guideline, policy or content displayed on the Website, are a legally binding contractual
agreement between you (“User, “you,” “your”) and https://www.bizproworld.com/ (“Website,”
“we,” “us”) (hereinafter collectively referred to as the “Terms of Service”).
By visiting or using the services available from the domain and sub-domains of
www.Website (the “Website”), you agree to be legally bound by these Terms of Service. We
reserve the right to revise these Terms of Service and all linked information from time to time
in our sole discretion by updating this posting or any linked information. Unless otherwise
provided in such revision, the revised terms will take effect when they are posted.
OVERVIEW AND DEFINITIONS
Website is an online marketplace that enables buyers of professional services (“Employers”)
to search for, enter into and manage transactions with providers of professional services
(“Freelancers” and, collectively with Employers, “Registered Users”). Further for the purpose
of these Terms of Service the term “Employer” shall not be construed as the employer as
defined under any Act, Statute, Rules, Regulations, Bylaws or any guidelines issued by any
competent authority which defines, amended or modify the meaning or establish the
relationship of employer and employee.
The Website contains features that enable Freelancers and Employers to do,among other things, the following:
Employers: Create profiles, post projects, search for Freelancers, communicate with
Freelancers, negotiate with Freelancers, award projects to Freelancers, manage projects, leave
feedback for Freelancers, and pay Freelancers.
- Freelancers:Create profiles, advertise capabilities, submit quotes, negotiate with
Employers, obtain project awards, invoice, obtain feedback from Employers, and receive
payment from Employers. We also provide Registered Users with certain services described
in, and subject to, these Terms of Service (as further defined below, the “Services”).
We may add, delete or modify some or all of such Services at any time at our sole discretion
with reasonable notice posted in advance on the Website. Capitalized terms used in these
Terms of Service have the following meanings:
“Account / Username” means the account created by the Website upon registration
- “Assumed Payment Liabilities” shall mean that portion of a Freelancer’s total service
charges for a Project which Website agrees to assume in consideration of the Service Charges “
“Service Charges” means, as applicable, the Project Fee, Employer Payment Processing Fee etc
“Website” means the world wide web site operated by Website http://www.bizproworld.com or any replacement URL.
A. Eligibility. To access our Services through our Website, you must be a legal entity, or an
individual of eighteen (18) years of age or older who can form legally binding contracts. To
become a Registered User, you must accept all of the terms and conditions in, incorporated
by reference in, and linked to, these Terms of Service. By becoming a Registered User, you
- Abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website;
- Be financially responsible for your use of the Website and the purchase or delivery of services; and
- Perform your obligations as specified by any Project Agreement that you accept, unless
such obligations are prohibited by law or by the Terms of Service. Website reserves the right,
in its sole discretion, to refuse, suspend, or terminate Services to anyone.
B. Registration.To become a Registered User and to access Services you must register for
an Account. You agree to provide true, accurate and complete information as prompted by
the registration form and all forms you access on the Website, and to update this information
to maintain its truthfulness, accuracy and completeness.
C. Accounts and Profiles.General. Once you have registered with the Website as a
Registered User, the Website will create your Account with it and may associate with an
account number / username. You may create a profile under your Account, in accordance with Section 2(D).
Username and Password. During registration, you will be asked to choose a
username and password for the Account. As a Registered User, you agree and you are entirely
responsible to safeguard and maintain the confidentiality of the username and password you
use to access this Website. You authorize Website to assume that any person using the
Website with your username and password is you or is authorized to act for you. You agree to
notify us immediately if you suspect any unauthorized use of the Account.
D. Membership. Website provides Registered Users several different membership options.
The availability of these membership options is dependent upon (i) the Registered User’s
status as an Employer or a Freelancer (ii) the selections made during registration, (iii) any
subsequent upgrades or downgrades of membership options after registration. Employers. All
Employers have the membership benefits described here. Note, membership benefits may
change from time to time at the sole discretion of Website and upon reasonable notice posted
in advance on the Website. Freelancers. Freelancers can choose from different membership
A. Project Agreement.
A. Project Agreement.
- The engagement, contracting and management of a project are between an Employer and a
Freelancer. Upon acceptance of a quote, the Employer agrees to purchase or to avail, and
the Freelancer agrees to deliver, the services and related deliverables in accordance with
the following agreements: (a) the agreement between Employer and Freelancer including
the Project Bid, Project Description, and other terms and conditions as communicated
between Employer and Freelancer on the Website or otherwise, (b) these Terms of
Service, and (c) any other content uploaded to the Website by Website (collectively, the
“Project Agreement”). You agree not to enter into any contractual provisions in conflict
with these Terms of Service. Any provision of a Project Agreement in conflict with these
Terms of Service shall be is void to the extent of such conflict. Employer is responsible for
managing, inspecting, accepting and paying for satisfactory services and deliverables in
accordance with the Project Agreement in a timely manner. Freelancer is responsible for
the performance and quality of the services in accordance with the Project Agreement in a
timely manner. Employer and Freelancer each covenant and agrees to act with good faith
and fair dealing in performance of the Project Agreement.
Independence. Employer and Freelancer each acknowledges and agrees that their
relationship is that of independent contractors. The Freelancer shall perform services as an
independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Freelancer
and Employer or between Website and any Employer or Freelancer.
B. Registered Users and Website
Neither the Website nor the entity which owns and manages the Website shall be made a
party to the dealing, contracting and fulfilment of any Project between an Employer and a
Freelancer. As the Website has no control over the Employers or the Freelancers the
Website cannot fully ensure the quality, safety or legality of any services performed or
deliverables created, advertised, the authenticity or accuracy of project listings, the
qualifications, background, or abilities of Registered Users, the ability of Freelancers to
perform services, the ability of Employers to pay for services, or that an Employer or
Freelancer can or will actually complete a Project.
Website is not responsible for and will not control the manner in which a Freelancer
operates and is not involved in the hiring, firing, discipline or working conditions of the
Freelancer. All rights and obligations for the purchase and sale of services or other
deliverables are solely between an Employer and a Freelancer. Website will not provide
any Freelancer with any materials or tools to complete any Project. Employers and
Freelancers must look solely to the other for enforcement and performance of all the rights
and obligations arising from Project Agreements and any other terms, conditions,
representations, or warranties associated with such dealings.
Third-Party Beneficiary of Project Agreement. Employer and Freelancer each
acknowledges and agrees that the value, reputation, and goodwill of the Website depend
on their performance of their covenants and agreements as set forth in their Project
Agreement. Employer and Freelancer therefore appoint Website as a third-party
beneficiary of their Project Agreement for purposes of enforcing the obligations owed to,
and the benefits conferred on, Website by these Terms of Service. Employers and
Freelancers further agree that Website has the right to take such actions with respect to the
Project Agreement or their Accounts, including without limitation, suspension,
termination, or any other legal actions, as Website in its sole discretion deems necessary to
protect the value, reputation, and goodwill of the Website.
Agency. These Terms of Service and any registration for or subsequent use of this Website
by any user or Registered User will not be construed as creating or implying any
relationship of agency, franchise, partnership or joint venture between you and Website,
except and solely to the extent expressly stated.
Taxes. Registered Users are responsible for payment and reporting of any applicable taxes
as per the applicable laws.
C. Website Fees
1. Membership Fee: Freelancers can choose various membership programs to subscribe to different levels of participation on the Website, as detailed here.
2. Services Fees. Website deducts one or more of the following fees, as applicable, from payments made by Employers to Freelancers:
3. Project Fee. Website may charge all Freelancers a Project Fee. The fee is based on a
Freelancer’s membership type and is deducted from the total amount paid by an
Employer for a Project as described here.
4. Employer Payment Handling Fee. When an Employer pays a Freelancer, a Payment
Handling Fee as per the website’s prevailing charges & fees policies will be added to the
5. Fees for various services will be as decided and published by the website from time to
time. These fees or charges may be for posting a project, managing or coordinating with
the freelancers, making payments through the website links or any other activity offered
as service by the website. Services can also include highlighting profiles, projects or any
other value-added services or products that may be offered by the website.
Website fees or commission does not include consultants or freelancers’ engagement fees.
Consultants or freelancers’ charges will be over and above the Website fees or commission,
which will be as decided between the respective employers and freelancers in their own
discretion, unless the Website is assigned, by either of the parties, to play a role as per the
selected pricing plans. Otherwise, the Website plays no role in the same besides sharing
information as updated or entered or asked by either of the parties for a specific project or
We reserve the right to change membership fees, service fees, processing fees or any other
fee that may be charged by Website at any time, at the sole discretion of Website and upon
reasonable notice posted in advance on the Website. No refunds of fees already paid will be
given. If we exercise our right to cancel a membership as provided under these Terms of
Service, at any time, we will not refund the membership fee already paid.
WEBSITE BILLING AND PAYMENT SERVICES
A. Website Invoice Service.
The Website Invoice Service enables Freelancers to issue
invoices and enables Employers to make payments for services. 1. General. When a
Freelancer completes a Project or a milestone of the project, as the case may be, for an
Employer, the Freelancer will attach the electronic invoice form (the “Invoice”) and submit it
to Website via the Website. Invoice format, details including amount, formats etc. will be
responsibility of the consultant. Website may show or store standard invoice format for
reference purpose only.
Consultant or the Freelancer will submit the invoice using the website’s facility of raising
Invoice to the Employer and the Employer shall submit the payment specified in the Invoice
(“Payment”) to the consultant or the freelancer, either through the online facility and services
available on the website or through any other means as may be agreed between the consultant
and Employer. Employer and consultant are bound to make payment of service charges to the
website as agreed or purchased at the time of buying the services. In specific service offering
as decided and offered by the website from time to time, website will raise the invoice on
behalf of the consultants and/ or website, and Employer will be bound to make payment to
the website, who in turn will forward the due amount to the consultant after deducting service
charges and commission to the website.
Invoice Disputes. If an Employer reasonably disputes any Invoice, the Employer will pay all
undisputed amounts within the time frames specified above and the parties will cooperate to
verify any disputed amounts. Any Invoice amounts reasonably disputed by an Employer will
not be payable to a Freelancer until such dispute is resolved. Website’s obligation to pay any
Payment (less applicable Service Charge) is expressly conditioned upon: (a) Website’s
receipt of Payment from the applicable Employer and (b) resolution of all outstanding
disputes with respect to such Invoice and/or Payment.
B. Hold on Transfers.
Website reserves the right, at its sole discretion, to place a hold on
requested transfers if Website suspects monies may be subject to charge back, bank reversal,
failure to clear or fraud. Website will release a hold as soon as practical.
- Website is not your agent with respect to any funds that have been transferred to Website for any Assumed Payment Liabilities.
- Each Freelancer must properly discharge and credit Employers for all payments that Website makes to such Freelancer in respect of services provided to such Employers.
Website acts as a payment provider by creating, hosting, maintaining, and providing the
Website Billing and Payment Services to you via any Internet payment gateways.
Website does not have any control over the services invoiced or paid for with the
Website Billing and Payment Services. Additionally, Website does not control whether
an Employer or Freelancer will actually complete the underlying transaction. Website is
not responsible in any way for the timeliness or accuracy of the invoices or the
timeliness, accuracy, completion or workmanship of any work product produced by a
Freelancer as a result of an awarded Project. Nothing in these Terms of Service will be
deemed to constitute Website as your agent with respect to any service purchased and
sold by Registered Users through the Website, or expand or modify any warranty,
liability or indemnity stated in these Terms of Service.
By using the Website Billing and Payment Services, you expressly acknowledge that (a)
Website is not acting as a trustee or a fiduciary of Employers or Freelancers and that the
Website Billing and Payment Services are provided to Registered Users
administratively; (b) WEBSITE IS NOT A BANK AND ANY PAYMENTS
TRANSFERRED THROUGH WEBSITE ARE NOT INSURED DEPOSITS AND
ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
Miscellaneous Payment Terms.
Authorized Payments are Final. Your use of the Website Billing and Payment Services
constitutes your agreement to pay for any amounts which you authorize us to retain from
transactions and, as appropriate, charge to your credit card, bank account, or PayPal or
similar payment account. Such payments, once authorized, are final. When an Employer’s
Acceptance of Services has occurred, (i) Website shall have no further liability to any party
with respect to Payment for such services, (ii) Employer acknowledges that Website has
provided a complete service in respect of the payment made by Employer for the Assumed
Payment Liability or Invoice, as applicable and (iii) Employer hereby releases Website from
any and all liability with respect to such Payment.
Fraudulent Transactions; Erroneous or Duplicate Transactions; Charge Backs. Website
reserves the right to seek reimbursement from you, and you will reimburse Website, if
Website discovers a fraudulent transaction, erroneous or duplicate transaction, or if Website
receives a charge back or reversal from any Employer’s credit card company, bank, or PayPal
or similar entities for any reason. You agree to and acknowledge Website’s right to
investigate any and all transactions for fraud. Further, you agree to cooperate with any
reasonable requests made by Website in an effort to investigate fraud. You agree that Website
has the right to obtain such reimbursement by charging your Account, deducting amounts
from future transfers, charging your credit card or any bank account associated with your
Account, or obtaining reimbursement from you by any other lawful means, including using a
third-party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment shall be treated as material breach of these Terms of Services and you
shall be liable for payment of all the outstanding dues to the Website or the entity.
Currency. The Website Billing and Payment Services operate in INR (Indian Rupees) and
therefore Website is not responsible for currency fluctuations that occur when billing or
crediting a credit or debit card denominated in a currency other than INR (Indian Rupees),
nor is Website responsible for currency fluctuations that occur when receiving or sending
payment via wire transfer, check or automated clearinghouse to and from your bank account,
credit card account or PayPal or similar payment account.
Exclusivity and Non-Circumvention. Employers agree that they will make payment to the
consultant and Website as agreed during usage or availing the services. You also agree not to
take any action directly or indirectly to circumvent the Website or consultant Billing and
Payment Services or any associated fees. As a Freelancer you agree to use the website billing
and payment services to receive payments from Employers identified through the website. As
a Freelancer, you agree to use Website Billing and Payment Services to receive all payments,
which are agreed to be exclusively routed through the Website or entity, from Employers
identified through the Website, whether first-time, repeat, or follow-on. Additionally, you
agree not to circumvent the Website Billing and Payment Services or any associated fees.
Notification. As an Employer, you agree to notify Website immediately if your Freelancer
solicits payment from you outside the Website and circumvent any of the Website’s rights
and earning potentials legitimately due to it. As a Freelancer, you agree to notify Website
immediately if your Employer seeks to pay you outside the Website and circumvent any of
the website’s rights and earning potentials legitimately due to the website. If you are aware of
a breach of the foregoing prohibitions, or any potential circumvention of the Website Billing
and Payment Services, please submit a confidential report by contacting us.
Non-Solicitation: As an Employer you agree that you will not solicit any consultant or
freelancer, who provide their services to you via this Website, after the completion of the
Project or earlier termination of the Project by the you or the consultant / freelancer,
whichever is earlier. In case you as an Employer intend to avail the services of Freelancer /
Consultant again for another Project you agree to approach the Website and request for such
consultant or freelancer particularly. As a consultant or freelancer, you agree that you shall
not take up any new project with an Employer who availed your services through the Website
/ us. If Employer or the Consultant is in breach of this Non- Solicitation Clause and the same
comes to the our knowledge by whatever means then such Employer or Consultant shall be
liable to 25% of the project cost or 3 months salary of such freelancer or such consultant who
has been appointed as employee, whether on full time basis or part time basis, by the
Employer. Subsequently, such Employer and consultant Account with the Website will be
blocked, blacklisted or Website access shall be denied forever. We also reserve the right to
share such information in the industry on a precautionary note.
Agreement to Pay. If, for any reason, Website does not receive payment for any amounts that
you have authorized to be paid through your use of the Website Billing and Payment
Services, you agree to pay such amount immediately upon demand by Website. You also
agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by
Website in collecting from you the authorized but unpaid amount. In such case, Website may,
at its option, stop processing any further payments made by you and apply any amounts then
held by Website on your behalf toward any deficiencies, losses or costs that we have incurred
as a result of your use of the Website Billing and Payment Services. We may also make
appropriate reports to credit reporting agencies, financial institutions, tax agencies and law
enforcement authorities, and cooperate with them in any resulting investigation or
TERM, TERMINATION AND SUSPENSION
These Terms of Service shall become effective as your contractual agreement upon your
use of the Website, and shall continue until your Account is terminated by you or
Website as provided for under the terms of this section.
Unless otherwise agreed to in writing between the parties (i.e. between Freelancer /
Consultant and the Website or between the Website and the Employer) either part may
terminate the contractual agreement represented by these Terms of Service at any time
upon one month written notice to the other party. In such event, your Account is
automatically terminated and (1) Website shall continue to perform those services
necessary to complete any open transaction between you and another Registered User;
and (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of
the date of termination to Website for any service and to any Freelancer for any services.
Any termination of an Account will automatically lead to the termination of all related
Without limiting our other remedies, we may issue a warning, or temporarily suspend,
indefinitely suspend or terminate your Account or a Project, and refuse to provide any or
all services to you if: (1) you breach the letter or spirit of any terms and conditions of
these Terms of Service or the linked policies and information incorporated herein by
reference, including our written policies and procedures posted on the Website; (2) we
are unable to verify or authenticate any information you provide to us; or (3) we believe
in our sole discretion that your actions may cause legal liability for you, our Registered
Users or for Website or are contrary to the interests of the Website. Once indefinitely
suspended or terminated, you must not continue to use the Website under the same
Account, a different Account, or register under a new Account.
In addition, violations of these Terms of Service may be prosecuted to the fullest extent
of the law and may result in additional penalties and sanctions.
Without limiting our other remedies, to the extent you engage in actions or activities
which circumvent the Website Billing and Payment Services or otherwise reduce fees
owed Website under these Terms of Service, you must pay Website for all fees owed to
Website and reimburse Website for all losses and costs and reasonable expenses
(including attorney fees) related to investigating such breach and collecting such fees.
- When your Account is terminated for any reason, you may no longer have access to
data, messages, files and other material you keep on the Website. The material may be
deleted along with all your previous posts and proposals
PRIVACY AND CONFIDENTIALITY
Your use of the Website and the services provided therein and thereby is governed by the
the Website and may be updated from time to time. We may be required by law to disclose
information to government authorities, law enforcement agencies or third parties upon
subpoena, and you authorize us to disclose information as we believe, in our sole discretion,
is necessary or appropriate.
A. Website Content. Your use of the Website and the services provided therein and thereby is
governed by the terms of these Terms of Service and the Website IP Policy. It is your
responsibility to review the Website IP Policy, which is incorporated by reference, and we
suggest that you review the IP Policy and print a copy for yourself. The IP Policy is posted on
the Website and may be updated from time to time. B. Registered User Content. 1. You are
solely responsible for information posted on our Website, including but not limited to (a) any
audio, video or photographic content (collectively, “Multimedia Content”), (b) any posting or
listing made in any public message area, through any email feature or through Website’s
feedback feature (collectively, “Non-Multimedia Content”) and (c) any other content of a
personal nature including but not limited to your resume, biography, work history and work
product produced for another Registered User including Companies (“Personal Content”).
You retain ownership of all Multimedia Content and Personal Content, subject to the licenses
granted herein. 2. You hereby assign to Website your rights in any Non-Multimedia Content.
You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such
Multimedia Content for the purpose of advertising and publicizing Website products and
services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable
right to use the Personal Content for the purpose of providing Services. 3. Your information
must not: (a) infringe any third party’s rights, including but not limited to intellectual
property, publicity or privacy; (b) be defamatory, trade libellous, threatening or harassing;
nor (c) be obscene, indecent or contain pornography. 4. We do not endorse any information
posted by Registered Users and we are not liable for any such information posted on the
Website, including but not limited to any information posted about you. We reserve the right
to take any action, in our sole discretion, with respect to information posted on the Website
which we believe is inappropriate, including but not limited to termination of your Account.
However, we cannot, nor do we, control the information provided by you or other Registered
Users or other content providers which is made available through our system. Accuracy of
the information provided is your responsibility, and Website is solely dependent on
information fed by you about yourself and your skills, educational history, professional
history or any other information entered by you in the website forms or systems.
REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
- A. Registered User Representations and Warranties.
All Registered Users
represent, warrant, and agree: 1. to grant access to an Account only to users authorized to act
on behalf of the Registered User and only in accordance with these Terms of Service. 2. to be
fully responsible and liable for any action of any user who uses your Account. 3. not to use
Account, username, or password of another Registered User that you are not expressly
authorized to use. 4. not to allow any third party who is not authorized to do so to use your
Account at any time. 5. not to use any device, software or routine, including but not limited to
any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended
to damage or interfere with the operation of the Website or any transaction being conducted
through the Website. 6. not to intercept or expropriate any system, data or personal
information from the Website. 7. not to take any action that imposes an unreasonable or
disproportionately large load on the Website infrastructure, including but not limited to
“spam” or other such unsolicited mass emailing techniques. 8. that it has the right and
authority to enter into the Terms of Service and to transact business hereunder. 9. that they
are using the Website solely for the purpose of entering into a bona fide business transaction
with other Registered Users. 10. that they will not use the Website or its services to defraud
or mislead any person or entity, including without limitation Website or any Register User.
11. that they will not use the Website to violate any law or regulation under Indian law or any
international law or treaty. 12. that they are not a resident national of, or, an entity located in any country subject to economic sanctions imposed by the government of the India, 13. that
they will not post or write any statement, symbol, picture, photos or videos on any online
social media or any online platform which defames the Website reduces or dilutes the brand
name or branding of the Website or the Entity including its directors, employees, official or
- B. Warranty Disclaimer.
THE SERVICES PROVIDED BY WEBSITE OR OUR
THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE,
AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF
DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR
WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE
QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE
ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY.
SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING
LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME
OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- C. Limitation of Liability.
IN NO EVENT SHALL WE OR OUR THIRD-PARTY
SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER
FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE
DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED
TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF
GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, WE DO
NOT ASSUME ANY LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED
TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER
THEORY OF LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW
FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF
THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- D. General Release.
If you have a dispute with another Registered User, you release
Website (and our officers, directors, agents, subsidiaries, joint ventures and employees) from
claims, demands and damages (actual and consequential) of every kind and nature, known
and unknown, arising out of or in any way connected with such dispute
- E. Indemnity.
You agree to defend, hold harmless and indemnify Website from and
against any and all losses, costs, expenses, damages or other liabilities incurred by Website
from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding,demand or action brought by a third party against Website: (1) in connection with your use of
the Services including any payment obligations incurred through use of the Website Billing
and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to
supply credit information via the Website, including personal financial information; (c) your
decision to submit postings and accept offers from other Registered Users; (d) any breach of
contract or other claims made by Registered Users with which you conducted business
through the Website; (e) your breach of any provision of these Terms of Service; (f) any
liability arising from the tax treatment of payments or any portion thereof; (g) any negligent
or intentional wrongdoing by any Registered User; (h) any act or omission of yours with
respect to the payment of fees to any Freelancer; (i) your dispute of or failure to pay any
Invoice or any other Payment; or (j) your obligations to a Freelancer. Any such
indemnification shall be conditioned on our: (i) notifying you in writing of any such claim,
demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the
defence or settlement thereof; and (iii) allowing you to control such defence or settlement.
We shall be entitled to participate in such defence through our own counsel and such cost and
expenses should be equally borne between the you and the Website. We reserve the right to
report any wrongdoing of which we become aware to the applicable government agencies or
- F. Links.
The Website may contain links to third-party web sites not under the control or
operation of Website. When we provide links, we do so only as a convenience and do not
endorse and are not responsible for the content of any linked site or any link contained in a
- G. Data.
You are responsible for creation, storage, and backup of your business records.
These Terms of Service and any registration for or subsequent use of this Website will not be
construed as creating any responsibility on Website’s part to store, backup, retain, or grant
access to any information or data for any period.
DISPUTE RESOLUTION & ARBITRATION
Any controversy or claim arising out of or relating to this Terms of Service shall be settled by
way of mediation between the parties in dispute. The parties shall submit to mediation within 5
days of such dispute. The mediation shall be done by the authorized personnel of both the
parties and the dispute shall be resolved within 15 days from the date of initiation of mediation.
If the parties in dispute fail to resolve the dispute as per the time line mentioned in this clause
then the parties agree to resolve the dispute by way of binding arbitration in accordance with
laws of India as per the Indian Arbitration Act, 1996 as amended from time to time. The
Website or the entity shall appoint a sole arbitrator and all the proceedings of such arbitration
shall be conducted in English language. The place of arbitration shall be Navi Mumbai
(Maharashtra), India. The cost of arbitration shall be borne equally and mutually by the parties
in dispute. The arbitration award shall be binding on the parties.
MISCELLANEOUS TERMS AND CONDITIONS
- A. Compliance with Law.
You are responsible for compliance with applicable Indian
and international laws, regulation and treaties, keeping in mind that access to the contents of
this Website may not be legal for or by certain persons or in certain countries.
- B. Modification and Waiver.
Website will not be considered to have modified or waived
any of our rights or remedies under these Terms of Service unless the modification or waiver
is in writing and signed by an authorized representative of Website. No delay or omission by
Website in exercising its rights or remedies will impair its rights or be construed as a waiver.
Any single or partial exercise of a right or remedy will not preclude further exercise of any
other right or remedy.
- C. Severability. If any part of these Terms of Service is held to be unenforceable, the
unenforceable part will be given effect to the greatest extent possible and the remainder will
remain in full force and effect.
- D. Assignment or Transfer. You will not transfer, assign or delegate your rights or
obligations (including your Account) under these Terms of Service to anyone without the
express written permission of Website, and any attempt to do so will be null and void.
Website may assign these Terms of Service in its sole discretion.
- E. Force Majeure.
Except for the payment of fees to Website, neither of the parties to
these Terms of Service shall be responsible for the failure to perform or any delay in
performance of any obligation hereunder due to labor disturbances, accidents, fires, floods,
telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of
government, governmental requirements and regulations or restrictions imposed by law or
any other similar conditions beyond the reasonable control of such party. The time for
performance of such party shall be extended by the period of such delay.
- F. Notice.
All notices required or permitted to be given under these Terms of Service, shall
be in writing and shall be deemed to have been duly given if delivered personally or sent by
fax, telefax, email or mailed first-class, postage pre-paid, by registered or certified mail
(notices sent by telex or telefax, or email, shall be deemed to have been given on the date
sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in
If to Website: A-901, Plot No. 49/3, Jawahar Nagar CHS, Sector – 19A, Nerul, Navi
Mumbai, Maharashtra -400706. Or by email to - email@example.com.
If to Registered User: To the address associated with Registered User’s access or login
- G. Entire Terms of Service:.
These Terms of Service contains the final and entire
agreement and understanding between the Parties and is the complete and exclusive statement
of its terms. These Terms of Service supersedes all prior agreement and understandings,
whether oral or written, in connection therewith.
- H. Relationship:
Nothing contained in these Terms of Service shall constitute a
partnership or employment between the Parties or authorize any Party to act an agent of the
other except to the extent specifically agreed in writing.
- I. Survival:
All the provisions of these Terms of Service shall survive even after
termination of these Terms of Service for whatsoever reason, and continue in full force and
effect, except for any provisions that by their nature expire or are fully satisfied.
- J. Headings and Labels: The boldface paragraph headings in these Terms of Service are
included for ease of reference only and have no binding effect.
- K. Integration: These Terms of Service and all documents referenced in these Terms of
Service (including the policies listed and available by hyperlink) comprise the entire
agreement between you and Website with respect to the use of this Website and supersede all
prior agreements between the parties regarding the subject matter contained herein as well as
any conflicting or inconsistent terms in any Website that link to or are linked from the
- L. Compliant Resolution: Please feel free to contact Website to resolve a complaint
regarding any aspect of service relating to the Website by writing to the above address, or
contact us at connect @bizproworld.com.