This Code of Conduct (hereinafter called “Policy”) is part of and incorporates by reference all terms, conditions, rules, policies, and guidelines on the Site, including the Terms of Service (“Terms of Service”). This Policy is effective September 21st, 2017. Your use of the Site after the effective date signifies your acceptance and agreement to the terms of this Policy as well as the other Laws of India. To the extent permitted by applicable law, we reserve the right to modify this Policy without prior notice to you, and any revisions to this Policy will take effect when posted on the Site unless otherwise stated. Please check the Site often for updates. Capitalized terms not defined in this Policy are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site.
By agreeing to this code of conduct you agree that you to log onto the Site to manage all Jobs and to use the Workspaces to maintain an electronic record of all written communication including clarifications and agreements around scope, deliverables, milestones, timeframes, price, feedback on deliverables, requests for revisions, acceptance of deliverables and completion of milestones. You must transcribe into the Workspace all relevant emails, instant messages, telephone or in-person conversations between Client and Freelancer to maintain a record. If there is a dispute, all written communication on the Site, including Job posting, proposals, usage of the Job Terms and Change Order features, messages, and any communications transcribed to the Workspace will serve as the record for resolution of the dispute. A COMMUNICATION THAT IS NOT SAVED IN OR COPIED TO THE WORKSPACE CANNOT BE SUBMITTED AS EVIDENCE IN THE APPLICABLE DISPUTE RESOLUTION PROCESS AFTER A DISPUTE IS REPORTED. Workafy has endeavored to provide a designated space in the Freelancer Account profile to enter email address, telephone number and instant message IDs. Freelancers must not enter contact information or solicit private communications in public messages, in Job descriptions, or sections of their Account profile outside of the designated Contact Information fields.
By agreeing to this Agreement, you agree to provide true, correct, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting a request for Freelancer Services, providing a proposal for a posted Job, posting your profile and providing feedback). You further agree to update such information regularly or whenever change is required. You further agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Clients, Freelancers, Workafy or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Clients, Freelancers, Workafy, or other third-parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Site. Under federal law (specifically, the Communications Decency Act of 1996), Workafy is not legally responsible for any remarks, information or other content posted or made available on the Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. Workafy is not responsible for and does not monitor or censor content for accuracy or reliability. Workafy reserves the right to remove or restrict access to any information, content or Job posted or made available on the Site in our sole discretion, or if ordered to do so by a court, or if Workafy considers such information or content to be in violation of the Terms of Service.
You acknowledge and agree that, pursuant to and for the reasons stated in the User Agreement, for 24 months from the time you identify or are identified by any party through the Site, you must use the Site as your exclusive method to request, make and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party. You may opt-out of this obligation only if the prospective Client pays Workafy an “Opt-Out Fee” as detailed in the User Agreement in this Section titled “Exclusivity”.
You may post a thumbnail image on the Site to accompany your Account profile. All thumbnails must follow these common guidelines:
If you are an individual Member, then in addition to the common guidelines above, your thumbnail image also must follow these guidelines:
If you are a company Member, then in addition to the common guidelines above, your thumbnail image also must follow these guidelines:
You may post images on the Site to accompany your portfolio. All portfolio images must follow these common guidelines:
We retain the right to remove a portfolio image for any reason, even if not listed above.
You agree NOT to do any of the following on the Site:
Workafy encourages you to leave objective balanced feedback about Users with whom you have transacted. You acknowledge and agree that the Site contains 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 Workafy may calculate a composite feedback number based on these individual ratings. Freelancers agree to be rated by Clients along several criteria, as determined by Workafy. Workafy provides its feedback and rating system as a means through which Users can express their opinions publicly, and Workafy does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to Workafy’s attention. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. By law, Workafy is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
In order to protect the integrity of the feedback system and protect Users from abuse, Workafy may investigate and has the right (but is under no obligation) to remove posted feedback or information under the following scenarios:
Compliance means not only observing the law of the Land, but also conducting your work on Workafy in a way that recognizes your ethical responsibilities and fulfills them. Where local laws are less restrictive than this Code, you must comply with the Code, even if your conduct would otherwise be legal. On the other hand, if local laws are more restrictive than the Code, you must always, at a minimum, comply with those laws. Workafy maintains open and frank business dealings with all Clients and Freelancers and strives to develop mutually advantageous relationships for both the Parties. Workafy expects you to adhere to high ethical standards and to avoid engaging in any activity that involves even the appearance of impropriety.
Any dispute related to formation, interpretation and performance of this Policy will be solved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is agreed by the Parties. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.
All other factors being equal, Directors and employees shall not discriminate on the basis of race, religion, colour, creed, sex, disability or marital status. Any form of sexual harassment is prohibited. Complaints of sexual harassment will be investigated and action taken against offending person.
If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact Customer Support as follows:
Web Support: http://www.workafy.com/help
The instant Code of Conduct places you and Workafy in the forefront with those corporations throughout the world that emphasize the importance of honest business conduct and solid business ethics. Our standards can be met only with your cooperation. Workafy trusts that you will recognize that you must adhere to the standards of this Code. Any violation of this Code will constitute the basis for the immediate termination of your agreements with Workafy and the cancellation of any pending fees payable to you, pursuant to applicable laws and without any liability.