual Property Rights. The Freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the work product.
If the Freelancer has any right to the work product, including without limitation any Intellectual Property Right, that cannot be assigned to the Buyer by the Freelancer, the Freelancer hereby automatically, upon the Freelancer’s receipt of full payment from Buyer, unconditionally and irrevocably grants to Buyer during the term of such rights, an exclusive, even as to the Freelancer, irrevocable, perpetual, worldwide, fully-paid and royalty-free license to such rights, with rights to sublicense through multiple levels of sublicenses, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale and exercise any and all such rights. If the Freelancer has any rights to such work product that cannot be assigned or licensed, the Freelancer hereby automatically, upon Freelancer’s receipt of payment from Buyer, unconditionally and irrevocably waives the enforcement of such rights, and all claims and causes of action of any kind against Buyer or related to Buyer’s customers, with respect to such rights, and will, at Buyer’s request and expense, consent to and join in any action to enforce such rights.
The Freelancer will assist Buyer in every way, including by signing any documents or instruments reasonably required, both during and after the term of this Agreement, to obtain and enforce Intellectual Property Rights relating to work product in all countries. In the event Buyer is unable, after reasonable effort, to secure Freelancer’s signature on any document needed in connection with the foregoing, the Freelancer hereby designates and appoints Buyer and its duly authorized officers and agents as its agent and attorney in fact to act on its behalf to further the purposes of this Section with the same legal force and effect as if executed by the Freelancer.
Notwithstanding any other provision in this Agreement, Freelancer and its employees shall be free to apply their general skills, know-how and expertise and to use, disclose and employ any generalized knowledge, techniques or skills acquired in the course of an assignment, so long as such this involves no use or disclosure of proprietary information, work product or confidential information.
EasyWork is the sole owner and lawful licensee of all rights, title and interests available on the Website as well as software required for our Services. You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other worldwide laws. All title, ownership and intellectual property rights on the Website and its content shall remain with EasyWork, our affiliates or licensors of the Website content, as the case may be. All rights not otherwise claimed under the Agreement or by EasyWork are hereby reserved.
You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks (whether registered or being under registration), service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by EasyWork or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such content or the Website, in whole or in part.
We may use services of third parties involved in the provision of the Services (e.g., the authentication and verification service providers, etc.). You may not violate proprietary rights and use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
The Website and other EasyWork’s graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of EasyWork. EasyWork’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of EasyWork.
Further, all Users agree that they will not engage in any of the following conduct:
We do not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any services or works provided by Freelancers, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users.
When interacting with Freelancers you should exercise caution and common sense to protect your intellectual property, just as you would when interacting with other persons whom you don't know.
You are solely responsible for all of your actions on the Website, including any interactions with other Users. EasyWork reserves the right, but does not have an obligation, to monitor disputes between you and other users.
Each User assumes all responsibility for all User Content that he or she posts on the Website, including, without limitation, any posting you make on the Website (the “User Content). Through your use of the Website, you acknowledge and agree that you are entirely responsible for all User Content that you post, or otherwise submit to the Website. EasyWork does not control the User Content. EasyWork does not guarantee the accuracy, integrity or quality of any User Content. You understand that by using the Website you may be exposed to the User Content that is offensive, or otherwise objectionable.
By submitting the User Content, you grant EasyWork the full, perpetual, free, transferable and irrevocable rights to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display and perform, transmit, stream, broadcast, access, view and otherwise exploit submitted user content, including your name, on, through, by means of or to promote or market on the Website.
Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Website and Services or you have all rights, licenses, consents and releases that are necessary to grant to EasyWork the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or use of the content of the Website (or any portion thereof) on, through or by means of the Website and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
When you register for an Account and from time to time thereafter, your Account will 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 us, directly or through third parties, to make any inquiries necessary to validate your identity and/or credentials and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business when requested.
The Website makes available various services provided by third parties to verify the User’s credentials, provide testing services, and provide information. Any information or content expressed or made available by these third parties or any other Users is that of the respective author(s) or distributor(s) and not of us. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Website by anyone other than authorized our employees acting in their official capacities.
Please be aware that your carrier may apply certain rates and fees when you use our Website or mobile applications with the use of your mobile and other electronic devices. You shall monitor rates and fees applied to the use of the app.
You should be aware that there are certain things that EasyWork will not take responsibility for. The display and functionality of the Website may differ from the display and functionality applied when you use the Website on your computer. Further, the app may not work at full functionality.
Through your use of the the Website you expressly and irrevocably release and forever discharge EasyWork, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, contractors, licensees, successors and assigns from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you have ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Website and its Services.
You hereby agree to indemnify and hold harmless EasyWork, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of this Agreement, (ii) Content posted on the Website, (iii) the use of the Services, by you or any person using your Account or username and password, (iv) the sale or use of the Services, or (v) any violation of any rights of a third party.
In no event shall EasyWork be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Website, the Services or any content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services.
This Agreement will remain in full force and effect while you use the Website or Services.
We reserve the right to restrict your access, temporarily or indefinitely block your Account, stop any jobs you have in progress, warn other Buyers or/and Freelancers, Team Members of your actions or issue you a warning if:
(c) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or us or our affiliates; may be contrary to the interests of the Website or the User community; or may involve illicit activity.
Once your Account is suspended or closed, you must not continue to use the Website under the same Account or a different Account or reregister under a new Account without our prior written consent. Without limiting our other remedies, if you engage in actions or activities that circumvent the Website or otherwise reduce Fees owed to us or our affiliates under this Agreement, you must pay us for all fees owed to us and our affiliates and reimburse us for all losses and costs (including any and all time incurred by employees of us or our Affiliates) 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.
Any terms of this Agreement that may survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to back up all Content from your Account prior to termination. When your Account is terminated, we will automatically remove all Content posted to your Account.
EasyWork reserves the right, at its sole discretion, to eliminate, modify or replace any of the terms of this Agreement at any time. If an alteration constitutes a material change to the Agreement, EasyWork will notify Users by posting an announcement on the Website. EasyWork will determine what constitutes a material change in its sole discretion. Users are solely responsible for reviewing and becoming familiar with any modifications to the Agreement. Using any service or viewing any content following notification of a material change to the Agreement shall constitute your acceptance of the revised Agreement.
In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and other communications, in writing. To facilitate your use of the Website, you give us permission to provide these records to you electronically instead of in paper form.
By registering for an Account, you consent to electronically receive and access, via email or the Website, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via Postal Service and other third-party mail services using the address under which your Account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Website and the Services, and you will no longer be permitted to use the Website or the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
This Agreement shall be governed by and construed in accordance with Danish law. Any dispute arising out of or relating to this Agreement shall be settled in accordance with the rules of procedure adopted by Danish Arbitration and in force.
Notwithstanding the specified agreement on jurisdiction, the User and EasyWork shall, if any dispute arises, attempt to settle it by mutual negotiations.
If any dispute arises out of or relating to this Agreement, the User shall attempt to settle it by way of negotiations. To initiate the negotiation a User shall give notice in writing to EasyWork to the dispute requesting a negotiation. The User will explain in reasonable detail its basis for dispute. We will review your notice within 14 (fourteen) calendar days and provide you with the answer.
Nothing in this Agreement shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee or any other relations not directly stated in this Agreement.
If any provision of this Agreement is held to be invalid, non-binding or unenforceable, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of this Agreement.
This Agreement constitute the entire and exclusive understanding and agreement between you and EasyWork regarding the Website and Services.
You may not assign or transfer this Agreement, by operation of law or otherwise, without prior written consent of EasyWork. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. EasyWork may assign or transfer this Agreement, in its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
The failure of EasyWork to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EasyWork. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
For your convenience, this Agreement may be translated to several languages. Such translation is provided for convenience only. In case of any discrepancy between English language version and translated versions, English language version shall prevail.
EasyWork may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a legal action, and EasyWork shall not be liable for damages or results thereof and User agrees not to bring any action or claim against EasyWork for such disclosure.
These Terms are the integral part of the User Agreement of EasyWork. All capitalized terms used in the Terms have the same meaning ascribed to them in the User Agreement unless specified herein.
We will use our reasonable endeavors to maintain EasyWork as a safe, fair and informative Website. All Users of the Website and our Services irrecoverably and unconditionally agree that they will not engage in any act or omission, that directly and/or indirectly constitutes or may directly and/or indirectly constitute:
Further, all Users agree that they will not engage in any of the following conduct:
We reserve the right to suspend or stop providing the Services to you at any time at our sole discretion if we deem in our absolute discretion that you have not complied with our Terms, User Agreement or other policies, and/or if we suspect you of misconduct, and/or are investigating you for any suspected misconduct.
When posting jobs, leaving your feedback and otherwise communicating with Users, please follow these basics:
EasyWork reserves the right to:
This Website may contain links to sites operated by parties other than EasyWork. Such links are provided for your reference only and shall not be construed to imply, an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by EasyWork of any information, materials, products or services contained in third party websites. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites.
EasyWork has a policy of respecting the rights of other people and we expect our users to abide by this policy. Users accept and agree that they will not infringe upon third party rights by:
EasyWork may display content that it does not own, and where this is the case this content is the sole responsibility of the entity that makes it available.
If you violate any provision of these Terms, or otherwise create risk and/or possible legal exposure for us, we reserve our right, but do not assume the obligation, to investigate any breach of these Terms and suspend the delivery of the Services in all or part to you. We will notify you by email or at the next time you attempt to access your account. We may also delete your account. In all such cases, our agreement will come to an end.
Should we disregard or ignore any breach by you of our Terms or fail or delay in strictly enforcing our rights under these Terms, such action does not constitute a waiver of our rights and we reserve our rights in this regard.
We may report any illegal act to the relevant law enforcement authorities. We also demand our Users to immediately report to EasyWork if you become aware of any violation of the Terms, or any applicable laws. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.
Providing personal data is an act of trust and it is taken seriously. Unless given consent to do otherwise and/or otherwise permissible by and/or required by law, EasyWork will only collect and use personal data as set out below.
Personal data that may be requested or provided by you includes, but is not limited to:
Personal data may be collected (and combined) if you:
Personal data is requested in order to facilitate or provide you with certain content, products or services, and information about such content, products or services. You are not obliged to provide personal data. However, failure to do so may result in EasyWork being unable to facilitate or provide you with certain content, products or services (including access to the Website), products or services information, upcoming promotion, competition, offer or event information or accept competition entries (where applicable).
As with many websites, we may also collect analytical information whenever you access or interact with the Website. Such information collected by us or third party content providers may include browser and operating system you are using, the URL or advertisement that referred you to the Website, the search terms you entered into a search engine that led you to the Website, areas within the Website that you visited, and other information commonly shared when browsers communicate with websites. We may also collect information about the location, date, time and duration of visits and which pages of a Website are most commonly accessed.
This information is generally not linked to the identity of visitors, except where a Website is accessed via links in an email we have sent or where we are able to uniquely identify the device or User accessing a Website. We use this information to improve our Services to you, to improve marketing, analytics, and site functionality.
Our Website may use and combine such passively collected anonymous information or personal data from various third party sources, to provide better Service to Website visitors and Users, customise the Website based on your preferences, compile and analyse statistics and trends, and otherwise administer and improve the Website for your use. By accessing the Website, you consent to information about you being collected, compiled and used in this way.
When a freelancer works for a client’s project, we may record information on work status and work intervals through a relevant application downloaded by the User. As such, while a freelancer is working on a client’s project, we automatically collect information about a number of mouse clicks made by the freelancer and we may record screenshots. This information is gathered when a freelancer is working with the use of the application.
Such information will be used and shared with the relevant client. The freelancer may choose to delete screenshots and work data. However, it will disable the freelancer to receive the payment for deleted work intervals.
EasyWork will use this information for analytical, statistical research and marketing purposes as well as for product development.
Our Users may create a User Profile. Such User Profile may consist of your personal data, photographs, examples of your work, information on work previously performed via the Website and outside the Website, skills, tests taken, test scores, hourly pay rates, feedback/rating information and other information, including your username. You may set visibility features on the Website, add and edit information on your User Profile. If you choose to make your User Profile visible to other users and general public, you consent that EasyWork may publically display your User Profile on the Website.
Our Users may post comments, share information and otherwise interact with each other in forums, blogs and use other communication functionality. Any information you post in a community forum becomes public and may be shared by other Users and third parties. Please keep in mind that it is not safe to post personal and confidential information.
EasyWork shares personal testimonials of satisfied customers on the Website and other endorsements. With your consent we may post your testimonial along with your name.
Clients may choose to post a work listing on the Website, in which case the contents of such listing will be accessible to a general public, unless the client choose other visibility settings. Such work listings contain information on a budget, location, work history by the client, name of freelancers he worked with, client feedback, work time and rating information.
Clients and freelancers may submit their feedback on their experience with us. By submitting the feedback, you grant EasyWork the full, perpetual, free, transferable and irrevocable rights to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display and perform, broadcast, access, view and otherwise exploit such feedback, including your name, on, by means of or to promote or market on the Website.
EasyWork may provide areas on the Website where you can upload user-generated content, post or provide information about yourself, communicate with other Users, provide reviews for content, products and/or services or interact with or vote on particular content. This information may be shared with others and may be publically posted on our Website, including without limitation, other social media platforms and other public forums in which you choose to participate. This information may become publically available and may be read, collected and used by others outside of our Website. EasyWork is not responsible for the conduct of others who may read, collect and use this information.
The collection of personal data is neither intended for, nor directed to, persons who are under the age of eighteen (18) years old. Personal data will not be collected by any person who is known by EasyWork to be under the age of eighteen (18) without the consent of a parent or legal guardian. Persons under age eighteen (18) may only use our Website with the involvement and consent of a parent or legal guardian.
Personal data collected will be collected, held, used and disclosed for the following primary purposes jointly and/or severally:
Failure to provide personal data may result in EasyWork being unable to provide you with certain content (including access to the EasyWork platform), information, upcoming promotion, event or product information and/or being unable to accept promotion entries (where applicable).
Unless you request that we delete certain information about you, we have the right to retain the information we collect for a minimum of 5 years and/or for as long as needed for our business purpose or as required by applicable law.
However, EasyWork reserves the right to use or disclose any information, including personal data, as needed to satisfy any law, regulation or legal request, to protect the rights or property of EasyWork, or any member of the public, to protect the integrity of the Website, to fulfil your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.
EasyWork will endeavour to take all reasonable steps to keep secure any personal data recorded (including your credit card details), and to keep this information accurate, up to date, complete and relevant. The information is stored on secure servers that are protected in controlled facilities. This service may be performed on our behalf and data may be hosted by our selected data storage providers. In some cases these facilities may be overseas or may be operated by cloud computing.
Our website is secured with industry-standard transport layer security technology (TLS) and your sensitive information (such as tax identification number) is secured by socket layer technology (SSL). However, you should be aware that no method of electronic storage is fully safe and we do not warrant that any information you provide us with is fully secured.
Our Website may, from time to time, contain links to the websites of other organisations which may be of interest to you. Their inclusion cannot be taken to imply any endorsement or validation by us of the content of the third party website. Linked websites are responsible for their own privacy practices and you should check those websites for their respective privacy policies, practices or statements. EasyWork is not responsible, nor does it accept any liability, for the conduct of organisation linked to our Website.
We may use third party advertisements on our Website. All third party advertising, if paid for, is paid for by the relevant third party advertisers and are not recommendations or endorsements by EasyWork or any of its affiliates. EasyWork is not responsible for the content (including representations) of any third party advertisement on the Website. Cookies may be associated with these advertisements to enable the advertiser to track the number of anonymous users responding to the campaign. We do not have access to or control of cookies placed by third parties.
Registered Users may update the types of communications they prefer to receive from us through their online account. Such Users may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Website (for example, administrative and service announcements) via email and other means and these transactional account messages may be unaffected if you opt-out from receiving marketing communications.
We store your personal data in the European Economic Area.
You have the right to ask us to provide you with copies of personal data that we hold about you at any time, subject to a fee specified or allowed by law, ask us to update and correct free of charge any out-of-date or incorrect personal data that we hold about you, ask us to delete the personal data we hold about you, and opt out of any marketing communications that we may send you.
You may contact us via email: firstname.lastname@example.org. Please allow 30 days for this request to be processed.
We retain your personal data for as long as is necessary or your account is active or as needed to provide you with Services on the Website. If you no longer want us to use your personal data to provide you with Services, you may close your account. However, we may retain and use your personal data as necessary to comply with our legal obligations, resolve disputes and enforce our agreement.
Our Users make and receive payments for jobs which may include EasyWork fees, membership fees and other administration fees, through Escrow Accounts. The following types of Escrow Accounts are maintained for the Users:
By using our Services, the Users agree to authorize EasyWork or our designated payment processor to charge your specified credit card, debit card or other payment method for such fees. The Users also agree to pay EasyWork fees, membership fees and other administration fees for the Services performed by EasyWork.
We charge fees for the Services, including membership fees and other administration fees. All payments and amounts on the Website are in US Dollars. When you use our Services that has a fee, you have an opportunity to review and accept the fees that you will be charged. We may change our fees from time to time and will update you by placing the relevant information on our Website.
Other Administration Fees. We deduct one or more of the following fees, as applicable, from payments made by the Buyer to the Freelancer using our billing and payment services:
If the User fails to pay any fee due to EasyWork, EasyWork may terminate your Account and forbid your access to the Website. We may also charge an interest on the amount due at 1.5% per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
The available payment methods on the Website are:
Collecting financial information and security
While joining our Website and creating an Account, we may collect some billing information, including bank account number, bank, IBAN, Credit card number, expiry date, billing address, CVC etc. This information is collected using an encryption technology and is securely passed on to our designated payment processor for processing. We do not store any of this billing related information in our database. We also collect information about the User’s preferred Payment Method.
By providing Payment Method information through the Website, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information to us; (b) you are legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law. When you authorize a payment using a Payment Method via the Website, you represent, warrant, and covenant that there are sufficient funds or credit available to complete the payment using the designated Payment Method.
To the extent any amounts owed under this Agreement cannot be collected from your Payment Method(s), you are solely responsible for paying such amounts by other means. To the extent permitted by applicable law, we reserve the right to see reimbursement from you, and you will reimburse us, if we: (i) suspect fraud or criminal activity associated with your payment, withdrawal, or use of the Website, (ii) discover erroneous or duplicate transactions, or (iii) receive any chargeback from the credit card company, bank, PayPal, or other Payment Method provided by you or otherwise in connection with your Account. You agree that we have the right to obtain such reimbursement by charging any Accounts you hold with us, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your credit card or other Payment Method, or obtaining reimbursement from you by any other lawful means. If we are unable to obtain reimbursement for chargeback for which you received Services pursuant to this Agreement, we may, in addition to any other remedies available under applicable law, suspend or revoke your access to the Website and close your Account.
Whilst great degree of measures is taken to make sure that this information is securely transmitted, you acknowledge that we cannot guarantee that any of the above information will be fully secure against any unauthorized access etc.
While we will use commercially reasonable efforts to ensure the security of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result there from. We will use third party services to process credit card information. For further information regarding that service, please contact us to request information about our credit card processing providers.
Financial relationships between the Buyer and Freelancer
The price for each job will be decided between the Buyer and the Freelancer. We do not interfere in the process of the negotiation. The payment for any services and products, if any, will only be performed through our Website payment facilities. If you fail to comply with this rule, we are entitled to terminate your Account and charge our fees for the Services. Any payments between the Buyer and the Freelancer outside the platform are forbidden without our prior written consent.
The User will be solely liable for determining whether the User is required by applicable law to pay any taxes or similar charges in relation to the Freelancer Fee and paying all such taxes and other charges to the appropriate authorities. In the event of an audit of EasyWork, Freelancer agrees to promptly cooperate with EasyWork and provide copies of Freelancer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Freelancer is engaging in an independent business as represented to EasyWork
Disbursements to Freelancers
EasyWork automatically disburses available funds of a Freelancer within the following terms:
A Freelancer authorizes EasyWork to initiate such automatic disbursements with the use of the Freelancer’s designated Payment Method. A Freelancer may manually reschedule payment until a Freelancer is notified that the automatic disbursement has been processed.
EasyWork will not be able to process automatic disbursements if the amount due does not have sufficient funds available. If you reschedule the payment manually, we will notify you with the date on which the automatic disbursement will be processed.
Funds become payable to Freelancers depending on whether the Freelancer completed an hourly job or a fixed-price job. Such period when the funds will be become payable to Freelancers is indicated on the Website.
Unless otherwise provided by applicable law, EasyWork reserves the right to withhold, hold or reclaim any payment due to the Freelancer in the following circumstances:
In certain circumstances EasyWork reserves the right to reimburse from you, if we suspect fraud or criminal activity associated with your payment, withdrawal, or job; if we discover erroneous or duplicate transactions; or if we have supplied our Services in accordance with this Agreement yet we receive any chargeback from the Payment Method used by you, or used by your Buyer if you are a Freelancer. You agree to make such reimbursement and/or authorize us to obtain such reimbursement by instructing our designated payment processor to charge a relevant sum from any account you hold with us, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your Payment Method, or obtaining reimbursement from you by any other lawful means. If you fail to pay any reimbursements, we may terminate your Account and forbid your access to the Website. We may also charge an interest on the amount due at 1.5% per month or the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law.
If a currency convertor is available on the Website, then the following terms apply. If Buyer’s Payment Method is denominated in a currency other than the currency displayed on the Website and requires currency conversion to the currency displayed on the Website, the Website may display foreign currency conversion rates that EasyWork currently makes available to convert supported foreign currencies to the currency displayed on the Website. These foreign currency conversion rates adjust regularly based on market conditions. Please note that the wholesale currency conversion rates at which EasyWork obtains foreign currency will usually be different than the foreign currency conversion rates offered on the Website. Thus, the currency convertor is for information purposes only and shall not be relied upon as accurate and real time; actual rates may vary.
Bank and credit card fees
Please be aware that some banks and credit card companies impose fees for international transactions. As a result, your bank may convert the payment amount to your local currency and charge you a conversion fee. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of your country of residence. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction.
Applying Payment Protection
EasyWork will consider situations when the Buyer fails to pay the Freelancer for the completed Freelancer Service. In particular, EasyWork will consider whether the Freelancer performed the Freelancer Service in a legitimate way and as agreed between the Buyer and Freelancer. EasyWork will be entitled to request supporting information and documentation from both sides in order to resolve the issue. EasyWork obligates to resolve this issue in fair and honest way.
The payment to the Freelancer is guaranteed if all these requirements are satisfied: