tos

TERMS AND CONDITIONS


This User Agreement describes the terms and conditions on which you are allowed to use our Website and our Services. We have incorporated by reference all linked information.
In This User Agreement:
“Account” means the account you open when you register on the Website.
“Buyer” means a User that investigates and purchases Seller Services or items from Sellers or identifies a Seller through the Website.
“Contest” means a contest that is solely promoted by a Buyer and in respect of which a Seller can submit an entry via the Website.
“Dispute Resolution Process” means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
“Workapay”, “we”, “our”, or “us” means Workapay.com
“Inactive Account” means a User Account that has not been logged into for a continuous 6 month period.
“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 trade marks, 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.
“Local Jobs” means a service we provide to match a Buyer who has tasks that need doing with a Seller who will provide the service based on the location of the Seller.
“Milestone Payment” means a prepayment made by the Buyer for the provision of Seller Services under a User Contract and which will be released in accordance with the section “Milestone Payments” below.
“Project” or “Listing” means a job offered or awarded by a Buyer via the Website, which may include a Project or
“Seller” means a User that offers and provides services or identifies as a Seller through the Website.
“Seller Services” means all services provided by Sellers.
“User”, “you” or “your” means an individual who visits or uses the website


1. Overview

By accessing and/or using the Website, you agree to the following terms with Workapay.
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website.
The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website enables Users to work together online to complete and to use the services that we provide.

2. Scope

Before using the Workapay Website, we recommend that you read the whole User Agreement, the Website policies and all linked information.
You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the Workapay Privacy Policy and all Website policies. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement will apply whenever you use the Workapay Website, or when you use the tools we make available to interact with the Workapay Website.

3. Eligibility

We may, at our absolute discretion, refuse to register a person or corporate entity as a User.

4. Using Workapay

While using the workapay Website, you will not:
i. post content or items in inappropriate categories or areas on our websites and services;
ii. infringe any laws, third party rights or our policies, such as the Code of Conduct;
iii. fail to deliver payment for services delivered to you, unless the Seller has materially changed the Seller Service provided from the bid or a clear typographical error is made;
iv. fail to deliver Seller Services purchased from you, unless the Buyer fails to meet the terms, materially alters the terms of the Seller Services from the listing;
v. circumvent or manipulate our fee structure, the billing process, or fees owed to Workapay;
vi. post false, inaccurate, misleading, defamatory or offensive content (including personal information);
vii. take 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 Workapay Website);
viii. transfer your Workapay account (including feedback) and Username to another party without our consent;
ix. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
x. distribute viruses or any other technologies that may harm Workapay, the Website, 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;
xi. harvest or otherwise collect information about Users, including email addresses, without their consent.

5. Fees And Services

We charge fees for certain services, such as introduction fees for Projects, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.
Unless otherwise stated, all fees are quoted in Nigeria Naira.

6. Payment Administration Agent

You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate or a third party as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent’s negligence and/or acts beyond the authority given by Worapay

7. Promotion

We may display your company or business name, logo, images or other media, and public description of your Projects and profile as part of the Workapay Services and/or other marketing materials relating to the Workapay Website, except where you have explicitly requested that we do not do this and we have agreed to such request.

8. Feedback, Reputation And Reviews

You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Workapay feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating or feedback comments) in any real or virtual venue other than a website operated by Workapay or its related entities without our written permission.

9. Advertising

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a project, contest, item listed, user or service being performed on the Website. An example of a permissible website address would be a portfolio of work.
We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as as result of the presence of such advertisements/ promotions in the Website or your subsequent dealings with the Advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or promotions is protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Workapay or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

10. Communication With Other Users

You must not post your email address or other contact information on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website, including by using the Project message board, inbox private messaging or chat facilities including Video Chat. Unless we provide a User’s contact information through a feature or function available through the Website, you must not, and must not attempt to, communicate with other Users in respect of Projects through any other means such as email, telephone, Skype, ICQ, AIM, MSN Messenger, GTalk and Yahoo.

11. Right To Review

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.

12. Identity / Know Your Customer

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your drivers’ licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or Freelancer Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
If you are not Workapay verified you may not be able to withdraw funds from your Workapay account, and other restrictions may apply.

13. User Services

Upon the Buyer awarding a project or contest to the Seller, and the Seller’s acceptance on the Website, or the purchase of an item by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Website.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded.
Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Workapay and the User.

14. Funds

You may have funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. If you are a Seller, you may have funds if you have successfully completed a Project, or sold an item, and funds have been released to you. There are also circumstances where funds will have been credited to your Account in relation to an affiliate program or a referral program.
Funds in your Account are held by us in our operating accounts held with reputable financial institutions. Funds in your Account are not held separately by us and may be commingled with our general operating funds and funds of other User’s Accounts.
You are not entitled to any interest, or other earnings for funds that are in your Account.
We may receive interest on funds held by us in our operating accounts (which may include funds in your Account) from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.
If your Account has a negative amount of funds, we may:
i. set-off the negative amount of funds with funds that you subsequently receive into your Account;
ii. if you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency balance (at an exchange rate applied by us);
iii. reverse payments you have made from your Account to other User Accounts on the Website;
iv. deduct amounts you owe us from money you subsequently add or receive into your Account; or
v. immediately suspend or limit your Account until such time as your Account no longer has a negative amount.
In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.
We reserve the right to collect any funds owed to us by any other legal means.
You acknowledge and agree that:
i. we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
ii. the funds shown in your Account (which may include Milestone Payments and/or any prepayment of fees and charges which you owe to us) represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Seller Services through the Website and provision of the Workapay Services;
iii. to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
iv. we are not acting as a trustee or fiduciary with respect to such funds or payments;
v. the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
vi. funds may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Seller Services;
vii. we will hold funds in respect of the amount of your Account (including Milestone Payments) in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and
viii. we may commingle your funds with funds of other User’s and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.

15. Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.
If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction (e.g. paid a Milestone Payment using a stolen credit card) it will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.
We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:
i. we believe there may be a high level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
ii. we believe that the beneficiary of the payment is someone other than you;
iii. we believe that the payment is being made to a country where we do not offer our Service; or
iv. we are required to do so by law.
If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account.

16. Charges.

We reserve the right to close an Inactive Account.
We reserve the right to close an account with nil or negative funds.

17. Right To Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
i. if we determine that you have breached, or are acting in breach of, this User Agreement;
ii. if you under-bid on any Project in an attempt to renegotiate the actual price privately, avoiding fees;
iii. if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
iv. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
v. you do not respond to account verification requests;
vi. you do not complete account verification when requested within 3 months of the date of request;
vii. to manage any risk of loss to us, a User, or any other person; or
viii. for other similar reasons.

18. Closing Your Account

You may close your Account at any time. The option is located in the Account Settings.
Account closure is subject to:
i. not having any outstanding listings on the Website; and
ii. resolving any outstanding matters (such as a suspension or restriction on your Account); and
iii. paying any outstanding fees owing on the Account.

19. Privacy

We use your information as described in the Freelancer Privacy Policy. If you object to your information being transferred or used in this way then you may not use our services.

20. No Warranty As To Content On The Website

The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidently by us or accidentally or purposefully by a third party.

21. Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

22. Additional Terms

It is important to read and understand all our policies as they provide the rules for trading on the Workapay website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our websites, including but not limited to:
• Privacy Policy
• Code of Conduct
• Fees and Charges
Each of these policies may be changed from time to time. Changes take effect when we post them on the Workapay website. When using particular services on our website, you are subject to any posted policies or rules applicable to services you use through the website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.

23. Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support website or emailing us at info@workapay.com.