Terms Of Service

The following Terms and Conditions are a legally binding contractual agreement between you andQ4Work.com. This will give you a clear indication about our process and policies. We may modify these Terms and Conditions from time to time and such modification shall be effective upon posting on the Site. If you are in disagreement on any issue discussed or posted here, you are free to discontinue using this website.

Our Terms and Conditions consist of the following sections:
  1.     General
  2.     Users
  3.     Universal User Guidelines
  4.     Registered User Content
  5.     Eligibility
  6.     Registration
  7.     Q4Work Fee
  8.     Billing and Payment Terms
  9.     Relation between User and Q4Work
  10.     Relation between Client and Contractors
  11.     Relation between Registered users and Q4Work
  12.     Dispute Resolution Between Member and Q4Work
  13.     Dispute Resolution Between User and Q4Work
  14.     Dispute Resolution Process
  15.     Term, Termination and Suspension
  16.     Copyright
  17.     Warranty Disclaimer
  18.     Limitation of Liability
  19.     Indemnity
  20.     Issues related to User, Member, Contractor, Client Usage

 General

This Agreement sets forth the entire agreement and understanding of the parties relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between them. This Agreement may be assigned by Q4Work.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of Q4Work.com. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party's right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of each party. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

USERS

User is anybody who uses our service for any reason. The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Website.  Q4Work provides a platform to introduce Users who wish to provide professional services and Users who seek such professional services. The Website enables Users to identify each other and work together online to complete, invoice and pay for projects. 

Universal User Guidelines

Q4Work is not a service provider setup and it does not provide or own any individual contractors or their work in what so ever manner. Q4Work distant itself from any claims, ownership, damages, risks or such situation being caused to its users or clients with respect to delayed payments or non-payments. Q4Work expects a professional and courteous behaviour from all of its users and clients. Q4Work is not responsible for the authenticity of personal information, comments, feedback provided by the users or other contents regarding other users. Users may be held legally responsible for damages suffered by other Users, Q4Work or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted. All  the Users, Clients and Contractors by using the Q4Work services hereby declare that they will comply to all the laws applicable to them or to their activities, and with all posted Q4Work Policies, which are hereby incorporated into this Agreement by reference. These policies may be modified from time to time at Q4Works’ discretion, and the currently effective policies will be deemed to be part of this Agreement at any point in future.

By using Q4Work you accept the responsibility and understand that you will not access or attempt to access this website other than the interface available to you and you will not use information from the Website for any purpose other than the purpose for which it was made available. As a user or otherwise you will not perform any action that interferes with or hinders the normal functioning of the Website. You will not upload or attach or link any malicious file or source which is being considered invalid, unknown or faulty. Q4Work will not be legally responsible for any  comments, remarks, or information or other content posted or made available on the Q4Work website by any User or third party, even if such information or content is defamatory or otherwise legally actionable. All identity information associated with an Q4Work User account must be verifiable and accountable to those holding it.Q4Work  expects users to provide their real information. Each Q4Work User account must be used by only one person, and each person is allowed to use only one User account. At any point of time, Q4Work reserves the right to validate or check User information. You authorize Q4Work, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial instruments. In case you fail to provide information about you and your business it will be considered a violation of this Agreement. The user will be considered as solely responsible for ensuring and maintaining the secrecy and security of the User’s Q4Work account passwords. Users hereby acknowledge that they will not disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password on Q4Work. You must notify Q4Work Support immediately if you suspect that your password has been lost or stolen.

Registered User Content

Your personal information will be processed by Q4Work in order to fulfill the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred betweenQ4Work  and any associated entity within the Q4Work organisation. 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 Q4Work feedback feature.

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.

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. 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.

Eligibility

Q4Work offers its Services to its Users. By using the Services, you represent and warrant that:

    All registration information you submit is truthful and accurate.

    You will maintain the accuracy of such information.

    Be financially responsible for your use of the Website and the purchase or delivery of services.

    You are 18 years of age or older.

    Your use of the Services does not violate any applicable law or regulation.

If Users do not qualify, they cannot use any of Q4Works' Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account.

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.

Q4Work fees

Q4Work charges their Contractors a fee for providing and maintaining online services and technology. This fee includes the maintenance of Q4Works’ online platform, resources for online payment tracking systems, technology for safe collection of amounts from clients and remitting it to contractors. Ideally this fee will amount to 10% of clients’ payments. Q4Work earns fees for hosting, maintaining, creating, and providing the Site, and for all Services delivered by Q4Work that are accessible through the Site. To cover its expenses and fees Q4Work incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, Q4Work transfers the remaining payment amount to the User.

When a user has earned a specific amount of money it will reflect in their online Q4Work accounts. The User can request for the redemption of such money at any point of time. Once you have sent the request to Q4Work for the redemption, it will take maximum of 48 hours for realisation of that money in your PayPal account.

Billing & payment terms

1. General

Q4Work charges their Contractors a fee for providing and maintaining online services and technology. This fee includes the maintenance of Q4Works’ online platform, resources for online payment tracking systems, technology for safe collection of amounts from clients and remitting it  to contractors. Ideally this fee will amount to 10% of clients’ payments. Q4Work earns fees for hosting, maintaining, creating, and providing the Site, and for all Services delivered by Q4Work that are accessible through the Site. To cover its expenses and fees Q4Work incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, Q4Work transfers the remaining payment amount to the User. When a contractor completes a Project for a client, the contractor will complete the electronic invoice form (the “Invoice”) and submit it to Q4Work via the website. A Contractor must complete and submit an Invoice to Q4Work for each and every Project. The Contractor will provide Q4Work with a list of items, including, but not limited to, hours worked, payment required and description of Project(s), to be included on the Invoice (“Invoice Details”). Such invoice details will only be finalized when such Contractor has confirmed the accuracy. The parties may select that the Payment will be transferred directly from the Client to the Contractor, or to use the Payment Services. When a client  makes a payment through theQ4Work  Invoice Service, Q4Work deducts the appropriate Service Charges due Q4Work as described on the Website and delivers the remainder of the Payment to the Contractor. When a user has earned a specific amount of money it will reflect in their online Q4Work account. The User can request for the redemption of such money at any point of time. Once you have sent the request to Q4Work for the redemption, it will take maximum of 48 hours for realization of that money in your PayPal account.

2. Hourly-Rate Contracts

For hourly Jobs, Q4Work provides a limited guarantee that Clients pay only for work performed and Contractors get paid for hours worked. Clients agree that there is no guarantee of the perceived or real quality of work for Hourly-Rate Contracts. The Client is paying for the hours worked associated with the Contract, and not for any specific deliverable s or results.

3. Fixed-Price Contracts

Contractors agree that there is no guarantee of payment for Fixed-Price Contracts. Clients have complete and sole discretion to determine whether a Contractor has completed a Fixed-Price Contract and whether to pay the Contractor.

4. Invoice Disputes

If a client reasonably disputes any Invoice, that encourages or solicits complete or partial payment outside of the Q4Work Platform is a violation of this Agreement. Should a Client be found in violation of this section of this Agreement, it will owe Q4Work fees equal to the greater of a) $3000; (b) resolution of all outstanding disputes with respect to such Invoice and/or Payment.

5. Payment

At Client’s request, upon payment to Q4Work by Client for services to be rendered by a Contractor, Q4Work will assume responsibility for the payment for such Contractor’s services (less applicable Service Charge). Q4Work agrees not to pay Contractors for services until after the occurrence of a Clients Acceptance of Services. Each Contractor must properly discharge and credit its Client for all payments Q4Work receives from such Client.

6. Non-payment

If a Client or Contractor reasonably disputes the quality or completion of services provided by such Contractor, then both Client and Contractor agree that Q4Work shall have no payment obligations to any party related to relevant fees until such dispute is resolved. In such case Q4Work may suspend providing Services pursuant to this Agreement to such Client and/or the Contractor it engaged until such time as the past due Payments have been paid in full.

7. Hold on funds

Q4Work reserves the right, at its sole discretion, to place a hold on requested transfers if Q4Work suspects money may be subject to charge back, bank reversal, failure to clear or fraud. Q4Work will release a hold as soon as deemed appropriate. If the dispute is resolved in your favour, Q4Work will lift the temporary hold. If you lose the dispute, Q4Work may remove the funds from your Account.

8. Currency

The Q4Work Billing and Payment Services operate in US Dollars and therefore Q4Work is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is Q4Work 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.

9. Agreement to Pay

If, for any reason, Q4Work does not receive payment for any amounts that you have authorized to be paid through your use of the Q4Work Billing and Payment Services, you agree to pay such amount immediately upon demand by Q4Work. In such case, Q4Work may, at its option, stop processing any further payments made by you.

Relation between User and Q4Work

The contracting, management of a project and engagement in such projects are between an client and a contractor. Upon Client’s award and Contractor’s acceptance of a Job on the Site, Client agrees to purchase, and Contractor agrees to deliver, the Contractor Services and related deliverable s in accordance with the following agreements: (1) the Terms of Service, (2) the agreement between Client and Contractor including the Project Bid, Project Description, and other terms and conditions as communicated between Employer and Expert on the Website or otherwise, (3) any other contractual provisions accepted by both Client and Contractor and uploaded to the Site and (4) either the Q4Work Payroll Services Agreement or the Services Agreement. Contractor is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner.

Relation between Client and Contractors

Client and Contractor each acknowledges and agrees that their relationship is that of independent contractors, When a Contractor is not also a Payroll Employee. The Contractor shall perform the Contractor Services as an independent contractor and nothing in this Agreement shall be deemed to create a partnership, joint venture, agency, or employer-expert relationship between Contractor and Client or between Q4Work and any Contractor or Client.

Relation between Registered users and Q4Work

1. Not a party to jobs

Q4Work is not a party to the dealing, contracting and fulfillment of any Project between a client and a contractor. Q4Work has no control over and does not guarantee the quality, safety or legality of Contractor Services advertised, the truth or accuracy of Job listings, the qualifications, background, or abilities of Members, the ability of Contractors to deliver Contractor Services, the ability of Clients to pay for Contractor Services, or that a Client or Contractor can or will actually complete a Project. Q4Work is not required to and does not verify any information given to us by Contractors, nor does Q4Work perform background checks on Contractors. Q4Work will not provide any contractor with any materials or tools to complete any Project. Client and Contractor must look solely to the other for enforcement and performance of all the rights and obligations arising from Member Contracts and any other terms, conditions, representations, or warranties associated with such dealings.

2. Third-Party Beneficiary

Client and Contractor each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of their covenants and agreements as set forth in their Project Agreement. Client and Contractor therefore appoint Q4Work a third-party beneficiary of their Member Contract for purposes of enforcing the obligations owed to, and the benefits conferred on, Q4Work by these Terms of Service. Q4Work has the right to take such actions with respect to the Member Contract or their Accounts, including without limitation suspension, termination, or legal actions, as Q4Work in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.

3. No Agency

This Agreement and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Q4Work, except and solely to the extent expressly stated.

4. Taxes

Registered Users are responsible for payment and reporting of any taxes. Q4Work is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes. In the event Q4Work receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, Q4Work will deem such receipt a breach of this section and will suspend your Account until Q4Work received an Internal Revenue Service Release.

Dispute Resolution Between Member and Q4Work

In the event of a dispute between a Client and a Contractor regarding a return or release of Milestone Payments, either Client or Contractor may elect to use the Dispute Resolution Services offered by Q4Work. The Client and Contractor will then be notified that the matter will be addressed through the Dispute Resolution Services. Once the dispute period has passed, the charges are accepted by the Client and can no longer be disputed and can only be refunded by the Contractor. Disputes can only address the hours billed, not the quality of the work performed or deliverables. For use of Dispute Resolution Service, irrespective of the nature of resolution and any resulting disbursements, Q4Work charges a Dispute Resolution Service Fee, equal to the greater of fifty dollars ($50.00) and five percent (5%) of the total amount paid by a Client to Q4Work for the applicable project to which such payment relates.

 Dispute Resolution Between user and Q4Work

If a dispute arises between you and Q4Work, our goal is to resolve such dispute quickly and cost-effectively. Accordingly, you and Q4Work agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Q4Work Services (a “Claim”) in accordance with this section entitled “Disputes Resolution Between You and Q4Work.”  

Dispute Resolution Process

        Mediation:

In any dispute between Registered Users relating to a Project that is eligible for Dispute Resolution Service, you agree to mediate such dispute in good faith before Q4Work for a period of ten (10) business days. Such ten business day period shall be deemed to have begun the day that either party requests Dispute Resolution Service through the Website. If the result of such mediation is acceptable to both parties in a dispute, you agree to indicate your approval of such mediation through the Website and Q4Work will disburse funds in accordance with the results of such mediation. If you are dissatisfied with the progress, or if ten (10) business days have passed since you have notified Q4Work of a dispute between you and a Contractor, you agree to submit your dispute to binding arbitration as further set forth below.

        Arbitration:

For any claim arising between you and Q4Work (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.            

        Acknowledgements:

You agree and acknowledge that (1) Q4Work is not providing legal services to you, (2) Q4Work will not advise you regarding any legal matters and (3) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Q4Work for any such counsel. You agree to indemnify and hold harmless Q4Work and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service. If you do not agree to use this Dispute Resolution Service under these terms, you should not request Q4Work to assume the Assumed Payment Liabilities.

Term, Termination and Suspension

This Agreement shall become effective as your contractual agreement upon your acceptance or your use of the Site, and shall continue until your Account is terminated by Q4Work or you as provided for under the terms of this Section.

Either party may terminate this Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or by terminating or suspending User’s account), provided, that any such termination for convenience shall not affect the validity of any Service Contracts that have been executed prior to termination and this Agreement shall continue to apply with respect to such Service Contracts.

Any termination of an Account will automatically lead to the termination of all related Team Accounts, and any termination of a Team Account gives Q4Work the right to terminate any or all related Accounts and Team Accounts.

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 Q4Work 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 Q4Work Billing and Payment Services or otherwise reduce fees owed Q4Work under these Terms of Service, you must pay Q4Work for all fees owed to Q4Work and reimburse for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.

Q4Work reserves the right to terminate any User access, Account, or Job for any reason or no reason, at its sole discretion and to refuse to provide registration and membership to you in the future.  We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages.  However, we will notify you that your Account will be canceled if the law requires such notification.

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.

Copyright

The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Q4Work and are protected international copyright laws. It is our policy to respond to clear notices of alleged copyright infringement.

Warranty Disclaimer

Q4Work make no representations or warranties of any kind, either express or implied, as to the quantity or reliability of any third party, or as to the authenticity of the postings made on this website by any user, member, contractor, client or third party. Q4Work disclaims all express or implied conditions, representations and warranties including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

In no event shall Q4Work or any 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. The liability of Q4Work to any user for any claim arising out of or in connection with this agreement shall not exceed the greater of: (a) $3,000; and (b) any Q4Work fees retained by Q4Work with respect to contracts on which user was involved as client or contractor during the six (6) month period preceding the date of the claim. These limitations shall apply to any liability, arising from any cause of action whatsoever, whether in contract, tort (including negligence), strict liability or otherwise.

Indemnity

You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors or other partners and employees harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted or otherwise made available by you on the Site or through the Site's services, or by your violation of these Terms and Conditions, or by your violation of the rights of another or your obligations to a Contractor. 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 defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

Issues related to User, Member, Contractor, Client Usage

1. Posting a Job online

All jobs posted to Q4Work must be in English Language and not contain any information enabling or requesting contact or payment outside of the Q4Work.

Q4Work expects its users to behave professionally and submit accurate details of the services. It should not use any offensive comments, remarks, feedback or advertisements for external products and services. Job postings related to the creation of adult or explicit content or those that involve modeling or acting are prohibited. Job postings that involve exposure to content of an adult or potentially offensive nature should notify potential readers in the title of the job posting.

2. Applying to a job

All information provided in a job application must be true, accurate and complete. Q4Work reserves the right to verify any and all information provided on a User's profile or job application. By applying to a job, the User is attesting that he/she/it has the skills and ability to perform the requested Services by the deadline stated in the job posting.

3. Ratings and Feedback

Q4Work provides a feedback and rating system through which Users can express their opinions publicly. Q4Work does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability. You acknowledge and agree that the Q4Work will contain public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that Q4Work may calculate a composite feedback number based on these individual ratings. You may be held legally responsible for damages suffered by other Q4Work Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Q4Work is not responsible for any feedback or comments posted or made available on the Q4Work by any Users or third parties, even if that information is defamatory or otherwise legally actionable. Any effort to falsify feedback, manipulate or coerce another User by threatening negative feedback or offering to sell or buy Services in exchange for feedback is in violation of this Agreement.