Terms of Service Last update 1 year ago

Shagrify Ideas Ltd. ("Workzone Africa") presents the following terms and conditions. When you utilize our website, you are expressing your acceptance of these terms and conditions, as well as the referenced policies. It is understood that you will comply with these terms and conditions.

The Terms of Service provided below, which encompass the Privacy Policy, Fee & Changes, Cancellations & Refunds, Membership Policy, and all guidelines, policies, or content displayed on the Website, establish a legally binding contract between you ("User," "you," "your") and Workzone Africa ('Workzone Africa, workzone.africa', "we," "us") (hereinafter referred to as the "Terms of Service"). By accessing or utilizing the services offered on the workzone.africa domain and sub-domains (the "Website"), you hereby agree to be bound by these Terms of Service.

Employers: Create profiles, post projects, search for Freelancers, communicate with Freelancers, negotiate with Freelancers, award projects to Freelancers, manage projects, leave feedback for Freelancers, and pay Freelancers.

Freelancers: Create profiles, advertise capabilities, submit quotes, negotiate with Employers, obtain project awards, invoice, obtain feedback from Employers, and receive payment from Employers.

We also provide Registered Users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms of Service have the following meanings:

“Account” means the account created by the Website upon registration.

“Assumed Payment Liabilities” shall mean that portion of a Freelancer’s total service charges for a Project which Workzone Africa agrees to assume in consideration of the Service Charges.

“Dispute Resolution Service” means the service described in Section 7.

“Employer’s Acceptance of Services” shall mean:

I. With respect to an Invoice, a transfer of funds by Employer to Workzone Africa in respect of such Invoice or

II. With respect to the Safe Deposit Service, the earlier to occur of the following:

a. Employer and the Freelancer agree as to the rightful recipient of the funds or

b. Employer and Freelancer have concluded the process comprising the Dispute Resolution Service.

“Workzone Africa Billing and Payment Services” means, collectively, the Workzone Africa

“Workzone Africa Billing and Payment Services” means, collectively, the Workzone Africa Invoice Service and the Safe Deposit Service.

Workzone Africa Invoice Service” means the service described in Section 5(A).

“Safe Deposit Service” means the service described in Section 5(B).

“Service Charges” means, as applicable, the Project Fee, Employer Payment Processing Fee, Freelancer Transfer Method Fee and the Dispute Resolution Service Fee.

“Services” means, collectively, the Workzone Africa Billing and Payment Service, the Dispute Resolution Service and other services offered through the site.

“Website” means the world wide web site operated by Workzone Africa at www.workzone.africa or any replacement URL.

2. REGISTRATION

A. Eligibility To access our Services through our Website, you must either be a legal entity or an individual of eighteen (18) years of age or older who is capable of entering into legally binding contracts. In order to become a Registered User, you must accept all of the terms and conditions stated in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you are agreeing to the following: (1) comply with the Terms of Service as well as the processes, procedures, and guidelines outlined throughout the Website; (2) take financial responsibility for your usage of the Website and the acquisition or provision of services; and (3) fulfill your obligations as specified by any Project Agreement you accept, unless such obligations are prohibited by law or the Terms of Service. Workzone Africa reserves the right, at its sole discretion, to decline, suspend, or terminate Services for anyone.

Please perform your obligations as specified by any Project Agreement that you accept unless such obligations are prohibited by law or by the Terms of Service. Workzone Africa reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.

B. Registration: To become a Registered User and to access Services, you must register for an Account. You agree to provide true, accurate, and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy, and completeness.

C. Accounts & Profiles

1. General Once you have registered with the Website as a Registered User, the Website will create your Account with workzone.africa and

associate it with an account number.

2. Username & Password During registration, you will be asked to choose a username and password for the Account. As a Registered User, you

agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website.

You authorize . Workzone Africa to assume that any person using the Website with your username and password is you or is authorized to act for you.

You agree to notify us immediately if you suspect any unauthorized use of the Account.

3. Freelancers As described on the Website, a Freelancer uses proposals to submit quotes for Projects. If a Freelancer requires additional proposals

in a given month, the Freelancer has the option to buy additional proposals by purchasing a Proposal Pack as described on the Website. We reserve

the right to change membership fees, the monthly number of proposals included in the membership options or the price Proposal Packs or institute

new fees at any time, at the sole discretion of. Workzone Africa and upon reasonable notice posted in advance on the Website. No refunds of

membership fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time,

we will not refund the membership fee already paid.

3. RELATIONSHIPS

A. Employer and Freelancer

1. Project Agreement The engagement, contracting and management of a project are between an Employer and a Freelancer. Upon acceptance of a quote, the Employer agrees to purchase, and the Freelancer agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Employer and Freelancer including the Project Proposal, Project Description, and other terms and conditions as communicated between Employer and Freelancer on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by either party (collectively, the “Project Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. Employer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. Freelancer is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner. Employer and Freelancer each covenants and agrees to act with good faith and fair dealing in performance of the Project Agreement.

2. Independence Employer and Freelancer each acknowledges and agrees that their relationship is that of independent contractors. The Freelancer shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Freelancer and Employer or between Workzone africa and any Employer or Freelancer. You acknowledge, agree, and understand that Workzone africa does not, in any way, supervise, direct, control, or evaluate Freelancers or their work and is not responsible for any Project, Project terms or Work Product.

3. Work Product Freelancer is expected to deliver the Work Product (deliverable or outcome) of the Project Agreement using Workzone africa to the Employer unless a NDA is signed between Freelancer & Employer. Workzone africa can request proof of work performed at any point of time for verification as per Project Agreement.

B. Registered Users & Workzone africa

1. General Workzone africa is not a party to the dealing, contracting and fulfillment of any Project between an Employer and a Freelancer. Workzone africa has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Freelancers to perform services, the ability of Employers to pay for services, or that an Employer or Freelancer can or will complete a Project. Workzone africa is not responsible for and will not control the way a Freelancer operates and is not involved in the hiring, firing, discipline or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Freelancer. Workzone africa will not provide any Freelancer with any materials or tools to complete any Project. Employers and Freelancers must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.

2. Third Party Benificiary of Project Agreement Employer and Freelancer each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Employer and Freelancer therefore appoint Workzone africa as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, Workzone africa by these Terms of Service. Employers and Freelancers further agree that Workzone africa has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as Workzone africa in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.

3. Agency These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Workzone africa, except and solely to the extent expressly stated.

4. Taxed Registered Users are responsible for payment and reporting of any taxes. Workzone africa is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. You agree that you will abide by any and all applicable state and government tax statutes, regulations and common law. In the event Workzone africa receives a notice of non-compliance with any such statute, regulation or common law, Workzone africa will deem such receipt a breach of this section and will suspend your Account.

4. WORKZONE AFRICA FEES

A. Service Fees Workzone africa deducts one or more of the following fees, as applicable, from payments made by Employers to Freelancers using the workzone Billing and Payment Services:

1. Project Fee Workzone africa charges all freelancers and employers a Project Fee of 10% of the total charges.

2. Employer Payment Processing Fee on Gig When an employer places an order for any gigs on Workzone Africa, a processing fee of 15% will be added to the total cost of the freelancer's price.

3. Freelancer Transfer Method Fee If, upon a Freelancer’s request, funds are to be disbursed via check or an NEFT transfer or through Paypal a Freelancer Transfer Method Fee will be charged to the Freelancer as described on the Website.

4. Dispute Resolution Service Fee For use of Dispute Resolution Service, irrespective of the nature of resolution and any resulting disbursements, Workzone africa charges a Dispute Resolution Service Fee, equal to or 5 of the total amount paid by an Employer to Workzone africa for the applicable project to which such payment relates.

B. We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by Workzone africa at any time, at the sole discretion of Workzone africa and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.

4. COMMUNICATION

In order to maintain a professional environment, all correspondence between freelancers and employers must take place exclusively within workzone.africa. We strongly discourage the sharing of personal contact information or social media handles. Please note that we cannot be held responsible for any communication or transactions that occur outside of workzone.africa.

8. TERMINATION & SUSPENSION

A. These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or workzone Africa as provided for under the terms of this section.

B. If you violate any of the terms and conditions outlined in these Terms of Service or the associated policies, we may take action against your Account or Project. This could include issuing a warning, temporarily suspending your Account, indefinitely suspending your Account, or terminating your Account. We also reserve the right to refuse any or all services to you. There are a few scenarios in which we may take such actions: (1) if you fail to comply with the terms and conditions, including our posted policies and procedures; (2) if we are unable to verify the information you provide; or (3) if we believe, at our sole discretion, that your actions could lead to legal liability for you, other Registered Users, or for Workzone Africa or if they go against the interests of the Website. If your Account is indefinitely suspended or terminated, you are not allowed to continue using the Website under the same Account, a different Account, or by creating a new Account.

C. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.

11. CONTESTS TERMS AND CONDITIONS

A. Buyers can promote a Contest hosted on the Website by providing a Contest Brief and paying the Contest Prize in accordance to our instructions provided on the Website. A Buyer which promotes a Contest acknowledges and agrees that it is solely responsible for the operation and promotion of the Contest and warrants that it will comply with all applicable laws in respect of the operation and promotion of the Contest. We have no liability for loss suffered by a User in connection with a Contest including but not limited to loss suffered (or penalties imposed) in connection with a contravention of law.

B. Entrants may submit their entries in image formats as specified on the Website. All entries must comply with the Contest Brief and must not infringe any Intellectual Property Rights. Any entry which infringes any Intellectual Property Rights will be an ineligible entry and subject to removal either by the Buyer or us and subject to action as per our Copyright Infringement Policy.

C. Buyers can promote either: (1) a regular prepaid Contest, under which a Buyer may select one or more winning Entrant(s) or Buyers may request that the Contest Prize be refunded to them if a winner has not been chosen within 30 days of the contest closing date; or (2) a guaranteed Contest, under which a Buyer may select one or more winning Seller(s) and if no winner is selected, we will release the Contest Prize to Entrants of the guaranteed Contest and charge the appropriate fees and the Buyer will have no rights to have the Contest Prize released to them or to use any entries that have been submitted. After 30 days of the contest closing date, we reserve the right to distribute the contest prize to the participating freelancers. However, In rare cases, We have a right to refund the money associated with a Guaranteed Contest if we find that the Contest didn’t get any appropriate entries.

D. After awarding a Contest Prize, the Buyer and winning Entrant(s) will enter into a Contest Handover and when the winning Entrant(s) has uploaded the winning entry (including all related files) to the Buyer, the Contest Prize will be released to the winner of the Contest unless disputed by the Buyer in which case the dispute must be resolved between the Buyer and winning Entrant(s) before we can release the Contest Prize to the winning Entrant(s).

E. Close relatives, friends and family members of the Contest host are not allowed to participate in the Contest.

F. Charges paid for add ons like "FEATURED", "TOP CONTEST", "URGENT", "SEALED" etc are NON REFUNDABLE charges and they will not be refunded to the user under any circumstances.

G. For avoidance of doubt, the Buyer has no right or license to use any entries other than the winning entry/entries. The Buyer may not: (1) promote a Contest via the Website if the Buyer is hosting a similar contest through another service; (2) allow or request Sellers to submit entries to the Buyer via other means than the Website; and (3) award another Account that might be deemed as collusion or awarding another Account owned by the Buyer.