Employee Terms Of Use

Date Modified: Mar 18, 2021

User's Acknowledgment and Acceptance of Terms

Worktually ("Us" or "We") provides the www.worktually.com site and various related services (collectively, the "site") to you, the user/candidate/employee, subject to your compliance with all the terms, conditions, and notices contained or referenced herein ("Terms of Use"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference to the said Employee Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of the ‘Last-Modified’ date identified at the top of this page. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. However, for any material modifications to the Terms of Use or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Use will automatically be effective upon the earlier of (i) your continued use of this site with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Use on this site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Use in effect at the time such dispute arose.

As used in these Terms of Use, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

Overview of our Services

To ensure the quality of the Worktually experience we have set up our terms of service for our mutual benefit. If you violate these rules it will mean you've broken the terms of service and this may result in termination of your account.

Your Worktually account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person.

Communication With Employers Outside Worktually

Any agreement or attempted agreement between the remote employee and the employer, in connection with a service contract, requiring that payment be made outside of Worktually shall constitute a material breach of this agreement and be subject to cancellation of the profile and may lead to a permanent ban from the Worktually platform.

Applying For Jobs

A candidate will only be able to apply for jobs after their profile is analyzed and approved by the Worktually team.

Each job application must be submitted through your unique Worktually dashboard. You will have the option of applying to multiple job posts.

If you ever feel like our service could be better, you can contact us by telephone or email us at info@worktually.com.

Agreeing to these terms of service means you understand and agree to keep your tasks within the scope of our business.

When applying for a job, it will be the responsibility of the employee to note the shift timings for the job. Please refer to the ‘Disputes’ section below for information about disputes arising related to attendance.

Work Assignment & Attendance

After being hired by an employer on the Worktually platform, it will be the sole responsibility of the employee to mark their attendance at the agreed upon timings and seek work/tasks from the employer. Worktually will not be held accountable for employees being idle or not having tasks in their assigned work hours or suffering any losses for not marking their attendance at the appropriate times.

Ownership and Confidentiality of Work Product

If an employee creates anything original for their employers, such as research projects, reports, templates, spreadsheets, forms, etc. ("Work Product"), Worktually grants the employers a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product.

As used in these Terms of Service, your confidential information means non-public information that you provide to Worktually or an employer that you reasonably expect Worktually to keep secret, including your personal information (i.e., your name, your ID card information, and other similar information), but does not include information that (1) becomes generally available to the public other than an unauthorized disclosure by Worktually or an employer; (2) was or becomes available to Worktually or an employer on a non-confidential basis prior to your disclosure of the information to Worktually or an employer; (3) is independently developed by Worktually or an employer without using your confidential information; or (4) information we are required to disclose by a warrant, subpoena or other requests in an investigation or legal proceeding or where disclosure is necessary to protect Worktually's rights or property, or the rights or property of an employer or our other clients.

Guarantee & Warranty

There is no kind of warranty pertaining to work or job availability on the Worktually platform.

Termination

Employees can be terminated by employers without any notice at any time. Worktually does not guarantee job security or notice periods when employers terminate employment. However, we will try to facilitate employees in finding other suitable jobs on the Worktually platform.

Cancellations

An employee can cancel their account with us at any time, but they will have to serve a notice of 30 days. To initiate the cancellation process, just email our Support Team: info@worktually.com and ask us to cancel your account.

Services

We shall perform the administrative services customarily performed by service providers in the virtual service industry (individually and collectively, the ‘Services’). We may freely delegate any of the services to our staff at our sole discretion.

Term

These terms will be applied on the date that the client completes the hiring process and will continue on a month-to-month basis unless terminated by either party.

Termination of Service

We reserve the right to terminate the service of a Worktually candidate at any time — for any reason. We may end our relationship with a candidate for any number of reasons including but not limited to the following:

  1. If the candidate is constantly absent and not completing the tasks assigned to them
  2. If the candidate is abusive to his/her employer or any other Worktually team member

Payment & Wallet

Please note that all transactions on the Worktually platform occur in USD. Please check your country’s exchange rate before performing any transactions. An employee will have a unique wallet assigned to their account. The employer is required to pay their employees as per the hours the remote employee has worked for them in the given period, according to the amount agreed upon at the beginning of the service, and this amount will be deposited to the employee’s wallet. Employees can withdraw a minimum amount of $100 from their wallet. Please note that withdrawal charges and wire transfer charges will apply to all withdrawals.

Transaction may take up to 15 business days to complete. Please speak with Worktually staff or your bank support representative if there is any further delay.

Disputes

Any disputes related to transactions and or attendance must be submitted within 7 days of the occurrence of the dispute. After the 7 day period, no dispute will be considered eligible.

You can dispute a transaction by going to the ‘Attendance’ menu. Click on the ‘Apply Dispute’ button in front of the transaction that is inconsistent. Wait for one of our staff members to get in touch with you. They will help you resolve the dispute as quickly as possible.

Please note that disputes applied over the weekend will be processed in the upcoming business day.

Worktually Terms of Service Non-solicitation Provision

I acknowledge that Worktually has made substantial investments in developing, securing, and listing engaging job posts for members including me and that Worktually has a legitimate interest in earning a reasonable return on those investments. I also acknowledge that Worktually has agreements with Worktually employers that protect this interest by requiring that Worktually remote employees obtain Worktually's prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor, or otherwise) with the Worktually member to whom they were assigned.

Accordingly, to the fullest extent permitted under applicable law, I agree that during my membership and for a period of twelve (12) months immediately following the termination of my relationship with Worktually for any reason, whether voluntary or involuntary, with or without cause, I shall not directly or indirectly solicit any Worktually employer who is assigned to me at that time or who was assigned to me within the six months preceding termination of my relationship with Worktually to leave his or her account with Worktually and offer a job to me directly or indirectly.

Should any solicitation by me become a substantial factor resulting in a Worktually employer leaving Worktually and accepting an engagement with me directly or indirectly without Worktually's consent, I agree to pay Worktually as liquidated damages reasonably calculated to compensate Worktually for its lost investments and not as a penalty of any kind, a one-time fee equivalent to one year of my monthly Worktually payment in effect at the most recent date that the Worktually employer had been assigned to me by Worktually.

Limitations

In no event shall Worktually be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Worktually’s site, even if Worktually or a Worktually authorized representative has been notified orally or in writing of the possibility of such damage. Due to some jurisdictions not allowing limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Data Rights and Protection

Worktually has the utmost respect for our candidates’ privacy and information protection. Given the ever-changing regulatory environment, we strive to stay ahead of the curve. In our mission to ethically and lawfully serve our customers we have the following policies in place in order to adhere to international and domestic law:

Obtaining Consent:

Worktually’s terms of service are as understandable and straightforward as possible. Our valued candidates are able to give and rescind consent at any time. If at any time you wish to remove consent, please email us at info@worktually.com.

Timely Breach Notification:

In the event of a data breach, Worktually will notify our associated data controllers and customers within 72 hours. In addition to outlining the nature of the breach, the breadth, and actions involved to remedy the situation will be detailed.

Right to Data Access:

If at any time a customer wishes to access his or her existing data profile, they can do so on their Worktually dashboard. You can also look at how the information is used in our Privacy Policy.

Right to Be Forgotten:

If at any time a candidate discontinues their relationship with Worktually, the candidate can request that his or her personal data is wholly erased from our records.

Warranties and Representations

Each party hereby warrants and represents that such party is eligible to accept the terms mentioned on this page and that agreeing to these terms does not violate the terms of any other agreement between such party and any third party.

Passwords

It is the candidate’s responsibility to keep their Worktually account password safe. You will be solely responsible for any violations that might occur if the password is shared with someone else.

Notices

Any and all notices, demands, or other communications required or desired to be given hereunder by either party shall be in writing and shall be validly given or made to the other party if personally served, or if deposited in the mail, certified or registered, postage prepaid, return receipt requested and notices may also be given by e-mail or facsimile transmission, provided, however, that receipt of any such email or facsimile transmission is sufficiently proven. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given five (5) days after deposit thereof in the mail addressed to the party to whom such notice, demand or other communication is to be given. If such notice is given by e-mail or facsimile transmission, notice shall be deemed given on the date such e-mail or facsimile was sent provided that receipt of such e-mail or facsimile transmission is sufficiently proven. Either party may change its address for purposes of this paragraph written notice given in the manner provided above.

Governing Law

Any claim relating to the Worktually website shall be governed by the laws of Islamabad, Pakistan without regard to its conflict of law provisions.

Unenforceability of Provisions

If any provision of these terms, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these terms shall nevertheless remain in full force and effect.

Modifications to Terms

Worktually reserves the right to revise these terms of use at any time without notice. You can contact us to learn about our Terms of Use.

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