Updated November 25, 2022

1. GENERAL PROVISIONS

1.1. Basic terms of the General Terms and Conditions

Website: an Internet interface for the services provided by Workaforce.

Client: a natural or legal person who publishes projects for the production of certain intellectual works and uses the services provided by Workaforce through registering on the Website as a Client.

Freelancer: a natural or legal person registered as a Freelancer on the Website who offers (a) service(s), but also has a chance to submit proposals for projects published by Clients.

User: a summary name of the Clients and Freelancers registered on the Website.

Project: a tender for freelancers to make specific intellectual work posted on the Website by a Client.

Service: a service is published by a freelancer on the site and offered for sale.

Proposal: the offer of the freelancer submitted for a Client’s project.

Milestone Payments: a project may be divided into sections which allow payment of the project price in steps after completing predefined sections of the whole project.

Service fee: the fee to be paid by the Freelancer for the intermediary service provided by Workaforce, amounting to 20%.

Pending Balance: an amount in a freelancer’s wallet that is received by Workaforce. Already paid by the Client and from which the Workaforce service fee has been deducted.

Available Balance: pending balance will move in freelancer’s wallet to available balance if the project is completed and approved by the Client.

Withdrawal: this process allows freelancers to access their Available Balance.

1.2. Accessibility

The Website is maintained by Andalon Technologies Ltd. (Nigeria) on the URL https://workaforce.com/. Please note that all Users are obliged to provide real data when using the Website and are liable for them.

1.3. Purpose and material scope of the General Terms and Conditions

Workaforce has defined the General Terms and Conditions in accordance with applicable law in order to fully regulate the terms and conditions of the service and the project, their use, the rights and obligations of Workaforce, the Users, i.e. the Client and the Freelancer, and other material circumstances related to the Service.

The provisions of the General Terms and Conditions govern the rights and obligations of Workaforce and those who use the services provided by Workaforce as Users, i.e. Clients and Freelancers.

The General Terms and Conditions are published by Workaforce on the Website, which can be read and studied without registering on the Website.

1.4. Acceptance of the General Terms and Conditions

The General Terms and Conditions must be accepted by express declaration made electronically during registration on the Website. Electronic acceptance of the General Terms and Conditions is a prerequisite for registration on the Website, and as a Freelancer for submitting a Proposal and offering a Service, and as a Client for posting a Project, ordering a Service.

By using this Website, you agree to the terms and conditions set forth below, whether or not you have read them. It is your responsibility to interpret and use the information on this Website, therefore, the Website operator or the individual authors do not accept any liability for any resulting damage arising therefrom.

1.5. Amendment of the General Terms and Conditions

Workaforce reserves the right, at its sole discretion, to modify or replace any part of the Terms and Conditions. It is your responsibility to check the Terms and Conditions periodically for changes. Your continued use of or access to the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

If a User does not agree with the change, User must delete their profile from the Website. By deleting the profile, the contract will be terminated, but the termination does not affect an existing payment obligation or obligations.

2. USER RIGHTS AND OBLIGATIONS

2.1. Registration

By registering, the User acknowledges that:

• User has reached the age of 18 and is a person with legal capacity, or
• A representative of an economic organization;
• In all cases registers on behalf of itself or the business organization it represents, providing its real user data and contact details.

The User is obliged to provide real data during and after registration and is liable for them. If Workaforce becomes aware that the scope of data provided by the User contains false elements, Workaforce reserves itself the right to restrict the User’s access in part or in full, or to exclude the User from using the Website.

The data provided by the User will be saved on the Website. If there are any changes in the data, the User is obliged to update the information on the Website immediately.

The User is entitled to delete their profile and all posted information at any time. The User may initiate the cancellation of the registration, which will result in the termination of the contractual relationship with Workaforce. After cancellation of the registration, Workaforce is obliged to keep the User’s personal data related to billing information, based on Workaforce’ privacy statement.

2.2. Prohibited content

Illegal content may not be placed on the Website operated by Workaforce (such as personal or special data of third parties, posts, unauthorized copyright or intellectual property, in particular images), and direct or indirect infringement of the rights or laws of third parties (such as a criminal offense), invitation to commit a criminal offense.

The publication of the following content is prohibited in any form on the Website:

• content that, by itself or by publishing or advertising the content, infringes the rights of any third party in any way, including, but not limited to, abuse of a trademark, copyright, patent, personality, or right to worship;
• content that may defame or otherwise violate the privacy of one or more individuals;
• text or images encouraging direct contact between Users outside the Website (name, telephone number, email address, website URL, social media handle or other contact information);
• content referring to sexual services.

After prohibited content has been reported to the Workaforce team via the “Report” button or email (support@workaforce.com), the issue will be investigated by the Workaforce team and as soon as the content is found to be illegal, it will be deleted by the Workaforce team or the Workaforce team calls upon User to remove the prohibited content immediately. The Workaforce team decides in sole discretion about the deletion of the User profile and blocking the User.

Workaforce declares that it is not obligated to overview all content on the Website and Workaforce declares itself not liable for any damages resulting from prohibited content. Workaforce stipulates that it does not identify itself in any way with the content published by Users on the Website.

3. INTERMEDIARY RELATIONSHIP

3.1. The establishment of the intermediary relationship

The intermediary relationship between Workaforce and the Users will be established upon acceptance of the General Terms and Conditions upon registration.

3.2. Posting a project

A Client registered on the Website will post a Project on the Website for which Freelancers registered on the Website may submit a Proposal or Proposals. The Client selects the Freelancer with the best Proposal with whom Client wants to get the job completed. In case of a longer project, it is advisable to set milestones: this way, the work as well as the payment will be cut into smaller, more manageable pieces. The Freelancer whose Proposal was selected, will enter into a usage agreement with the Client for the intellectual property included in the Proposal, in which the Freelancer will grant full usage rights for the intellectual work in return for the Project price paid by the Client. The Client is required to pay Workaforce the Service fee for the Services provided by Workaforce and the fees for other services used.

3.3. Posting a service

A Freelancer registered on the Website will post a Service on the Website for which Clients will pay. The Service price can be a fixed price, a fixed hourly rate or the price may vary due to the specific nature of the work. The Freelancer will enter into a usage agreement with the Client for the intellectual property included in the Service and the Freelancer will grant full usage rights for the intellectual work in return for the Service price paid by the Client. The Client is required to pay Workaforce the Service fee for the Services provided by Workaforce and the fees for other services used.

4. FREELANCER’S RIGHTS AND OBLIGATIONS

The User who wishes to submit a Proposal for a Project posted on the Website is obliged to register as a Freelancer on the Website. In order to post a Service, the User is required to register as a Freelancer as well.

By accepting the Terms and Conditions, the Freelancer instructs Workaforce to establish a relationship between them and the Client by providing the Website and making it available, ie. to ensure that the Freelancer can submit proposals and post services on the Website.

When submitting a Proposal or posting a Service, the Freelancer is obliged to provide the information required for concluding the contract, as specified on the Website.

The Freelancer may submit Proposals for Projects initiated by Clients within the Proposal deadline. The Freelancer acknowledges that the Proposal submitted counts as an offer, to which Freelancer remains bound until the selection of a Proposal by Client or the publication of the Client’s statement on the Website that the Client does not wish to choose a Proposal.

The Freelancer may create a Service and acknowledges that the Service posted by them on the Website counts as an offer, to which Freelancer remains bound.

The Freelancer is liable for the submitted work legally and professionally. The Users are aware that Workaforce is not liable for any damages regarding the work and actions of the Freelancer. Workaforce stipulates that it does not identify itself in any way with the content submitted by Users to other Users as well as the content published on the Website.

The Freelancer may modify the submitted work within the set deadline. If necessary, Freelancer is obliged to make repairs to his work according to the Client’s needs within 7 days.

The Freelancer may not use any other copyrighted work during the preparation of the Proposal or in any information uploaded by them to the Website, nor may the Freelancer use details from other copyrighted works that allow the work to be identified. If the Freelancer violates this obligation, Workaforce may terminate the contract with the breaching User and exclude it from the Users of the Website.

Freelancer acknowledges the obligation to keep all information about the Client or the Project, and may not disclose it to third parties without the prior written consent of the Client.

5. CLIENT’S RIGHTS AND OBLIGATIONS

The User who wishes to post a Project on the Website must register as an Client on the Website. If a User wants to buy a service, a Client profile is needed as well.

By accepting the General Terms and Conditions, the Client instructs Workaforce to establish a relationship between it and the Freelancers by providing the Website and making it available, ie. to ensure that the Client publishes its Project on the Website.

When starting the Project, the Client is obliged to provide the data required for concluding the contract and invoicing, as specified on the Website. In the Project description field, the Client is obliged to publish specific instructions, information and other data related to the task to be performed, which is an integral part of the Project. After completing the Project Form, the Client may use the additional services provided by Workaforce as specified on the Website for the fees associated with each service.

All Users are prohibited from providing contact information about them to each other. All communication should take place on the Workaforce website to ensure the Users’ safety and payment guarantee.

When starting the Project or ordering the Service, the Client is obliged to transfer the Amount to be paid to Workaforce that was calculated on the Website.

The Client acknowledges that the posted Project qualifies as a call for proposals.

The Client is obliged to communicate with the Freelancers exclusively through the Website and to make the payment for the work. Workaforce shall not be liable for any communication outside the Website and for any damages resulting therefrom, nor for any payments made outside of the Workaforce Website.

All Users are aware that Workaforce is not liable for any damages resulting from the actions of the Client.

6. RIGHTS AND OBLIGATIONS OF WORKAFORCE

6.1. Services provided by Workaforce

By providing the Website, Workaforce provides intermediary services to Clients who require the performance of certain intellectual works, as well as to Freelancers who undertake the production of specific intellectual work.

Workaforce undertakes to operate the Website 24 hours a day, 365 days a year, unless necessary website maintenance work is required to suspend the Website because an unforeseen circumstance outside of Workaforce occurs that would affect the operation of the Website that is resulting in a pause.

If the Website is unavailable, Workaforce reserves the right to change the Proposal submission deadline and work submission deadline in consultation with the Users concerned.

Workaforce reserves the right to charge a service fee for using certain services on the Website. The list of these types of services and their fees and the separate rules for each fee can be found in the current tariff published on the Workaforce Website.

Workaforce has the right to change the currently announced fees and to expand the range of services subject to the obligation to pay fees, however, Workaforce is obliged to notify the Users in advance of any changes in the fees.

Workaforce prepares and issues an electronic invoice to the User. Workaforce does not prepare paper-based, printed invoices. The User irrevocably consents to the issuance of the electronic invoice in accordance with this section. The performance date for payment is the date of the credit to your Workaforce account. The costs of the bank transfer to Workaforce shall be borne by the User.

Workaforce may verify the information provided by the User during registration at any time. If there is any doubt as to the authenticity of the data provided by the User, Workaforce has the right to suspend the User’s access to the Website until the verification is completed.

Workaforce reserves the right to exclude a User from the use of the Website who provides false data on the Website. Workaforce is entitled to delete any content or information posted on the Website if, in Workaforce’ interpretation, it conflicts with the proper use of the Website or the provisions set forth by Workaforce in these Terms and Conditions or other principles of use posted on the Website, or infringe a legitimate interest.

If the content published or made available by the User on the Website is infringing, Workaforce may remove it if the content receives appropriate notice from the right holder. Workaforce cooperates with the authorities within the relevant and current legal framework to bring perpetrators to justice.

6.2. Responsibility of Workaforce as an intermediary service provider

Workaforce operates the Website as an intermediary service provider for the provision of the service specified in clause 2, so Users may not make any claims against Workaforce as a result of the legal relationship between them under these General Terms and Conditions and the User Agreement entered into by them. Workaforce shall not be liable to third parties for the content of non-statements made on the Website, including the legal compliance of posted Services, Projects and Proposals published in particular on the Website. Workaforce is not obligated to check the content published or made available on the Website by the User, nor is it obliged to look for signs of illegal activity.

The User is solely responsible for any damage caused to third parties by the content published by the User on the Website. If a third party makes a claim or initiates legal proceedings against Workaforce in connection with the content published by the User on the Website, the User is obliged to reimburse Workaforce for all costs and damages incurred by Workaforce as a result of the claim enforcement or official proceedings.

The User is obliged to compensate Workaforce for any damage caused to Workaforce by the content published on the Website or in other media, or for any damage caused to Workaforce in connection with the published content. The User is also obliged to take all measures required by Workaforce to restore Workaforce’ reputation (including making statements to avoid associating the User’s violation with the Workaforce name and Workaforce as a result of the User’s infringement). The User is obliged to take all measures to prevent and mitigate damage and risks.

6.3. Protection of personal data

Workaforce is obliged to treat the personal data and published information provided by the Users on the Website, except for public content, in a closed manner, not to make them available to third parties, or to store them in such a way that they cannot be accessed by unauthorized persons.

Workaforce may only transfer the User’s personal data to external organizations included in the privacy statement, and will only make them available to authorities within the relevant legal framework.

Of the personal information provided by the User, Workaforce will only use the information necessary for identification and conclusion of the contract in order to provide the User with information about the development of Workaforce, the services available on the Website and Workaforce’ official notices.

If the User initiates a change in data, Workaforce will store the User’s previous data during the period of the user’s right according to the privacy statement.

Workaforce may use the information it stores about the User in the event of any questions or disputes.

Workaforce may cooperate with local, national or international authorities from time to time, upon request of which Workaforce is obliged to release the necessary personal data and information stored about the User.

7. COMPLAINTS, CONTACT

Workaforce receives complaints and User inquiries related to the Service on the Website on the Contact Us page (www.workaforce.com/contact-us) or by email at support@workaforce.com. Workaforce will respond to user questions in writing by email to the email address provided by the User. Workaforce will investigate and respond to user questions promptly, within 7 days.

8. FINAL PROVISIONS

Workaforce and the Users declare that they will endeavor to settle their disputes arising out of the intermediary relationship in the best interests of each other, without recourse to litigation.