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Findworka is an online marketplace for digital services and gigs, where
customers find and connect with diverse qualified freelance experts in
Africa in the most affordable, timely and secured manner.
The following terms and conditions ( "Terms of Service"), govern your access to and use of the Findworka website, including any content, functionality and services offered on or through www.findworka.com (the "Site"), by Bakaray Integrated Services Ltd.
This Site is offered and available to users who are 18 years of age or
older. If you are under 18 you may not use this Site or the Findworka
services. By using this Site, you represent and warrant that you are of
legal age to form a binding contract with the Company and meet all of
the foregoing eligibility requirements. If you do not meet all of these
requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by calling +234-817-161-1434 or send us mail at email@example.com
Findworka is all about helping Service providers leverage their skills. We seek to empower top performing Service providers with helpful tools to grow their business. Service providers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Findworka may reward them with new statuses, special opportunities, benefits, and tools that come with it.
· Findworka Service providers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.· Advancement in Levels are updated periodically by an automated system. · The current Levels a Service provider can achieve are, Level 1, 2, and Top Rated.
· Service providers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Service provider status and the benefits that come with it. For example, late deliveries, warnings to the Service provider’s account and cancellations can cause a Service provider to move to a different Level.
· Advanced levels provide their owners with additional benefits.2.3 Top Rated Service providers
· Top Rated eligibility is constantly evaluated by Findworka to ensure that the quality standards of the Top Rated selection is kept. Top Rated Service providers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, or violate our Terms of Service risk losing their Top Rated status and the benefits that come with it.2.4 Custom Offer
· Service providers can also send Custom Offers addressing specific requirements of a Client. Custom Offers are defined by the Service provider with the exact description of the service, the price and the time expected to deliver the service.
· Custom Offers are sent from the conversation page.2.5 Withdrawing Revenues
· To withdraw your revenue, you must have an account with at least one of Nigerian banks. (We will scale this very soon).
· Your Findworka profile can be associated with only one account from each Nigerian banks. A withdrawal provider account can be associated with only one Findworka profile.
· Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
· To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process.
· Withdrawals can only be made in the amount available to you.
· Withdrawal fees vary depending on the withdrawal provider method.
· Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
You may not offer Service providers to pay, or make payment using any method other than through the Findworka.com site.
· Findworka retains the right to use all published delivered works for Findworka marketing and promotional purposes.
· Clients may request a specific service from the Post a Request feature found from the site. Services requested on Findworka must be an allowed service on Findworka. Please click here for guidelines on approved services.
· Clients pay Findworka to create an order from a Service provider’s page, through the Hire Now button.
· In addition Clients can request a Custom Order which addresses specific Client requirements, and receive a Custom Offer from Service providers through the site or through Post a Request.
· Deals may be purchased using a Credit Card, Findworka Credit, and only in Nigeria.
· Payment processing fees are 1.9% + ₦100 For Local Cards and 3.9% + ₦100 for International Cards.
· Processing fees are added at the time of purchase where a Client can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees. When purchasing from your Service provider's balance (i.e. out of your earned revenues) or Client's shopping balance (resulting from any credits or refunds) you will not be charged a processing fee. Funds returned to your balance from cancelled orders will not include processing fees paid.
· If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase, but only in the event that your balance covers the entire purchase amount.
· You may not offer Service providers to pay, or make payment using any method other than through the Findworka.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
· Once payment is confirmed, your order will be created and given a unique order number.
· Service providers must deliver completed files and/or proof of work using the Send Files button (located on the Message/Conversations page) according to the service that was purchased and advertised on their Deal.
· Using the Mark as Completed button may not be abused by Service providers to circumvent Order guidelines described in this Terms of Service. Using the “Mark as Completed” button when an order was not fulfilled may result in a cancellation of that order after review, affect the Service provider’s rating and result in a warning to Service provider.
· An order is marked as complete after the order is marked as Delivered and then rated by a Client. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
· We encourage our Clients and Service providers to try and settle conflicts amongst themselves, including by using the Help Center tab in the order page. If for any reason this fails, users can contact Findworka's customer support department for assistance here.
4.2 Handling Orders
· When a Client orders a Gig, the Service provider is notified by email as well as notifications on the site while logged into the account.
· Service providers are required to meet the delivery time they specified when creating their Gigs. Failing to do so will allow the Client to cancel the order when an order is marked as late and may harm the Service provider's rating.
· Service providers must send completed files and/or proof of work using the Send Files button (located on the Message/Conversations page) to mark the order as Delivered.
· Users are responsible for scanning all transferred files for viruses and malware. Findworka will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
· A Service provider may cancel an order without the Client's consent at any given moment (Force Cancellation). However, this will have a negative effect on the Service provider's rating.
· Feedback reviews provided by Clients while completing an order are an essential part of Findworka's rating system. Reviews demonstrate the Client's overall experience with the Service providers and their service. Clients are encouraged to communicate to the Service provider any concerns experienced during their active order in regards to the service provided by the Service provider.
· Leaving a Client's feedback is a basic prerogative of a Client. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
· To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Findworka platform from users within our Community. Purchases arranged, determined to artificially enhance Service provider ratings, or to abuse the Findworka platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
· Feedback comments given by Clients are publicly displayed on a Service provider’s Gig page. Clients have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
· Work Samples are the delivered images and videos sent to a Client in a delivery message. Work Samples are added to a Service providers’ Live Portfolio on their Gig page if the Client chooses to publish the Work Sample while providing a public feedback review.
· Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited.
· Responding and posting a review: Once work is delivered, the Client has three days to respond and post a review (or 14 days for Gigs with shipping). If no response is provided within the response period, the order will be considered completed.
· Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.
· Some of the services on Findworka are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, Service providers may decide to add shipping charges. Service providers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
· Important: Clients who order Gigs that require physical delivery, will be asked to provide a shipping address.
· Service providers are responsible for all shipping arrangements once the Client provides the shipping address.
· Findworka does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
· A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your work.
4.5 Disputes and Cancellations
· We encourage our Clients and Service providers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Findworka's Customer Support department for assistance here.
· Order cancellations (when eligible) can be performed by Customer Support only up to a period of 13 days from order completion date. We will not cancel orders after that time.
· Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
· In the event of a dispute, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter by working it out with the Service provider or if not possible contact customer support for a resolution.
· Eligibility to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Findworka delivery system.
· Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Service provider if the service was rendered as described in the Gig page. Clients may rate their experience with the Service provider on the order page, including the overall level of service quality received.
· Findworka reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
· Findworka does not refund payments made for cancelled orders back to your payment provider automatically. Funds from order cancellations are refunded to the Client's balance as credit and are available for future purchases on Findworka. Funds returned to your balance from cancelled orders will not include processing fees paid.
· Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will be refunded along with your deposit.
4.7 Commercial Use License
By purchasing a “Commercial Use License” with your order, the Service provider grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Findworka’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Service provider nor Findworka will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
5.1 You agree that you will DO:
· Provide accurate information to us and keep it updated;
· Use your real names on your profile where first name and last name indicates;
· Use the Services in compliance to the legal regulations and all applicable laws
5.2 You agree that you will NOT:
5.3 Termination of User
If we believe you are abusing findworka service and users in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
5.4 Privacy of Others
If findworka provides you with information about another member, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
6.0 Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FINDWORKA NOR ANY PERSON ASSOCIATED WITH FINDWORKA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6.1 Limitation on Liability
In no event will findworka, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6.2 USER CONDUCT/GUIDE
6.3 Reporting Violations
Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Findworka community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Findworka’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Findworka. This includes creating new multiple accounts to harass members through our message or ordering system.
7.0 General Terms
Findworka reserves the right to put any account on hold or permanently
disable accounts due to breach of these terms of service or due to any
illegal or inappropriate use of the Site or services.
Violation of Findworka's Terms of Service may get your account disabled
Users with disabled accounts will not be able to sell or buy on
Users who have violated our Terms of Service and had their account
disabled may contact our Customer Support team for more information
surrounding the violation and status of the account.
Users have the option to enable account Security features to protect
their account from any unauthorized usage.
Users must be able to verify their account ownership through Customer
Support by providing materials that prove ownership of that account.
Service providers will be able to withdraw their revenues from disabled
accounts after a safety period of 45 days, from the day of the last
cleared payment received in their account and subject to Findworka's
7.1 User Generated Content
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Findworka by our users (Clients and Service providers) is User Generated Content. Findworka does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled. Furthermore, Findworka is not responsible for the content, quality or the level of service provided by the Service providers. We provide no warranty with respect to the Services or Deals, their delivery, and any communications between Clients and Service providers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Deals and service offers. By offering a service, the Service provider undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Findworka. Service providers advertising their Gig online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig and may lead to the suspension of Service provider's account. For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please contact us, which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. 7.2 Automatic Translation
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. The Findworka website has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided "as is." No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software. The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version. 7.3 Ownership
Ownership and limitations: Unless clearly stated otherwise on the Service providers Gig page/description, when the work is delivered, and subject to payment, the Client is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Service provider, and the Service provider waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the Nigerian Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when Nigerian Copyright Act does not apply, the Service provider expressly agrees to assign to Client the copyright in the delivered work. All transfer and assignment of intellectual property to Client shall be subject to full payment for the Service or Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Client, and Service provider assigns all rights, title and interest in the delivered work. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to agree that with the Service provider / service provider and will have broader rights that cover your business use. Service providers further confirm that whatever information they receive from the Client, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Client. Furthermore, users (both Clients and Service providers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Findworka, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Findworka for no consideration for marketing and/or other purposes.