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Terms of Service

Last revisions: 31 May 2022

These Terms of Service (the “Terms”) govern your use of the website www.workalike.com, and any subdomains (the “Website”), owned and run by SIA “Workalike”, a company duly incorporated in the Republic of Latvia, registration ID Nr. 40203327110, having its registered business address at Rūpniecības str. 21, K-2-17, Riga, Latvia, LV-1045 (“Workalike”, “we”, or “us”).

These Terms of Service, together with the Privacy Policy, and any guideline, policy or content displayed on the Website, is a binding contract between you (“User” or “you”) and Workalike.

By visiting or using our Website, registering as an Employer (Buyer of services) and/or Freelancer (Service provider), using our Services or downloading any materials from the Website, you unconditionally and irrevocably agree to be bound by these Terms of Service, Privacy Policy, and any guideline, policy or content displayed on the Website, all applicable laws and/or regulations, which may be in effect and modified by Workalike from time to time, and you agree that you are responsible for this compliance.

We reserve the right to unilaterally revise these Terms of Service and all linked content from time to time, in our sole discretion by updating this posting or any linked content. Unless otherwise indicated in a relevant revised version, the revised version shall enter into force immediately when posted. We will notify you about a new version using the contact details that you specified in your Account. By continuing to access or use the Website and Services, you are indicating that you agree to be bound by the revised version. If you do not agree to continue to use the Website and/or Services based on the revised version, you should cease to use our Website and/or Services.

1. DEFINITIONS

In these Terms of Service, the following capitalized terms have the following definitions:

Account means the account you open when you register on the Website.

Proposal(s) – means quotations for the amount that Freelancer would charge for a project and other details applicable for the provision of the Freelancer Services.

Employer –  means a User being an individual or company seeking to hire someone for a project and purchasing Freelancer Services through the Website.

Dispute Resolution – means the process to be followed by Employers and Freelancers under the Informal Dispute Resolution Section below.

Freelancer – means a User that offers and provides Freelancer Services or identifies as a Freelancer through the Website.

Freelancer Services –  means all services provided by Freelancers.

Freelancer Service Contract – means contract provided in Clause 12.

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 trademarks, 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.

Milestone Payment – means a prepayment made by the Employer for the provision of Freelancer Services under these Terms.

Services – Workalike services provided under these Terms and further defined in Clause 2.

User,  you  or your means an individual or company who visits or uses the Website and Services.

Workalike, our, or our means SIA “Workalike”, a company duly incorporated in the Republic of Latvia, registration ID Nr. 40203327110, having its registered business address at Rupniecibas str. 21, K-2-17, Riga, Latvia, LV-1045.

2. DESCRIPTION OF THE SERVICES

Workalike is a personalized online marketplace. Through the Website, we display Freelancer profiles and gather information received from Employers who post their projects and collect Freelancer proposals for those projects. Workalike will provide other related services in connection with the Employer’s and Freelancer’s relationships, including, without limitation, the following (jointly hereinafter referred to as the “Services”)

  • hosting and maintaining the Website;
  • providing a platform for interviews and project negotiations between Freelancers and Employers;
  • coordination in negotiating and signing Freelancer Service Contracts for the execution of the projects;
  • acting as an intermediary of settlements between Employers and Freelancers, and
  • coordinating disputes.

Workalike is not an owner or operator of project offers, Proposals and other content listed on the Website by an Employer or Freelancer, unless otherwise directly stated on the Website. Workalike does not own, post, amend, offer, provide, manage and/or control project offers, proposals and other content listed on the Website by an Employer or Freelancer. As a result of our Services, Employer and Freelancer enter into a direct (legally binding) contractual relationship with each other.

The project description and estimated budgets contained in the offers are based solely on the information provided by Employers. We do not verify any information provided by Employers and Freelancers and cannot guarantee that any information is accurate, complete and correct, nor can we be held liable for any errors, omission, interruptions (whether due to any breakdown, repair, upgrade or maintenance of our Website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Employer and Freelancer remains responsible at all times for the accuracy, completeness and correctness of any and all information displayed on our Website.

3. WORKALIKE DISCLAIMER

THIS WEBSITE DOES NOT CONSTITUTE AND SHALL NOT BE REGARDED AS A RECOMMENDATION OR ENDORSEMENT OF THE QUALITY, SERVICE LEVEL, QUALIFICATION OF OFFER, PROFILE, OR PROJECT DESCRIPTION DISPLAYED ON THE WEBSITE.

NOTHING ON THIS WEBSITE IS INTENDED TO BE NOR SHOULD BE CONSTRUED AS AN OFFER TO ENTER INTO A CONTRACTUAL RELATIONSHIP WITH A EMPLOYER OR FREELANCER, OR ANYONE ELSE, EXCEPT FOR THESE TERMS WHICH GOVERN THE RELATIONSHIP BETWEEN US ABOUT YOUR USE OF THE WEBSITE AND SERVICES.

IF YOU MAKE A CONTRACT WITH A THIRD PARTY WHO IS NAMED OR REFERRED TO ON THIS WEBSITE, IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE TERMS OF THAT CONTRACT ARE ACCEPTABLE TO YOU AND TO TAKE LEGAL ADVICE IF NECESSARY.

4. REGISTRATION OF THE ACCOUNT

To post a project, submit a proposal, access other features, and use our Services, Users have to register an Account. You can register an Account if you provide true, accurate, and complete information about yourself, and keep your Account information updated to maintain its truthfulness, accuracy, and completeness. Both Employer and Freelancer undergo the same account registration process.

We keep your personal data safe and confidential as described in the Privacy Policy.

Users shall be responsible for the security of their Account on the Website and keep their username and password confidential. You shall be solely responsible for any actions (and their consequences) in and with Services through your Account including any transactions made through it.

Each User shall have only one Employer and one Freelancer Account.

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

During registration, you will be asked to choose a username and password for the Account. As a 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 Workalike 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.

If you violate these Terms or otherwise create risk for us, we reserve our right to suspend the delivery of the Services in all or part to you. We reserve the right to suspend, terminate or delete your Account at any time at our sole discretion if we deem in our absolute discretion that you have not complied with our Terms or policies if we suspect you of misconduct and/or are investigating you for any suspected misconduct.

Should we disregard or ignore any breach by you of our Terms, such action does not constitute a waiver of our rights and we reserve our rights in this regard.

5. ELIGIBILITY

Our Website and Services are available only for independent businesses which cover self-employed individuals/sole proprietors or any entity legally recognized in your country of residence. When using our Website and Services, you represent and warrant that you will use the Website and Services for business purposes only and you do not violate any licensing or registration requirements concerning your business.

Further, you represent and warrant that you will use the Website and the Services if you:

  • can enter into legally binding contracts;
  • obtained any and all necessary authorizations (if applicable to you under any applicable law); or
  • are a duly incorporated legal entity or an individual over the age of 18; or
  • are not a person barred from receiving and rendering services under any applicable laws; or
  • are not suspended from using the Website and Services.

Users may use other Services available on the Website subject to their compliance with these Terms, and other guidelines and policies. We may add, delete or modify some or all of such Services at any time at our sole discretion with or without any notice to you.

6. USER PROFILE

When creating the Account, the User agrees to complete a relevant profile on the Website (the “Profile”). Your Profile will be visible and accessible by other Users and third parties unless you change your privacy settings.

We will assist you in creating a Profile which sufficiently reflects your professional knowledge and experience and corresponds to the overall concept and quality of the Website. By doing this we might ask you to submit us additional professional information about yourself and add this information to your Account from the backend of the Website. We might restrict your Profile to appear on the Website until information about your professional qualities is complete to our satisfaction.

If an Account is inactive for the past 12 months, Workalike has the right to suspend the Account.

7. KYC PROCEDURE

Workalike takes steps to identify Users and verify whether they are who they say they are. We may request and obtain documentary evidence, and/or any other information reasonably required to confirm the legal standings of a legal entity and/or the rights to represent an entity, and/or to confirm the identification of a User. Such documentary evidence may include, without limitation:

  • full name of a User;
  • a scanned copy of an official, government-issued document which confirms a User’s identity (e.g. passport or ID);
  • confirmation of a residential address (e.g. utility bill, bank statements, and other official documents);
  • phone number;
  • profile photo which is similar to a photo in a personal ID;
  • for legal entities – company name, registration number, business address, copy of any document confirming legal and/or tax status in the country of residence 
  • a link to a profile on the social network.

If we have any doubts about a User’s identity, Workalike will request additional documents and/or terminate any deals with such User. When requested, you must provide us with information about you, and your business and confirm your financial accounts, subject to applicable law.

8. EMPLOYER ACCOUNT

Upon registration of the Employer account on the Website, the Employer may use certain available features of the Website applicable to the Employer. In particular, without limitation, the Employer has the right to:

  • create one Profile with valid information about itself;
  • post-project offers;
  • search for Freelancers;
  • arrange interviews and hire Freelancers;
  • manage projects;
  • leave feedback for Freelancers; and
  • pay Freelancers.

9. FREELANCER ACCOUNT

Upon registration of the Freelancer account on the Website, the Freelancer may use certain available features of the Website applicable to the Freelancer. In particular, without limitation, the Freelancer has the right to:

  • create one profile with valid, correct and true information about itself, education, previous work experience, location and other information;
  • offer its services and submit Proposals on a project offer;
  • arrange interviews and obtain a job;
  • receive payment from the Employer for the performed job;
  • obtain feedback from relevant Employers and leave feedback about the Employer.

10. COMMUNICATING WITH OTHER USERS

When posting project offers, leaving your feedback and otherwise communicating with Users, please follow these basics:

  • Post your project with sufficient details about your proposed project;
  • Offer your services if you are sure that you have all the required skills;
  • Be clear and use accurate grammar and spelling;
  • Use tact and be objective when posting your feedback and other messages;
  • Do not personally insult another User;
  • Do not behave in any way that would cause annoyance or distress to other Users;

Workalike reserves the right to:

  • edit or delete any communication as it deems necessary;
  • ask the User to provide additional information for confirmation of feedback; and/or
  • suspend, terminate or delete an Account if Workalike has reasonable grounds to believe that the User has breached any of these restrictions.

11. POSTING A PROJECT OFFER AND INTERVIEWS

To find a Freelancer, the Employer describes and places its project offer in the appropriate category on the Website.

The website might allow e-mail notifications on new project placement to be sent to Freelancers working in a particular project category.

Upon receiving or seeing a project offered on the Website, Freelancers can make a Proposal or suggest a counteroffer to the Employer. Any further communication between Employer and Freelancer about the project shall only take place after notifying Workalike as provided in the functionality of the Website. The interviews, including online interviews, will be coordinated by Workalike without unreasonable delay.

The representatives of Workalike may participate in any interviews or pre-contract negotiations. Employer and Freelancer are prohibited to communicate with each other outside the Website or by means not established by the Workalike until Service Contract provided for in Clause 12 below has come into force.

12. SERVICE CONTRACT BETWEEN EMPLOYER, FREELANCER AND WORKALIKE

Once the Employer and Freelancers agree to work on the project, they jointly with Workalike should enter into the Service Contract.

The Service contract will contain two parts – General conditions and Special conditions.

General conditions among others will provide for payment conditions as well as ensure the reference of the Service Contract to the relations established under these Terms of Service. The specimen of the General conditions is attached to these Terms.

Special conditions will detail the specific project-related conditions and will be negotiated on a case-by-case basis.

Entering into the Service Contract does not affect the rights and obligations of each party provided for in these Terms. In case of conflict between Terms of Service and Service Contract, the Service Contract conditions shall prevail.

For the avoidance of doubt, neither opening of the Account, posting the Project nor commencement of the interviews or negotiations on the Service Contracts provide for the obligation of the Employer or Freelance to compensate each other or Workalike for any costs or fees.

13. PAYMENTS

The payments for the Freelancer services under the Service Contract together with any Workalike service fees are firstly payable to Workalike which will hold these funds until the full scope of services or the stage of service to which the payment relates is complete and Employers accepts the release of the payment to the Freelancer. As a standard practice, we would require that at least one month of Freelancer work is fully prepaid by the Employer.

All payments are made to a separate bank account of Workalike which is only maintained for the settlements between Employers and Freelancers.

14. FEES

We charge the following fees – Service fee, Refund fee, Dispute resolution fee and Opt-out fee. When you sign the Service Contract you will have an opportunity to review and accept the fees that you will be charged.

We may change our fees from time to time and will update you by placing the relevant information on our Website. The change of fees will not affect the fees provided for in the Service Contracts in force at the moment of the change.

Service fee

  • Freelancer is obliged to pay Workalike a Service fee of 10% from the value of the Project agreed with the Employer. The service fee is deducted by Workalike from the amounts paid to the Freelancer.
  • The Employer is obliged to pay Workalike a Service fee of 10% from the value of the Project Services agreed with the Employer. The service is paid by the Employer on top of the amounts paid into the Workalike account.
  • Workalike is entitled to the service fee provided above only upon completion of the Freelancers Service or stage of the Freelancers Service and receipt of the instruction of the Employer to release the funds to the Freelancer.

Refund fee

  • In the event of a refund on monies paid to Workalike for Freelancer services, Workalike will claim a 2% Refund fee to cover the cost of processing such refunds.
  • For the avoidance of doubt, without affecting the right to apply the Refund fee, in case Workalike refunds the Employer the prepaid amount for the Freelancer services, such refunds apply also to the portion of the Service fee included in the payment.
  • In case of part of the funds paid to Workalike is refunded back to the Employer (as the result of dispute resolution for instance) the refund fees are not applied and the Service fee is applied to the amount released to the Freelancer.

Dispute resolution fee

  • The dispute resolution fee is 5% of the total value of the Project and is payable per Clause 32 below.

Opt-out fee

  • The Employer who enters into any service or employment agreement with the Freelancer during (a) the period when both have active Accounts on the Website or (b) during the Non-Circumvention Period (Clause 20 below) should pay us the Opt-out fee of EUR 7,500 plus VAT. The fee is payable within 10 business days after receipt of the Workalike invoice and failure to pay it timely attracts an annual interest of 36%. This obligation also applies to the service agreement entered into with the company in which Freelancer has an interest.

15. COLLECTING FINANCIAL INFORMATION AND SECURITY

While joining our Website and creating an Account, we may collect some billing information, including bank account numbers, other bank details and similar. We will not be collecting any credit card information.

By providing a payment method information through the Website, you represent and warrant that: (a) you are legally authorized to provide such information to us; (b) you are legally authorized to perform payments using the payment method(s), and (c) such action does not violate the terms and conditions applicable to your use of such payment method(s) or applicable law.

16. TAXES

Each User will be solely liable for determining whether the User is required by the applicable law to pay any taxes or similar charges in relation to these Terms and Service Contract(s) and paying all such taxes and other charges to the appropriate authorities.

Project values, hourly rates displayed on the Website and project proposals should be quoted by excluding any applicable value-added tax (VAT). The Service Contracts agreed between the Employer and Freelances will specify the application of VAT depending on the jurisdiction of the parties, their VAT status and/or location of the property in relation to which the Freelancer services are performed.

In the event of an audit of Workalike, Freelancer agrees to promptly cooperate with Workalike and provide copies of Freelancer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Freelancer is engaging in an independent business as represented to Workalike.

17. HOLDING PAYMENTS TO FREELANCERS

Unless otherwise provided by applicable law, Workalike reserves the right to put on hold any payment due to the Freelancer in the following circumstances:

  • Workalike has any reasons to believe that the Freelancer is involved in fraud;
  • Workalike requires any additional information from the Freelancer, including tax information, ID confirmation, financial information or any other information it deems to be necessary under the applicable law or these Terms;
  • Any dispute between the Employer and Freelancer and/or Workalike and Freelancer;
  • If required by applicable law.

18. CURRENCY

Unless agreed otherwise, all payments under these Terms and Service Contract(s) will be performed in EUR.

19. BANK FEES

As an Employer, you will have to cover all bank fees when paying the funds to the Workalike account.

Workalike will deduct the bank fees from any payments it releases to the Freelancer.

20. NON-CIRCUMVENTION

You acknowledge and agree that all the compensation Workalike receives for making the Website and other services available to you are the fees described in the subsection titled “Fees” above.

You further acknowledge and agree that the Workalike only collects the Service fee when an Employer and a Freelancer pay and receive payment through us. Therefore, in consideration for Workalike making the Website available, for a certain time (the “Non-Circumvention Period”) you must use the Website and Workalike as your exclusive method to hire the Freelancers having the Account with us and offer your services to Employers having the account with us (the “Workalike Relationship”).

The Non-Circumvention period begins when at least one party in the intended relationship deletes their Account on the Website and lasts:

  • for 3 months if both parties in the intended relationship are based in the same country, or
  • for 12 months if parties in the intended relationship are based in different countries.

For the purposes of these Terms, the intended relationship is established before deletion of the Account (a) either by the Freelancer making a Proposal to the project posted by the Employer or (b) by the Employer requesting an interview with the Freelancer whichever of these events happens earlier.

In case if for any reason it is not clear which country the parties are based in, the Non-Circumvention Period lasts for 12 months.

21. CONTRACTUAL RELATIONSHIPS BETWEEN EMPLOYER AND FREELANCER

Unless otherwise agreed in the Service Contract, all Freelancer Services shall be performed by the Freelancer. If agreed with the Employer that the Freelancer may subcontract with or employ third parties, the Freelancer shall be responsible for such third parties and shall ensure that any such third parties comply with these Terms, contractual relationships between the Employer and Freelancer and other applicable policies of Workalike. The Freelancer shall be solely responsible for all payments, obligations, wages, costs, unemployment insurance, workers’ compensation insurance, and contributions of any third parties subcontracted or engaged by the Freelancer.

The Freelancer shall be solely responsible for paying its operating expenses and for maintaining its own offices, equipment, tools and other items necessary for delivering Freelancer Service.

The Employer and Freelancer represent and warrant that: (a) the Employer is solely responsible for all payments, obligations, wages, costs, and expenses associated with the Freelancer Services; (b) Workalike cannot supervise or control the Freelancer; and (c) the Freelancer will not have any claim under these Terms for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, contributions, or any other employee benefits of any kind from Workalike or Employer.

The Users understand and agree that Workalike only provides a platform on which the Employer and the Freelancer may use the Services. Workalike is neither provider nor agent of Freelancer Services and does not act as the representative of the Employer in his relationship with a Freelancer. As a result, Workalike and its employees will not be held responsible for default of Employer and/or Freelancer against each other under the obligations arising out of these Terms, Service Contract or any other written or oral agreement made by them.

22. USER’S INTELLECTUAL PROPERTY RIGHTS

The Freelancer agrees to disclose to the Employer any background technology (if any) which the Freelancer proposes to incorporate into the work product or upon which use or distribution of the work product will depend. The background technology may include all inventions developed by the Freelancer other than in the course of providing the Freelancer Service to the Employer and all inventions that the Freelancer incorporates into the work product.

Upon receipt of payment from the Employer, the Freelancer hereby automatically grants to the Employer a non-exclusive, perpetual, fully-paid and royalty-free, irrevocable and worldwide right, with rights to sublicense through multiple levels of sublicenses, to reproduce, make derivative works of, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, have made, use, sell, import, offer for sale, and exercise any and all present or future rights in the background technology incorporated or used in work product.

The Employer grants the Freelancer a limited, non-exclusive, revocable (at any time, at Employer’s sole discretion) right to use the materials of the Employer as necessary solely for the performance of the Freelancer Services under the contractual obligations between the Employer and Freelancer. The Employer reserves all other rights and interests, including, without limitation, all Intellectual Property Rights, in and to the materials of the Employer.

Upon receipt of full payment from the Employer, the work product, including without limitation all Intellectual Property Rights in the work product, will be the sole and exclusive property of the Employer, and the Employer will be deemed to be the author thereof. If the Freelancer has any Intellectual Property Rights to the work product that are not owned by the Employer upon Freelancer’s receipt of payment from the Employer, the Freelancer hereby automatically irrevocably assigns to the Employer all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, the Freelancer retains no rights to use, and will not challenge the validity of the Employer’s ownership in such Intellectual Property Rights. The Freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the work product.

If the Freelancer has any right to the work product, including without limitation any Intellectual Property Right, that cannot be assigned to the Employer by the Freelancer, the Freelancer hereby automatically, upon the Freelancer’s receipt of full payment from Employer, unconditionally and irrevocably grants to Employer during the term of such rights, an exclusive, even as to the Freelancer, irrevocable, perpetual, worldwide, fully-paid and royalty-free license to such rights, with rights to sublicense through multiple levels of sublicenses, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale and exercise any and all such rights. If the Freelancer has any rights to such work product that cannot be assigned or licensed, the Freelancer hereby automatically, upon Freelancer’s receipt of payment from Employer, unconditionally and irrevocably waives the enforcement of such rights, and all claims and causes of action of any kind against Employer or related to Employer’s customers, concerning such rights, and will, at Employer’s request and expense, consent to and join in any action to enforce such rights.

The Freelancer will assist the Employer in every way, including by signing any documents or instruments reasonably required, both during and after the term of these Terms, to obtain and enforce Intellectual Property Rights relating to work products in all countries. In the event Employer is unable, after reasonable effort, to secure Freelancer’s signature on any document needed in connection with the foregoing, the Freelancer hereby designates and appoints Employer and its duly authorized officers and agents as its agent and attorney to act on its behalf to further the purposes of this Section with the same legal force and effect as if executed by the Freelancer.

Notwithstanding any other provision in these Terms, Freelancer and its employees shall be free to apply their general skills, know-how and expertise and to use, disclose and employ any generalized knowledge, techniques or skills acquired in the course of an assignment, so long as such this involves no use or disclosure of proprietary information, work product or confidential information.

23. PROPRIETARY RIGHTS

Workalike is the sole owner and lawful licensee of all rights, titles and interests available on the Website as well as the software required for our Services. You acknowledge and agree that the Website and Services contain proprietary and confidential information that is protected by applicable intellectual property and other worldwide laws. All title, ownership and intellectual property rights on the Website and its content shall remain with Workalike, our affiliates or licensors of the Website content, as the case may be. All rights not otherwise claimed under these Terms or by Workalike are hereby reserved.

You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks (whether registered or being under registration), service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Workalike or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such content or the Website, in whole or in part.

We may use the services of third parties involved in the provision of the Services. You may not violate proprietary rights and use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

24. USE OF THE WEBSITE

As a condition of your use of the Website you explicitly agree not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Workalike. The following conduct is not an exclusive list but is meant to provide examples of prohibited conduct. By creating the Account and accessing the Website, you agree not to use the Services in any of the following ways:

  • To abuse, harass, threaten, impersonate or intimidate any person.
  • To post or transmit, or cause to be posted or transmitted, any User Content (as defined below) that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes on any copyright or other right of any person.
  • For any purpose that is prohibited by the laws of the jurisdiction where you use the Services.
  • To post or transmit, or cause to be posted or transmitted, any communication or solicitation to another user that is designed or intended to obtain the other user’s password, account, or private information.
  • To create or transmit unwanted ‘spam’ to any person or any URL address.
  • To create more than one Freelancer and one Employer Account.
  • To post any copyrighted Content or User Content.
  • To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services to contact, advertise to, solicit, or sell to any user without their prior explicit written consent.
  • To promote or sell any Content or User Content owned by another person.
  • To sell or transfer your profile to another person.
  • To fail to deliver payment for Freelancer Services delivered to you, unless the Freelancer has materially changed the Proposal or a clear typographical error is made;
  • To fail to deliver project deliverables purchased from you, unless the Employer fails to meet the terms, materially alters the terms of the job from the listing.

Further, all Users agree that they will not engage in any of the following conduct:

  • posting any information and/or data or accessing the Website using automated methods (such as, but not limited to, harvesting bots, robots, spiders, or scrapers) without our written permission.
  • using the Services in a manner contrary to the use we have authorized such as, but not limited to, interfering with the Services.
  • soliciting login information and/or accessing an account belonging to someone else;
  • use the Website in any way or take any action that could harm, disable, overburden or otherwise impair performance, availability or accessibility of the Website.
  • accessing the Website through a method other than the interface and the instructions that we have provided.
  • reproduce, download, send, sell, resell, transmit or otherwise post and/or distribute unauthorized advertising information, spam (including spamdexing), lists of e-mail addresses of other people, pyramid schemes, multilevel marketing (MLM), Internet earning systems and e-mail businesses, chain letters as well as use the Website for participation in any of the above.
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
  • any actions that could disable, overburden, or impair the proper working of the Website, such as a denial-of-service attack;
  • the uploading of viruses and/or other malicious code facilitating, promoting and/or encouraging any violations of our Terms.

We do not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any services or works provided by Freelancers, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users.

When interacting with Freelancers you should exercise caution and common sense to protect your intellectual property, just as you would when interacting with other persons whom you don’t know.

You are solely responsible for all of your actions on the Website, including any interactions with other Users. Workalike reserves the right but does not have an obligation, to monitor disputes between you and other users.

By creating an account with us you consent to your agreement to receive all system or our team generated emails including alerts, system and user notifications as well as invitations to interviews. You will not be able to unsubscribe to these services other than by deleting your Account.

25. USER CONTENT

Each User assumes all responsibility for all User Content that he or she posts on the Website, including, without limitation, any posting you make on the Website (the “User Content). Through your use of the Website, you acknowledge and agree that you are entirely responsible for all User Content that you post, or otherwise submit to the Website. Workalike does not control the User Content. Workalike does not guarantee the accuracy, integrity or quality of any User Content. You understand that by using the Website you may be exposed to the User Content that is offensive, or otherwise objectionable.

By submitting the User Content, you grant Workalike the full, perpetual, free, transferable and irrevocable rights to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display and perform, transmit, stream, broadcast, access, view and otherwise exploit submitted user content, including your name, on the Website.

Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Website and Services or you have all rights, licenses, consents and releases that are necessary to grant to Workalike the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or use of the content of the Website (or any portion thereof) on, through or using the Website and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

26. RELEASE AND INDEMNITY

Through your use of the Website you expressly and irrevocably release and forever discharge Workalike and our directors, officers, employees, agents, representatives, contractors, licensees, successors and assigns from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you have ever had, now have, or hereafter may have, for or arising directly or indirectly out of your use of the Website and Services.

You hereby agree to indemnify and hold harmless Workalike and our directors, officers, employees, agents, representatives, contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Website, (iii) the use of the Services, by you or any person using your Account or username and password, (iv) the sale or use of the Services, or (v) any violation of any rights of a third party.

27. LIMITATION OF LIABILITY

In no event shall Workalike be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the Website, the Services or any content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) to provide substitute goods or services.

28. DURATION AND TERMINATION

These Terms will remain in full force and effect while you use the Website or Services.

We reserve the right to restrict your access, temporarily or indefinitely block your Account, stop any projects you have in progress, warn other Employers or/and Freelancers of your actions or issue you a warning if:

  • you breach these Terms or other policies.
  • we are unable to verify or authenticate any information you provide to us.
  • we believe that your actions may cause any loss or liability to our Users or us.
  • we suspect or become aware that you have provided false or misleading information to us; or
  • we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, us or our affiliates; may be contrary to the interests of the Website or the User community, or may involve illicit activity.

Once your Account is suspended or closed, you must not continue to use the Website under the same Account or a different Account without our prior written consent. Without limiting our other remedies, if you engage in actions or activities that circumvent the Website or otherwise reduce Fees owed to us under these Terms, you must pay us for all fees owed to us and reimburse us for all losses and costs (including any and all time incurred by employees of us) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of these Terms may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.

Users who wish to terminate their Account may simply stop using the Services or may contact us with instructions to delete the Account.

Any terms and conditions of these Terms that may survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

It is your responsibility to back up all Content from your Account before termination. When your Account is terminated, we will automatically remove all Content posted to your Account.

29. CHANGE

Workalike reserves the right, at its sole discretion, to eliminate, modify or replace any of the terms and conditions in these Terms at any time. If an alteration constitutes a material change to the Terms, Workalike will notify Users by posting an announcement on the Website. Workalike will determine what constitutes a material change at its sole discretion. Users are solely responsible for reviewing and becoming familiar with any modifications to the Terms. Using any service or viewing any content following notification of a material change to the Terms shall constitute your acceptance of the revised Terms.

30. COMMUNICATIONS

By registering for an Account, you consent to electronically receive and access, via email or the Website, all records and notices for the services provided to you under these Terms that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via mail services using the address under which your Account is registered.

31. APPLICABLE LAW

These Terms shall be governed by and construed in accordance with normative regulations of the Republic of Latvia. Any dispute arising out of or relating to these Terms shall be settled in accordance with the rules of procedure adopted by the Court of Arbitration of the Latvian Chamber of Commerce and Industry (LCCI).

Notwithstanding the specified agreement on jurisdiction, the User and Workalike shall, if any dispute arises, attempt to settle it by mutual negotiations.

32. INFORMAL DISPUTE RESOLUTION BETWEEN USERS

Workalike will only solve disputes related to the release of funds paid by Employer for Freelancer Services.

To initiate such dispute with another User, a User shall give notice in writing to Workalike to the dispute requesting a negotiation and submit necessary details and/or documentation to support and explain in reasonable details its basis for dispute.

We will review your notice within 21 (twenty) calendar days and provide you with the answer.

Workalike will fairly and reasonably consider the details from both sides (unless one of the Users fails to submit any details) and resolve the issue on fund release (full refund, partial refund, etc.) and to whom the release shall be funded.

Workalike will charge a 5% fee for informal dispute resolution between the Users. Such fee shall be payable equally by Employer and Freelancer.

33. MISCELLANEOUS

Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee or any other relations not directly stated in these Terms.

If any provision of these Terms is held to be invalid, non-binding or unenforceable, the remaining provisions shall remain valid and be enforced. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.

These Terms constitute the entire and exclusive understanding and agreement between you and Workalike regarding the Website and Services.

You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Workalike. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Workalike may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

The failure of Workalike to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

For your convenience, these Terms may be translated into several languages. Such translation is provided for convenience only. In case of any discrepancy between the English language version and translated versions, the English language version shall prevail.

Workalike may disclose the User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of legal action, and Workalike shall not be liable for damages or results thereof and the User agrees not to bring any action or claim against Workalike for such disclosure.