TERMS OF SERVICE FOR SOFTWORK
The following terms of service (these "Terms of Service"), govern your access to and use of the Softwork Freelance Network Ltd (hereinafter referred to as “Softwork”) website and mobile application, including any content, functionality and services offered on or through www.softwork.xyz or the Softwork mobile application (the "Site") by Softwork and its subsidiaries collectively referred herein as "Softwork" "we" or "us" and “you” or “user” means you as a user of the Site.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your principal or employer or any other entity (if applicable), to be bound and abide by these Terms of Service, Softwork Payment Terms, and our Privacy Policy each of which is incorporated herein. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.
This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Softwork services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7, if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request to support@softwork.xyz.
LICENSE TO USE
Only registered users may carry out transactions on the Softwork platform. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent obtained form Softwork.
Freelancers must fulfill their projects, and shall not cancel projects on a regular basis without recourse to Softwork; failure to inform Softwork before cancellation of any project may lead to the repudiation of Freelancer’s contract with Softwork. Softwork reserves full discretion on the amount of payment to be released from the escrow account to the Freelancer in the event of cancellation. Cancelling projects will affect Freelancers’ reputation and status.
Freelancers may gain account statuses (Levels) based on their performance and reputation. Advanced levels may provide their owners with certain benefits from time to time.
Users shall not offer or accept payments using any method other than placing a project through the platform provided by Softwork.
Employers are granted all rights for the delivered project, unless otherwise specified by the Freelancer.
Employers are required to make payment to an escrow account in advance to commence a project. Projects commence upon submission of a Project request provided on ‘https://softwork.xyz/’ link or via the Softwork Mobile Application.
Softwork retains the right to use all published delivered projects for Softwork marketing and promotion purposes.
Users undertake to comply with Softwork’s Community Standards set out herein.
FREELANCERS
BASICS
Freelancers are required to create a profile on the Softwork platform reflecting services they can provide and areas of expertise; this will guide Employers and the algorithm (whether put in place now or in future) in selecting the Freelancer for a project.
Softwork does not guarantee any engagement to the Freelancer by an Employer. A Freelancer under this Platform is not an agent, employee, staff, representative or servant of Softwork.
Each project successfully completed, accredits your account with a revenue equal to 90% of the purchase amount.
Employers shall not directly or indirectly offer direct payments to Freelancers, or using payment systems or media outside of the Softwork platform.
If a Project is canceled before commencement of work by the Freelancer, the funds paid will be returned to the Employer’s Account and Softwork will retain the Service Fee of ten percent (10%). The funds may be reserved for another project or may be withdrawn subject to the conditions of Softwork.
TAX
Freelancers are responsible for paying any direct or indirect taxes, including any Personal Income Tax (PIT), or Value Added Tax (VAT) which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Freelancers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the project page is inclusive of all such taxes and charges that may apply to the Freelancers.
APPOINTMENT AS LIMITED PAYMENT COLLECTION AGENT
Freelancer hereby appoints Softwork as Freelancer’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Employer, and remitting those payments to Freelancer. Freelancer agrees that payment from Employer to the escrow account shall be considered the same as a made directly to Freelancer. Employer’s payment obligation to Freelancer will be satisfied upon receipt of payment by Softwork (or its Payment Services Provider, as applicable), and Softwork (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Freelancer in the manner described in these Payment Terms.
Softwork shall collect ten percent (10%) of the total fee paid by the Employer to the Freelancer in respect of any Project contracted to the Freelancer.
In the event that Softwork (via Payment Services Provider) does not remit any such amounts to Freelancer, the Freelancer will have recourse only against Softwork and not the Employer directly. Freelancer agrees that Softwork may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Employers that Softwork may deem necessary or prudent.
Softwork partners with Payment Services Providers for purposes of collecting payments from Employers, transferring such payments from Employers to Freelancers, and holding funds in connection with Softwork Balances. All payments services in connection with the withdrawal of funds on the Softwork platform are performed by Softwork’s Payment Services Providers.
WITHDRAWING REVENUES
To withdraw your revenue, you must have an account with at least one of Softwork's Payment Service Providers for the withdrawal methods listed below. All funds eligible for Withdrawal will be held on your behalf at an account with Softwork’s Payment Services Provider. All payment services, including withdrawal services, will be provided by Softwork’s Payment Services Provider.
Your Softwork profile can be associated with only one account from each Softwork withdrawal method. A Payment Service Provider withdrawal account can be associated with only one Softwork profile.
Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the Project is marked as complete.
For security concerns, Softwork may temporarily disable a Freelancer’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Softwork accounts to a single withdrawal provider.
Withdrawals can only be made in the amount available to you.
Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
In certain cases, Freelancers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Softwork’s Payment Services Providers.
Freelancers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Softwork's approval.
The Freelancer's rating is calculated based on the project reviews posted by Employers or Business Account Team Members. High ratings allow Freelancers to obtain advanced Freelancer levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Freelancer’s account.
Freelancers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
Freelancers are responsible for scanning all transferred files for viruses and malware. Softwork will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
CONTENT
When Freelancers deliver content, they grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
The Freelancer shall not accept any project that is illegal or against public policy and Project. When such a project is offered to the Freelancer, the Freelancer shall immediately flag the Project and report same to Softwork for further action to be taken.
EMPLOYERS
BASICS
Employers shall not offer direct payments to Freelancers using payment systems outside of the Softwork platform.
Softwork retains the right to use all publicly published delivered works for Softwork marketing and promotional purposes.
Employers may request a specific service from the Post a Request feature. Services requested on Softwork must be an allowed service on Softwork. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Softwork.
PROJECTS
BASICS
Once payment is confirmed, your project will be created. Freelancers shall deliver completed files and/or proof of work according to the service that was specified by the Employer.
We encourage our Employers and Freelancers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Softwork's Customer Support department for assistance.
A milestone (on a Project with milestones) is marked as Complete after it is delivered by the Freelancer and then accepted by the Employer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within four(4) days after marked as Delivered, however, in such case the Project will be stopped and all further milestones will not start. Once a milestone is delivered and accepted, Employers may choose to either continue with the Project and pay for the next milestone, or to stop the Project. If Employer does not pay for the next milestone within seven (7) days of acceptance of previous milestones, the project of the next milestone will not start. Please note that if you choose to stop the Project, the current projected milestone will not be cancelled.
HANDLING PROJECTS
When an Employer communicates a project, the Freelancer is notified by email as well as notifications on the site while logged into the account.
Freelancers are required to meet the delivery time they specified for projects undertaken by them. Failing to do so will allow the Employer to cancel the Project when a Project is marked as late and may affect the Freelancer's status.
Freelancers must send completed files and/or proof of work through Softwork’s website to mark the Project as Delivered.
Users are responsible for scanning all transferred files for viruses and malware. Softwork will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
PAYMENT TERMS
KEY TERMS
Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service.
Softwork Balance is the aggregated amount of your Revenue as a Freelancer and/or returned payments from canceled Projects as an Employer and/or your Softwork Business Balance.
Payment Services Provider(s) are service providers that provide payment services to Employers and Freelancers in connection with the Softwork platform, including with respect to collection of funds from Employers in connection with purchases, remittance and withdrawal of funds to Freelancers, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with Softwork Balances.
Revenue is the money that Freelancers earn from completed Projects and can either withdraw or use to purchase on Softwork, subject to these Terms.
GENERAL
Softwork partners with Payment Services Providers for purposes of collecting all payments from Employers, transferring such payments from Employers to Freelancers, and holding funds in connection with Softwork Balances. All payments services in connection with the collection of funds on the Softwork platform are performed by Softwork’s Payment Services Providers.
You may not offer Freelancers to pay, or make payment using any method other than through the Softwork.xyz site or any other Softwork Platform. In case you have been asked to use an alternative payment method, please report it immediately to the Softwork Customer Support.
To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with withdrawals is collected by either Softwork or Softwork’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments. Softwork is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. By using any payment method and/or providing payment details for making purchases on Softwork, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Softwork; and (d) such actions do not violate any applicable law.
PROJECT CANCELLATIONS
Eligibility for requests to Softwork to cancel a Project will be assessed by our Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, and general misconduct.
Completed Projects (or, where applicable, completed milestones) may be canceled, upon review of our Employer Support team, up to 14 days after the Project (or Milestone) is marked as complete. Please be advised that Projects cannot be partially canceled (i.e. we can only cancel the entire Project when it is justified).
In rare circumstances where we find it appropriate, our Support team may cancel a completed Project even after 14 days have passed from its completion.
Projects are not eligible to be canceled based on the quality of service/materials delivered by the Freelancer if the service was rendered as described in the Project.
Any non-permitted usage of Softwork encountered during a Project, after being reviewed by our Support team, may result in the Project being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Softwork’s Terms of Service.
CHARGEBACKS
Softwork reviews cases of payment provider chargebacks and disputes on behalf of Freelancers. Although results vary per case due to each chargeback reason. If the chargeback case allows, Softwork (or one of Softwork’s Payment Services Providers) will return parts or full revenue back to Freelancers, otherwise the chargeback amount will be borne by the Freelancer.
REFUNDS
Softwork does not automatically refund payments made for canceled Projects back to your payment provider. Funds from Project cancellations are returned to the Employer's Softwork Balance and are available for future purchases on Softwork. Commencing from January 15, 2021, funds returned to your Softwork Balance from canceled Projects will not include service fees paid i.e. ten percent (10%) of the total fee for the Project. Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Employer Support team, based on the Project’s original payment amount and currency.
You may not offer Freelancers to pay, or make payment using any method other than through the Softwork platforms. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
Softwork may make changes to these Payment Terms from time to time. When these changes are made, Softwork will make a new copy of the terms available on this page.
REVIEW
Feedback reviews provided by Employers while completing a Project are an essential part of Softwork's rating system. Reviews demonstrate the Employer's overall experience with the Freelancers and their service. Employers are encouraged to communicate to the Freelancer any concerns experienced during their active project in regards to the service provided by the Freelancer.
Leaving an Employer's feedback is a basic prerogative of an Employer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate projects executed exclusively through the Softwork platform from users within our Community. Projects arranged, determined to artificially enhance Freelancer ratings, or to abuse the Softwork’s platform with projects from additional accounts, will result in a permanent suspension of all related accounts.
Feedback comments given by Employers are publicly displayed on a Freelancer’s profile page.
Work Samples are the delivered images and videos sent to an Employer in a delivery message. Work Samples are added to a Freelancer's profile page, if the Employer chooses to publish the Work Sample while providing a public feedback review.
Withholding the delivery of services, files, or information required to complete the project with the intent to gain favorable reviews or additional services is prohibited.
Users are allowed to leave reviews on Projects up to 10 days after a Project is marked as complete. No new reviews may be added to the Project after 10 days.
Freelancers may not solicit the removal of feedback reviews from their Employers through mutual cancellations.
DISPUTES AND CANCELLATIONS
We encourage our Employers and Freelancers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Softwork's Customer Support department for assistance.
NON-CIRCUMVENTION PROVISION
The Parties hereby agree that their business involves, among other activities, introducing, participating, effectuating and consummating transactions between their respective contacts, including other Parties and Affiliates (each, a “Transaction”). In consideration of the foregoing, each undersigned Party hereby irrevocably agrees and warrants that it and its Affiliates shall not, directly or indirectly, interfere with, circumvent, attempt to circumvent, avoid or bypass any Party from any Transactions between the Parties’ contacts, or obviate or interfere with the relationship of any Party and its contacts for the purpose of gaining any benefit, whether such benefit is monetary or otherwise. The Parties also undertake not to make use of any third party to circumvent this paragraph.
DISCIPLINARY ACTIONS
Freelancers, Projects and/or Employers may be removed by Softwork from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
EMPLOYER
Illegal or Fraudulent project;
Intellectual Property Rights Infringement, Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service;
Adult oriented services, Pornographic, Inappropriate/Obscene;
Spam, nonsense, or violent or deceptive projects;
Projects misleading to Freelancers or others;
Use of the platform for trading, promotion and other related activities;
Projects containing websites promoting content, which violates Softwork’s Terms of Service and/or our Community Standards, will be removed.
Taking any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
Uploading/Distributing viruses or any other technologies that may harm Freelancer, the Site, or the interests or property of Freelancer users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
Projects that are removed for violations mentioned above, may result in the suspension/removal of the Employer's account.
FREELANCERS
Exceedingly low quality delivery on projects;
Promoting Softwork and/or Softwork services through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners;
Failure to deliver project(s) accepted by you;
Acceptance of Projects containing websites promoting content, which violates Softwork’s Terms of Service and/or our Community Standards, will be removed.
Posting false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
Taking any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
Transferring your Freelancer account (including feedback) and Username to another party without our consent;
Uploading/Distributing viruses or any other technologies that may harm Employer, the Site, or the interests or property of Freelancer users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
Download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Site into any other website without our prior written authorisation;
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
Intellectual Property Rights Infringement, Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service;
LIMITATION OF LIABILITY
IN NO EVENT WILL SOFTWORK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF FREELANCER, SOFTWORK AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF FREELANCER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE LIMITATIONS ON OUR LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT WE, OUR RELATED ENTITIES, OUR AFFILIATES OR STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
TERMINATION
You may terminate this Agreement by closing your Softwork Account. A request to close an Account is subject to a review by Softwork.
We may suspend your Softwork Account and your access to Softwork services and any funds, or terminate this Agreement, if;
You do not comply with any of the provisions of this Agreement;
We are required to do so by a Law;
We are directed by a Card Network or issuing financial institution; or
A suspicious or fraudulent transaction occurs
INDEMNITY
You agree to defend, indemnify, and hold Softwork, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Agreement.
UPDATES, MODIFICATIONS & AMENDMENTS
We may need to update, modify or amend our Terms of Service as our technology evolves. We reserve the right to make changes to this Terms of Service at any time by giving notice to users on this page.
We advise that you check this page often, referring to the date of the last modification on the page If you have any objection to any of the changes to this Terms of Service, you must cease using our website and/or services immediately.
APPLICABLE LAW
These Terms of Use shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.
LEGAL DISPUTES
We shall make an effort to settle all disputes amicably. Any dispute arising out of this Agreement which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A18, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LMDC. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Lagos, Nigeria.
SEVERABILITY
If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.
MISCELLANEOUS
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms of Use to any third party is prohibited. We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms of Use to any third party.
