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 agree to: (1) Abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) Be financially responsible for your use of the Website and the purchase or delivery of services; (3) Perform your obligations as specified by any Job Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. WINaTALENT.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
Job Agreement: The engagement, contracting and management of a Job are between a Client and a Freelancer. Upon acceptance of a Quote, the Client agrees to purchase, and the Freelancer agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the Job Agreement between Client and Freelancer including the Quote, Job Offer Description, and other terms and conditions as communicated between Client and Freelancer on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by WINaTALENT.com (collectively, the "Job Agreement"). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Job Agreement in conflict with these Terms of Service is void. Client is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Job Agreement in a timely manner. Freelancer is responsible for the performance and quality of the services in accordance with the Job Agreement in a timely manner. Client and Freelancer each covenants and agrees to act with good faith and fair dealing in performance of the Job Agreement.
Independence: Client 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 Client-employee relationship between Freelancer and Client or between WINaTALENT.com and any Client or Freelancer.
General: WINaTALENT.com is not a party to the dealing, contracting and fulfillment of any Job between a Client and a Freelancer. WINaTALENT.com has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of Job listings, the qualifications, background, or abilities of Registered Users, the ability of Freelancers to perform services, the ability of Clients to pay for services, or that a Client or Freelancer can or will actually complete a Job. WINaTALENT.com 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 a Client and a Freelancer. WINaTALENT.com will not provide any Freelancer with any materials or tools to complete any Job. Clients and Freelancers must look solely to the other for enforcement and performance of all the rights and obligations arising from Job Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
Third-Party Beneficiary of Job Agreement: Client 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 Job Agreement. Client and Freelancer therefore appoint WINaTALENT.com as a third-party beneficiary of their Job Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, WINaTALENT.com by these Terms of Service. Clients and Freelancers further agree that WINaTALENT.com has the right to take such actions with respect to the Job Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as WINaTALENT.com 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 WINaTALENT.com, except and solely to the extent expressly stated.
Taxes: Registered Users are responsible for payment and reporting of any taxes. Other than in connection with the 1099 Service, WINaTALENT.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by WINaTALENT.com. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law. In the event WINaTALENT.com receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, WINaTALENT.com will deem such receipt a breach of this section and will suspend your Account until WINaTALENT.com received an Internal Revenue Service Release.
WINaTALENT.com deducts one or more of the following fees, as applicable, from payments made by Clients to Freelancers using the WINaTALENT.com Billing and Payment Services:
1.Job Fee: WINaTALENT.com charges all Freelancers a Job Fee. The fee is based on a Freelancer's membership type and is deducted from the total amount paid by a Client for a Job.
2.Client Payment Handling Fee: When an Client pays a Freelancer, a Payment Handling Fee (2%) will be added to the invoice total.
3.Freelancer Transfer Method Fee: If, upon a Freelancer's request, funds are to be disbursed via a wire transfer or foreign exchange, a Freelancer Transfer Method Fee will be charged to the Freelancer.
4.Arbitration Service Fee: For use of Arbitration Services, irrespective of the nature of resolution and any resulting disbursements, WINaTALENT.com charges a Arbitration Service Fee, equal to the greater of twenty-five dollars ($25.00) and five percent (5%) of the total amount paid by an Client to WINaTALENT.com for the applicable Job to which such payment relates.
5.Client Withdraw Fee: When the Client withdraws funds from their cash account there is a withdrawal fee (3.5%). This fee will be subtracted from the amount withdrawn.
General: At an Client's request, upon payment to WINaTALENT.com by Client for services to be rendered by a Freelancer, WINaTALENT.com will assume responsibility for the payment for such Freelancer's services (less applicable Service Charge). WINaTALENT.com agrees not to pay Freelancers for services until after the occurrence of a Client's Acceptance of Services. You acknowledge that such funds will belong to WINaTALENT.com immediately upon such funds being transferred to WINaTALENT.com by you. However, WINaTALENT.com agrees to refund such funds to Client in the event that (a) a Freelancer acknowledges that services have not been completed or (b) Client and Freelancer have concluded the process comprising the Arbitration Service with a result indicating that Client is the rightful recipient of such funds. WINaTALENT.com agrees to keep both Client and Freelancer informed as to the status of the Assumed Payment Liability and if, for any reason, a party requests Arbitration Service regarding such status, will notify both parties that the matter will be addressed through the Arbitration Service.
SafePay Disputes: If an Client or Freelancer reasonably disputes the quality or completion of services provided by such Freelancer, then both Client and Freelancer agree that WINaTALENT.com shall have no payment obligations to any party related to relevant fees until such dispute is resolved in accordance with Section 6 below. WINaTALENT.com's obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such Payment.
General: To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if WINaTALENT.com determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, WINaTALENT.com has the right to refuse to process such request.
Hold on Transfers: WINaTALENT.com reserves the right, at its sole discretion, to place a hold on requested transfers if WINaTALENT.com suspects money may be subject to charge back, bank reversal, failure to clear or fraud. WINaTALENT.com will release a hold as soon as practical.
WINaTALENT.com is not your agent with respect to any funds that have been transferred to WINaTALENT.com for any Assumed Payment Liabilities.
Each Freelancer must properly discharge and credit Clients for all payments that WINaTALENT.com makes to such Freelancer in respect of services provided to such Clients.
WINaTALENT.com acts as a payment provider by creating, hosting, maintaining, and providing the WINaTALENT.com Billing and Payment Services to you via the Internet. WINaTALENT.com does not have any control over the services invoiced or paid for with the WINaTALENT.com Billing and Payment Services. Additionally, WINaTALENT.com does not control whether a Client or Freelancer will actually complete the underlying transaction. WINaTALENT.com 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 Job. Nothing in these Terms of Service will be deemed to constitute WINaTALENT.com 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 WINaTALENT.com Billing and Payment Services, you expressly acknowledge that a. WINaTALENT.com is not acting as a trustee or a fiduciary of Clients or Freelancers and that the WINaTALENT.com Billing and Payment Services are provided to Registered Users administratively; b. WINaTALENT.com is not a "financial institution" as defined under the Bank Secrecy Act (BSA) and the WINaTALENT.com Billing and Payment Services are payment services rather than a banking services; (c) WINaTALENT.com IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH WINaTALENT.com ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
1. Authorized Payments are Final: Your use of the WINaTALENT.com 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 account. Such payments, once authorized, are final. When a Client's Acceptance of Services has occurred, (i) WINaTALENT.com shall have no further liability to any party with respect to Payment for such services, (ii) Client acknowledges that WINaTALENT.com has provided a complete service in respect of the payment made by Client for the Assumed Payment Liability or Invoice, as applicable and (iii) Client hereby releases WINaTALENT.com from any and all liability with respect to such Payment.
2. Fraudulent Transactions: Erroneous or Duplicate Transactions; Chargebacks. WINaTALENT.com reserves the right to seek reimbursement from you, and you will reimburse WINaTALENT.com, if WINaTALENT.com discovers a fraudulent transaction, erroneous or duplicate transaction, or if WINaTALENT.com receives a chargeback or reversal from any Client's credit card company, bank, or PayPal for any reason. You agree to and acknowledge WINaTALENT.com's right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by WINaTALENT.com in an effort to investigate fraud. You agree that WINaTALENT.com 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 chargeback or a reversal of payment is cause for termination of your Account.
3. Currency: The WINaTALENT.com Billing and Payment operate in Euros and therefore WINaTALENT.com is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than Euros, nor is WINaTALENT.com 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 account.
4. Exclusivity and Non-Circumvention: Clients agree to use the WINaTALENT.com Billing and Payment Services to make all payments to Freelancers, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the WINaTALENT.com Billing and Payment Services or any associated fees. As a Freelancer, you agree to use WINaTALENT.com Billing and Payment Services to receive all payments from Clients identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the WINaTALENT.com Billing and Payment Services or any associated fees.
5. Notification: As a Client, you agree to notify WINaTALENT.com immediately if your Freelancer solicits payment from you outside the Website. As a Freelancer, you agree to notify WINaTALENT.com immediately if your Client seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the WINaTALENT.com Billing and Payment Services, please submit a report to WINaTALENT.com by phone at +372 6346102 or contact us.
6. Agreement to Pay: If, for any reason, WINaTALENT.com does not receive payment for any amounts that you have authorized to be paid through your use of the WINaTALENT.com Billing and Payment Services, you agree to pay such amount immediately upon demand by WINaTALENT.com. You also agree to pay any interest charges, attorneys' fees and other costs of collection incurred by WINaTALENT.com in collecting from you the authorized but unpaid amount. In such case, WINaTALENT.com may, at its option, stop processing any further payments made by you and apply any amounts then held by WINaTALENT.com on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the WINaTALENT.com 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 prosecution.
Arbitration: In any case where the Client and a Freelancer cannot mutually agree on the distribution of the funds in SafePay, you expressly agree to and acknowledge that WINaTALENT.com or a third party chosen by WINaTALENT.com will arbitrate the dispute in accordance with these Terms of Service and the Website.
1. Both parties shall pay the arbitration fee to WINaTALENT.com. This fee will be communicated to the parties after submission of the arbitration request. At the end of the process, only the prevailing party will get back this fee.
2. You acknowledge and agree that WINaTALENT.com will construe any Job Agreement based on the transaction's course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Job Agreement, (ii) the parties' course of dealings, as evidenced by activity on or communications through the Website, (iii) the Job itself and (iv) any information or communication that the Client and the Freelancer submit for review.
3. WINaTALENT.com shall render its decision within seven (7) days of the Arbitration being opened. During this time, you are encouraged to continue to negotiate an amicable settlement with each other.
4. You agree that the decision of WINaTALENT.com, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator's decision.
5. In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Job that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Job in your possession and destroy any electronic copies that you have.
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 WINaTALENT.com'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 WINaTALENT.com 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 WINaTALENT.com 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 libelous, 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.