Date Modified: August 6, 2020
User's Acknowledgment and Acceptance of Terms
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.
Any agreement or attempted agreement between the client and remote employee, 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 without refund.
Each job post must be submitted through your unique Worktually dashboard. You will have the option of hiring multiple employees on one job post.
If you ever feel like your service could be better or faster, you can contact us by telephone or email us at firstname.lastname@example.org.
Agreeing to these terms of service means you understand and agree to keep your tasks within the scope of our business.
Ownership and Confidentiality of Work Product
If a remote employee creates anything original for you, such as research projects, reports, templates, spreadsheets, forms, etc. ("Work Product"), Worktually grants to you a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product for your own personal and commercial purposes.
To avoid doubt, you retain sole ownership of your confidential information and your intellectual property and, to the extent your confidential information or intellectual property is incorporated into the Work Product, it will be removed prior to any use or disclosure by Worktually to a third party.
As used in these Terms of Service, your confidential information means non-public information that you provide to Worktually or a remote employee that you reasonably expect Worktually to keep secret, including your personal information (i.e., your name, your credit card information, and similar information), but does not include information that (1) becomes generally available to the public other than an unauthorized disclosure by Worktually or a remote employee; (2) was or becomes available to Worktually or a remote employee on a non-confidential basis prior to your disclosure of the information to Worktually or a remote employee; (3) is independently developed by Worktually or a remote employee without using your confidential information; or (4) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect Worktually's rights or property, or the rights or property of remote employees or our other clients.
As used in these Terms of Service, your intellectual property means patents, trademarks, and copyrights owned by you and any insights, knowledge, and ideas provided by you in connection with the creation of the Work Product.
Guarantee & Warranty
There is no warranty on any of the information, tasks, or projects your remote employee completes for you. What we will promise is that we'll do our best to provide the most accurate, most effective information available and we know remote employees do this better than anyone else. However, if incorrect information or results are provided, we can't be held liable for it.
An employer can cancel their account with us at any time, but they will have to serve a notice of 30 days. After the remote employee dues are cleared, we will refund the money remaining in the employer’s wallet. To initiate the cancellation process, just email our Support Team: email@example.com and ask us to cancel your account.
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 in our sole discretion.
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 client at any time — for any reason. Should this occur, we will give you a refund for any period for which a remote employee has not worked for you. We may end our relationship with a client for any number of reasons including but not limited to the following:
- If the client is constantly requesting tasks outside the scope of the provided job description and we're unable to find a solution
- If the client is abusive to his/her remote employee or any other Worktually team member
Please note that all transactions on the Worktually platform occur in USD. Please check your country’s exchange rate before performing any transactions. The employer is required to deposit $200 into their Worktually wallet before hiring an employee. This amount is held in escrow until the remote employee starts working for the employer. This amount can be refunded in case of any disputes. You can contact our customer support to process refunds. 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, using their Worktually wallet. The payment will be deducted automatically each month unless specified by the client. Recurring payments are billed automatically and the wallet amount will be automatically topped up when the wallet amount reaches below $200. The wallet will be topped up to $1000 by default. The automatic deduction system facilitates our employers and remote employees. Employers also have an option to select manual wallet top-up with an amount of their choice, which should be above $200.
We shall bill the client and they shall reimburse us for all the reasonable and pre-approved out-of-pocket expenses that are incurred in connection with the performance of our services.
In the unlikely event that you are unsatisfied with the work performed by your assigned Worktually team member, you can request a replacement. Please contact your account manager to discuss such instances. Refunds will not be given for the time that the employee has worked for the client.
The team members are assigned to work on a virtual basis for clients. Requests for ‘in person’ work are not guaranteed in any way or form.
Worktually Terms of Service Non-solicitation Provision
I acknowledge that Worktually has made substantial investments in recruiting, training and matching skilled Worktually remote employees with each of its 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 remote employees 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 remote employee 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 employment with Worktually and to work for me in any engagement directly or indirectly.
Should any solicitation by me become a substantial factor resulting in a Worktually remote employee 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 remote employee had been assigned to me by Worktually.
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 customers’ 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:
Worktually’s terms of service are as understandable and straightforward as possible. Our valued customers are able to give and rescind consent at any time. If at any time you wish to remove consent, please email us at firstname.lastname@example.org.
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:
Right to Be Forgotten:
If at any time customer discontinues their relationship with Worktually, the customer 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.
Should you decide to give your remote employee access to your business and personal accounts, you do so entirely at your own risk, and you are fully responsible for ensuring the security of your data. You will be solely responsible for any violations that might occur as a result.
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.
Any claim relating to Worktually web site 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