Workbeam ("we" or "Workbeam") is a product of Blizzcraft Infotech Pvt. Ltd.
By accessing or using the Workbeam website ("https://www.workbeam.com"), the Workbeam service, or any applications made available by Workbeam (together, the "Service") you agree to be bound by these terms of use ("Terms of Service"). The Service is owned and controlled by Blizzcraft Infotech Pvt. Ltd.("Workbeam”). These Terms of Service affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.
By using the Services, you agree and state that:
Section 1 contains definitions of certain important terms used through these Terms of Service. We advise our users to know what these terms mean:
1.1 The term "Service" refers to the Services by Workbeam, including without limitation to Workbeam website ("https://www.workbeam.com"), the Workbeam service, or any applications made available by Workbeam, use of Workbeam’s Web in their entirety and of online community, blog and forum and help centre.
1.2 The term “Website” refers to Workbeam’s Website ("https://www.workbeam.com"), including all pages, sub pages and sub domains, including all information, content, products and services made available through the website.
1.3 “Workbeam”, “We”, “Us” or “Our” refers to our parent entity iVedha Inc.
1.4 The term “User(s)” refers to any party whether a person, company or firm who visits and/or registers itself on Workbeam Website and/or Service.
1.5 The term “Seller” refers to any Person, firm, Company or agency providing and/or selling any business services who registers on Workbeam Website and/or Service to sell services to Buyers. Sellers are not agents or employees of Workbeam and Workbeam does not refer to them as any work or Client.
1.6 The term “Buyer” refers to any Person, Company or Firm or any other business which registers itself on Workbeam Website and/or Service and buys or books a service.
1.7 The term “Business Services” refers to services sold by Sellers on Workbeam.
1.8 The term “Content” refers to any Content displayed on Workbeam’s Website including without limitation to any information, text, data, graphics, videos, art, sound, design and any other material.
1.9 The term “User Generated Content” refers to any content created, posted or published by Users on Workbeam’s Website and/or Service.
1.10 The term “Order” refers to the order placed by a Buyer with a Seller for a particular Service/Gig.
1.11 The term “Service or Gig” refers to the service offered by a Seller on Workbeam.
1.12 The term “Order Booking Date” refers to the date on which an order is placed by the buyer with a seller by paying a booking amount.
1.13 The term “Order in progress” refers to an order created/booked between Buyer and Seller on Workbeam which is not marked as completed.
1.14 The term “Completed Order” refers to an order created/booked between Buyer and Seller on Workbeam which is marked as completed.
2.1 Workbeam is a tech driven interactive platform for Buyers to find, hire and book services with Sellers. Buyers can discover Services/Gigs, discover Sellers based on various filters and buy any service they want. Buyers can also post their projects to request proposals from Sellers. Workbeam does not force Buyers to book any service from any Seller.
2.2 Sellers include freelancers, firms, agencies and companies in the categories of Design, Web & Software Development, Content & Marketing, Tax & Accounting, Legal & Compliances. Workbeam is not a law firm or Chartered Accountancy firm or Company Secretary Firm and does not provide any legal services, legal advice, audit services,”lawyer or Chartered Accountant or Company secretary referral services" and do not provide or participate in any legal representation.
2.3 Sellers on Workbeam sell their services by creating Gigs/Services and/or by sending proposals to projects posted by Potential Buyers.
2.4 We put our efficiency to verify Seller's registering on Workbeam through a quality screening process which includes profile creation, KYC Verification, Interview and screening process and quality checks. However, we do not warranty, guarantee or represent any inability, incompetency, quality or qualifications of/for any Seller.
2.5 Sellers have full freedom and are solely responsible for determining the services/gigs they want to sell on Workbeam, set prices for their services, set delivery time for their services. Sellers are solely responsible for any content they upload and/or share while creating services/gigs.
2.6 Workbeam does not force any Seller to register on Workbeam and sell his/her services/gigs. It is totally free for any Seller to register on Workbeam out of their own wish. If any laws, regulations, rules and guidelines stop or prohibit any Seller from registering and selling services/gigs on Workbeam, then the Seller has voluntarily violated such laws, regulations, rules and guidelines by registering on Workbeam. Seller takes full and sole responsibility for violating any such laws & regulations.
2.7 Workbeam reserves the following rights:
3.1 We're relentlessly improving our Services by creating new features and functions. That means we may add or remove features, products, or functionalities. We might not always update you of such changes.
3.2 We at times revise our Terms of Service and Privacy Policy due to current Laws and Regulations and/or any material changes in Workbeam Services and/or processes. When we revise our Terms of Services and privacy Policy, we shall communicate such revisions and updations to you through our email(s) or post(s). Your decision to use Workbeam after any such communication means your implied acceptance to the revised Terms of Service and Privacy Policy.
3.3 While we hope you remain a lifelong user on Workbeam, you can terminate these Terms at any time and for any reason by deactivating your account.
3.4 Workbeam may also terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing you with any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
4.1 Registration and Acceptance: By registering on Workbeam’s Service, by using the Workbeam’s Website after the effective date, or by clicking the to accept the Terms of Service when prompted on the site, you agree to abide by these Terms. If you create an account as an Employee or agent of any Person, Firm or Company or any other form of entity, you represent and warrant that you’re authorized to enter into binding contracts, including Terms of Service, on behalf of yourself and the Entity you represent.
4.2 Account Permission: You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team Member or Agency Member, you represent and warrant that (a) the User is authorized to act on your behalf, (b) you are financially responsible for the User’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account, and (c) you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account, including making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Site. Upon closure of an Account, Workbeam may close any or all related Accounts.
4.3 Communication Permission: You hereby grant Workbeam permission to communicate with you through Calls, Whatsapps, Emails, SMSs or via posts.
4.4 Identity and Location Verification: When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Workbeam. You authorize Workbeam, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address, phone/mobile number subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business.
4.5 Usernames and Passwords: When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize Workbeam to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use either or (b) the use would violate the Terms of Service.
4.6 User Generated Content: Read section 8 of these Terms of Service relating to User Generated Content.
4.7 Feedback Permission: Buyers provide feedback to Workbeam and to Sellers after completion of service order by giving ratings and written testimonial. Workbeam reserves the right to make the feedback live and display it on Workbeam’s website.
4.8 Account Security & Privacy: Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our Privacy Policy. We encourage you to give the Privacy Policy a careful look because, by using our Services, you agree that Workbeam can collect, use, and share your information consistent with that policy. Workbeam takes all measures to protect Buyer Account Security and Privacy. Refer to our privacy policy here.
5.1 Registration: Sellers can register for free on Workbeam by creating a Seller Account by providing necessary details at the time of sign up. Sign up details include First Name, Last Name, Mobile Number, Location, Email ID and password creation. Workbeam may at its option use third party Sign Ups like signing up through Gmail, signing up through Facebook, signing up through linkedin. You allow Workbeam to collect information through such third party sign ups. By registering on Workbeam’s Service, by using the Workbeam’s Website after the effective date, and/or by clicking the to accept the Terms of Service when prompted on the site, you agree to abide by these Terms. If you create an account as an Employee or agent of any Person, Firm or Company or any other form of entity, you represent and warrant that you’re authorized to enter into binding contracts, including Terms of Service, on behalf of yourself and the Entity you represent.
5.2 Profile Creation: After you have registered as a Seller, you must create a Seller Profile on Workbeam. Creating a Seller Profile involves completing the following mandatory steps:
5.3 Profile Verification and Approval: After profile creation, Workbeam screens, quality checks, schedules interview for Profile Verification and Approval of Seller Account. Workbeam solely reserves the right to not verify and approve any Seller Account.
5.4 Gigs/Services Approvals: As a Seller you can create any number of Services/Gigs on Workbeam after Profile verification and approval. However, Workbeam reserves the right to approve and disapprove each and every Service/Gig to go live on the Workbeam Website.
5.5 Profile Information and infringement Liability: As a Seller, you are solely responsible for the information you furnish in your Profile and in your Services and Gigs including but not limited to Experience, education, Bio, Name, Number, Email, KYC Documents, Images, Videos and Service/Gig Descriptions. Workbeam shall not be responsible for any information furnished by you.
5.6 Gig/Service Creation: As a Seller, you solely own and are responsible for all the information you furnish while creating Gigs/Services including but not limited to Gig/Service title, description, portfolio links and portfolio samples, images and videos or any other type of content. You set prices and fees for your own Services/Gigs along with a Delivery Time for the Services/Gigs. If it is discovered that any content and/or information furnished by you is not real and is not created by you, Workbeam reserves the right to deactivate the Gig/Service, deactivate and/or suspend Seller Account without any warning. Further, Workbeam reserves the right to sue or initiate any legal proceedings in case of any Trademark or Copyright Infringement found in the content created and/or uploaded on Workbeam as well as on any impersonation by the Seller. The Delivery Time set by you for your Services/Gigs will be deemed as the Delivery Time from the Order Booking Date for completion of Services/Gigs.
5.7 Mandatory Standard Operating Procedure and Guidelines: As a Seller, you have to follow Workbeam’s Mandatory Standard Procedure(SOP) and guidelines while using Workbeam.
5.7.1 Standard Response time:
Moment you are hired or assigned a job on Workbeam, you have to respond within:
If you fail to reply, then the job is transferred to a different expert.
5.7.2 Standard First Message: Greeting the Client
A standard greeting text is pre-filled in the chat text box. You have to always send that greeting to the client who has hired you or assigned it to you.
5.7.3 Standard Second Message: Share Documents checklist or Ask for Information:
Create a document checklist or information checklist and send it to the Client on chat window.
5.7.4 Standard Third Message: Mention Delivery Time
5.7.5 Next step is Creating Milestones:
5.7.6 Regular Updates on Work Progress:
Provide regular updates on Work Progress
5.7.7 Send Job Completion Request and ask for feedback:
5.7.8 Extension of Delivery Time and Cost:
In case where in the middle of a running job, the delivery date and/or cost is increased due to any reasons:
Following steps are needed to be taken mandatorily:
5.8 Time for Seller Fees Settlement: Workbeam settles Seller Fees after the order completion and approval by the Buyer. If the Buyer is not active for 14 days from the date of order completion request initiated by the Seller, Workbeam deems the order to be completed and settles the fees within the next 15 days to the Seller.
5.9 Sellers providing Software, Website, Hosting, SSL, Domain and other related services: The Seller agrees to transfer the website admin access, website hosting, SSL, Domain and other related services in the Buyer’s Name using Buyer’s Email Id and Password on third party CMSs, Admin Panels, hosting, SSL & Domain Providers after the Buyer has made complete payment. The Seller in no case shall be the owner of CMSs, Admin Access, hosting, SSL and Domain Services in his or her own name using personal email id and credentials after the payment is made by the Buyer. The Seller should ask the buyer to buy the hosting, SSL and Domain Services himself or herself. In case, there is a dispute or a conflict with respect to purchasing hosting, SSL and domain services, The Seller shall communicate to Workbeam via an email to support@workbeam.com. Workbeam in certain cases shall create a fresh Email Id which will be used to purchase the hosting services, SSL services and Domain and other related Services. The Hosting and Domain Services are the intellectual property of the Buyer once the buyer has paid for such services. The Seller agrees to provide the Website URL of the developed website to the Buyer on Workbeam’s Website. App Publishing: A Seller cannot publish Mobile Apps on playstore and IOS Store using their personal or their Business Email ids and Accounts. All Mobile Apps need to be published using Email and Account Credentials of the Buyer. Where a Buyer does not have AppStore Credentials, Sellers need to report the same to Workbeam. Workbeam will create a separate Email Id for Buyer using which Mobile applications can be published on the playstore. 30 Days Compulsory Maintenance and Training: The Seller shall provide compulsory free and complimentary Website and/or App maintenance and training for 30 days along for all Website and/or App developments Gigs/Services. The Sellers are free to adjust their prices based on the same. The maintenance period would start from the date when the Order for website development is completed. In case the Seller does not agree or defaults in providing the 30 day free maintenance to the Buyer for any technical issues on the Website/Software/Application developed then Workbeam reserves the right to suspend the Seller’s account and/or forfeit any outstanding Seller’s Fees/Dues with Workbeam.
5.10 Sellers providing Web Designing, Video Animation and other related services: The Seller agrees to assign commercial license of the designs to the Buyer after the Buyer has made the Order Payment. The Design is the intellectual Property of the Buyer once the Buyer has paid for it. The Seller agrees to provide the completed designs along with committed file extensions of the finished designs to the Buyer on Workbeam’s Website and Mobile Applications.
5.11 Sellers providing Business, Tax & license Registrations, Tax Filing & Compliances and other related services: The Seller agrees to not apply for any type of Business Registration, Licences and other type of government registrations in his or her own name and/or using his or her personal email id and/or phone number. The Seller shall communicate and update the application acknowledgement receipt and/or number to the Buyer on Workbeam’s Website and Mobile Applications. The Seller agrees to provide the Government issued Business Registration and/or License to the Buyer on Workbeam’s Website and Mobile Applications. For any Government Fees incurred by the Seller on behalf of the Buyer in filing an such Business Registration, Seller is compulsorily required to provide the Government Challan of the same and claim the Government Fees amount as reimbursement.
5.12 Seller Fees Settlement after Workbeam Service Fees and Taxes:
Workbeam settles Seller Fees after deducting its Service Fee, GST and TDS if applicable:
5.13 Workbeam Service and Platform Usage Fees: Workbeam charges Service and Platform Usage Fee from all Sellers on all Orders created on Workbeam. Service Fee is different for different categories and services and also differs based on earnings of Sellers on Workbeam. Workbeam’s GST of 18% is charged on its Service Fee. Workbeam reserves the right to change and vary it’s Service and Platform usage fee from time to time and from service to service and from category to category. Any such change in Service Fee and Platform Usage Fee will be communicated in 2 days advance to all the Sellers by an email. Also, any such change in Fee will not be applicable on existing orders in progress. The changes will be applicable from the date communicated in the formal announcement email on all the new Orders created on and after the said date between Buyers and Sellers.
5.14 Forfeiture of Seller Fees: Workbeam reserves the right to forfeit the outstanding Seller Fees or any part of outstanding Fees in any of the following circumstances:
5.15 Service Contract with Workbeam: You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team Member or Agency Member, you represent and warrant that (a) the User is authorized to act on your
5.16 Seller Ratings and Feedback: Seller ratings on Workbeam are given by Buyers who book orders with them and by Workbeam through its proprietary algorithm. Seller Feedback is given by Buyers in form of written reviews after the order is completed. Workbeam reserves the right to display Ratings and Feedback on Seller Profile. Workbeam maintains utmost transparency with Ratings and Feedback so that Buyers can make fair order decisions.
5.17 Non Disclosure Agreement with Workbeam:
5.17.1 Confidential information shall mean any information disclosed by Workbeam to the Seller in any form including without limitation information, documents, trade secrets, business plans, designs, Software code, data, policy and process, software, technical/ financial/ marketing/ customer/ business information, specifications, analysis, designs, drawings, data, computer programs, and include information disclosed by third parties at the direction of Workbeam and/or disclosed by Workbeam. The Seller hereby agrees and acknowledges not to share or to disclose any confidential information to any third party.
5.17.2 Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into the public domain; (ii) is received by the Seller from a third party without breach of this Agreement; (iii) was already in the possession of the Seller, without confidentiality restrictions, at the time of disclosure by the Workbeam; (iv) is permitted for disclosure by the Workbeam in writing; (v) independently developed by the Seller without the use of Confidential Information; (vi) is required to be disclosed by the Seller pursuant to any order or requirement from court, administrative or governmental agency, provided that the Seller shall give the Workbeam prompt written notice of such order or requirement and an opportunity to contest or seek an appropriate protective order. The Seller agrees that disclosure of Confidential Information of the shall be limited by the Seller to Resources/employees of the Sellers and its affiliates, consultants, advisors having a need to know or to conduct any quality audits or training.
5.17.3 The buyer and Workbeam agree that the Seller may use the Buyer's name, logo, designs created, websites developed, content written in proposal, webpage, portfolio and self-promotional matters.
5.17.4 Notwithstanding the disclosure of any Confidential Information by the Workbeam to the Seller, Workbeam shall retain title thereto and to all intellectual property and proprietary rights therein, and the Seller shall have no rights, by license or otherwise, to use the Confidential Information except as expressly provided herein. The Seller shall not alter or obliterate any trademark, trademark notice, copyright notice, confidentiality notice or any notice of any other proprietary right of Workbeam on any copy of the Confidential Information, and shall faithfully reproduce any such mark or notice on all copies of such Confidential Information.
5.17.5 The Seller shall promptly return all Confidential Information or copies thereof which are in its possession to Workbeam on demand or shall destroy the same in the manner so specified by Workbeam.
5.17.6 The obligations under this section shall survive for a period of two (2) years post termination or expiration of the Agreement.
5.18 Seller Account Badges and Incentives: Workbeam has created certain Badges and incentives which are given to the Sellers who have worked exceptionally well on Workbeam. Here are the criterias which are considered for earning Badges on Workbeam. These criterias need not occur together or be fulfilled together.
5.19 Account and Profile Permission:
5.19.1 You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team Member or Agency Member, you represent and warrant that (a) the User is authorized to act on your behalf, (b) you are financially responsible for the User’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account, and (c) you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account, including making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Site. Upon closure of an Account, Workbeam may close any or all related Accounts.
5.19.2 Public Profile Permission: You allow Workbeam to display your Public Profile on Workbeam and its services after your profile is verified and approved.
5.19.2 Permission to promote Content & Profile: You allow Workbeam to publicly promote and market your Public Profile, Services/Gigs, Portfolio and/or any other content created by You on Workbeam. Workbeam shall give you credit in the form of mentioning your name while promoting your Public Profile, Services/Gigs, Portfolio and/or any other content created by You.
5.20 Communication Permission: You hereby grant Workbeam permission to communicate with you through Calls, Emails, SMSs, WhatsApps or via posts.
5.21 Identity and Location Verification: When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Workbeam. You authorize Workbeam, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address, phone/mobile number subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business.
5.22 Usernames and Passwords: When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize Workbeam to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use either or (b) the use would violate the Terms of Service.
5.23 Seller Invoicing: Seller’s Invoices are auto generated via Workbeam in favour of the Buyer who has placed an Order with the Seller. A payment receipt is generated for each payment made by the Buyer to the Seller via Workbeam. A Tax Invoice is generated upon Order Completion via Workbeam.
6.1 Order Creation: An “Order” is created when a Buyer books a Service/Gig with a Seller by paying a minimum booking amount or full Order fee. The date on which Order is created is the “Order Booking Date”
6.1.1 Service/Gig Deliverables: The deliverables mutually agreed between the Seller and the Buyer and put in the Service/Gig Deliverables by the Seller and/or Workbeam at the time of Order Creation are called Service/Gig Deliverables. The Seller agrees to clearly define what is included and what is not included in Order Deliverables at the time of Order Creation.
6.1.2 Service/Gig Deliverables Acceptance: The action by the Buyer to place an order by paying the minimum booking amount shall be deemed as Acceptance of all Service/Gig Deliverables decided between the Seller and the Buyer and that there is no confusion to the Buyer with respect to Service/Gig Deliverables.
6.2 Order Value: Order Value is the total amount for which the Order is created or booked by a Buyer with a Seller on Workbeam. Order Value is the Seller Fees plus GST if applicable plus any reimbursement fee if applicable.
6.3 Increase or Decrease in Order Value: While the Order is in progress, there can be situations where the Order Value either has to be increased or decreased due the proportionate increase or decrease in scope of Order and Order deliverables. The Seller agrees to update any increase or decrease in Order value along with the reason for such increase or decrease on the Order Information and Order Delivery Time for the respective Order on Workbeam’s Website and Mobile Applications.
6.4 Workbeam Fees & Taxes:
6.5 Order Payments: Every Buyer who books a Service/Gig with a Seller by creating an Order on Workbeam has to make Order Payments either in full or in Milestones. It is compulsory to deposit milestone amounts in advance before work on a particular milestone begins. All payments made are held by Workbeam in its account and are settled to the Seller either on Milestone completion or on Order completion as per Workbeam’s discretion. Buyer agrees to deposit all payments as per milestones and complete order payment with Workbeam before the complete delivery of Order. Where a Buyer defaults in depositing the complete Order payments with Workbeam before the completion of the Order, Workbeam reserves the right to put the Order on standby and/or cancel the order and/or forfeit any Order payments already made on the respective Order. Further, Workbeam Assurance will be revoked and is not applicable. Workbeam shall not take any responsibility for Order completion and Order delivery. Workbeam shall not refund any Order Amount paid or Order payments made by the Buyer. Further, Workbeam reserves the right to forfeit the Order Amount paid or Order payments made by the Buyer for the respective Order. Workbeam also reserves the right to deactivate and/or suspend the Buyer Account from immediate effect.
6.6 Order File Sharing & Communications:
6.6.1 Both Buyer and Seller agree to share all files and documents including but not limited to Documents, Sheets, Images, Videos in any format on Workbeam’s Website and Mobile Applications. In case where either the Buyer or the Seller cannot share files due to any size issues or technical issues then they shall take consent of Workbeam Support Team to share the respective files outside of Workbeam.
6.6.2 Both Buyer and Seller agree to communicate with each other using Workbeam’s Website and Mobile Applications. Workbeam’s website and mobile applications enable both the Buyer and the Seller to communicate with each other using inbuilt Chat Software and Audio and Video Calling features. In case where either the Buyer or the Seller cannot communicate with each other due to any technical issues then they shall email their concern to the Workbeam Support Team at support@workbeam.com.
6.6.3 In cases where a Buyer breaches the clause 6.6.1 and 6.6.2, the Workbeam Assurance is revoked and is not applicable. Workbeam shall not take any responsibility for Order completion and Order delivery. Workbeam shall not refund any Order Amount paid or Order payments made by the Buyer. Further, Workbeam reserves the right to forfeit the Order Amount paid or Order payments made by the Buyer for the respective Order. Workbeam also reserves the right to deactivate and/or suspend the Buyer Account from immediate effect.
6.6.4 In cases where a Seller breaches the clause 6.6.1 and 6.6.2, the Workbeam Assurance is revoked and is not applicable. Workbeam shall not take any responsibility for Order completion and Order delivery. Workbeam shall not settle any Order Amount paid or Order payments to the Seller. Further, Workbeam reserves the right to forfeit the Order Amount paid or Order payments made by the Buyer for the respective Order. Workbeam also reserves the right to deactivate and/or suspend the Seller Account from immediate effect.
6.7 Order Tracking: Both Buyer and Seller can track Order Delivery or Order Completion by tracking Milestones predefined by Workbeam and/or created by the Seller for the respective Order. It is Seller’s responsibility to track the Order Delivery by marking milestones as completed. Where a Seller fails to track the Milestones for an Order Workbeam shall not take any responsibility for Order completion and Order delivery. Workbeam shall not settle any Order Amount paid or Order payments to the Seller. Further, Workbeam reserves the right to forfeit the Order Amount paid or Order payments made by the Buyer for the respective Order. Workbeam also reserves the right to deactivate and/or suspend the Seller Account from immediate effect
6.8 Order Delivery Time: Every Seller is compulsorily required to communicate a Delivery Time to the Buyer at the time of Order Creation. Where an Order is created from predefined Services/Gigs, then the delivery time set by the Seller at the time of creating the Service/Gig shall be deemed as the Order Delivery Time. Where an order is created from a Custom Offer or a Custom Gig created by a Seller, then the delivery time set by the Seller at the time of creating the Custom Offer or Custom Gig shall be deemed as the Order Delivery Time.
6.9 Extension of Delivery Time: While the Order is in progress, there can be situations where the Order Delivery Time either has to be increased or decreased due the proportionate increase or decrease in scope of Order and Order deliverables. The Seller agrees to update any increase or decrease in Order Delivery Time along with the reason for such increase or decrease on the Order Information and Order Delivery Time for the respective Order on Workbeam’s Website and Mobile Applications.
6.10 Order in Progress: The status of an Order created between a Buyer and a Seller till the time the Order is marked as Completed is referred as Order in Progress.
6.11 Order Completion: An Order created by a Buyer with a Seller is completed when the Order is marked completed by the Buyer. The Seller initiates an Order Mark Completion request to the Buyer when the Order is completed. The buyer approves the completion by marking it as completed. Where the Buyer has responded to the Order Completion Request initiated by the Seller within 15 Days from the date of Order Completion Request, the Order will be marked as completed automatically.
6.11.1 Order Content: The content including but not limited website, design, animation, business registration, plan, deck, content, blogs, articles, ads, licences, tax filing, accounting report, compliances, agreements, marketing reports and any other content included in Order Deliverables delivered by the Seller at the time of Order Completion is called “Order Content”
6.12 Order Permissions: Both Buyer and Seller allow Workbeam to have access to all Order communications, files and information shared on a particular Order. This helps Workbeam to settle any disputes that arise on a particular Order between the Buyer and the Seller. You allow Workbeam to reproduce this information in case of: (a) claim for refund made by the Buyer regarding non fulfillment or false fulfillment of Order (b)Court’s direction to reproduce any information (c) To give updates on Order Status and Tracking (d) To track Order Status (e) To respond to any complaints made by either the Buyer or the Seller on a particular Order.
6.13 Order Rating and Feedback: On Order Completion, the Buyer gives a rating and a written feedback for the Seller and Workbeam. Workbeam reserves the right to make Order Rating and Feedback public. The Feedback given by the Buyer also appears on the public profile of the Seller.
6.14 Non Circumvention by Buyer & Seller:
6.14.1 Both Buyer and Seller hereby agree to exclusively use Workbeam’s website and Service to make and receive payments, to do communication and to share files, documents, information, images, graphics and other similar information. You agree not to circumvent the Communication, File Sharing and Payment Methods offered by the Site and the Service. By way of illustration and not in limitation of the foregoing, you agree not to: (a) Submit proposals or solicit parties identified through the Site to contract, hire, work with, or pay outside the Site. (b) Accept proposals or solicit parties identified through the Site to contract, invoice, or receive payment outside the Site. (c) Refer a User you identified on the Site to a third-party who is not a User of the Site for purposes of making or receiving payments off the Site.
6.14.2 You agree to notify Workbeam immediately if a user suggests to you making or receiving payments outside of the Site in violation of this Section. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Workbeam by sending an email message to: support@workbeam.com.
6.14.3 If Workbeam determines, in its sole discretion, that you have violated Section 6.14 and Section 9, Workbeam or its Affiliates may, to the maximum extent permitted by law (a) close and suspend your Account and revoke your authorization to use the Site and Services, and/or (b) charge you for all losses and costs (including any and all time of Workbeam’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fee.
6.15 Order Dispute: Order Dispute:For disputes arising between a Buyer and a Seller, you agree to abide by the dispute resolution process that is explained in the Order Dispute Resolution in section 5.16 below.
6.16 Order Dispute Resolution:
6.16.1 Where an Order in Progress has run into a conflict or a dispute, the Seller and/or Buyer shall report such conflict with detailed reasons and explanations in form of an email to support@workbeam.com. Buyer or Seller can also report a dispute or a conflict by clicking on “Terminate Contract” on Workbeam Dashboard or Mobile Applications.
6.16.2 Where the Buyer is not satisfied with Completed Order, Buyer shall report such a problem with detailed reasons and explanations in form of an email to support@workbeam.com within 15 days from the Date of Order Completion.
6.16.3 Once Workbeam received any email regarding a possible dispute or a conflict and/or request for Contract Termination as per clause 6.16.1 and 6.16.2, the respective Order shall be marked as “Disputed Order”.
6.16.4 Workbeam on receiving any Conflict or Dispute Reporting mail whether from the Buyer or the Seller shall initiate a “Dispute Resolution Process” on the Disputed Order.
6.16.5 Communication to Buyer: Workbeam shall communicate via emails with the Buyer for seeking details and clarifications on Disputed Order
6.16.6 Communication to Seller: Workbeam shall communicate via emails with the Seller for seeking details and clarifications on Disputed Order.
6.16.7 Tracking Order Files, Communications and Payments: Workbeam shall track all the communications that happened between the Buyer and the Seller via Workbeam Messenger, Chats, Audio and Video Calling, Files shared , Order Milestones tracked and Order payments made including committed Order Deliverables.
6.16.8 Proposing Mutual Resolution: Workbeam shall get both the Buyer and the Seller together to discuss a Mutual Resolution. Where a consensus is reached and mutual resolution is decided, both the Buyer and the Seller shall mutually cooperate and execute the mutual resolution agreed upon.
6.16.9 Buyer Refund: Where it is found the Seller has defaulted in Order Completion due to any of the reasons mentioned in this clause, the Buyer is eligible to get a full refund. In a case where a full refund is issued, Workbeam will not be responsible to deliver the Order or any work or service covered under the Order for which the refund is issued. Further, the Buyer agrees to not make any further monetary or non monetary claims other than the Refund of Order Amount on the basis of time loss, non delivery of order or for any other reason. The Buyer shall be eligible for a full refund in case below mentioned reasons:
6.16.10 Exception to 6.16.9 Where the Seller could not complete the delivery of work due the below mentioned reasons, the Buyer shall not be eligible for any refund.:
6.17 Order Proprietary Rights: The Seller shall own all right, title and interest including all intellectual property rights in and to the “Order Content” and “Order Deliverables”. Upon receipt of full payment by the Buyer, the rights, title and interest in Content will be assigned to the Buyer by the Seller. The Buyer agrees that, Workbeam shall not be liable for matters arising from (a) combination of the Content with any hardware, software, graphics, data, or other materials not provided and approved by the Workbeam; or (b) Workbeam’s compliance with the Buyer’s specifications, information, designs or requirements; or (c) Buyer’s use of Order Content for a purpose other than specified under this Agreement or for any illegal purpose or (d) Buyer’s failure to comply with Workbeam’s instructions mentioned in these Terms.
6.18 Order Confidential Information and Non-Disclosure:
6.18.1 Order Confidential information shall mean any information disclosed by the Buyer to the Seller and/or Workbeam in any form including without limitation information, documents, trade secrets, business plans, designs, Software code, data, policy and process, software, technical/ financial/ marketing/ customer/ business information, specifications, analysis, designs, drawings, data, computer programs, and include information disclosed by third parties at the direction of the Buyer and/or disclosed by Buyer. The Sellerand and/or Workbeam hereby agrees and acknowledges not to share or to disclose any confidential information to any third party.
6.18.2 Confidential Information shall however, exclude any information which (i) is/ was publicly known or comes into the public domain; (ii) is received by the Seller and/or Workbeam from a third party without breach of this Agreement; (iii) was already in the possession of the Seller and/or Workbeam, without confidentiality restrictions, at the time of disclosure by the Buyer; (iv) is permitted for disclosure by the Buyer in writing; (v) independently developed by the Seller and/or Workbeam without the use of Confidential Information; (vi) is required to be disclosed by the Seller and/or Workbeam pursuant to any order or requirement from court, administrative or governmental agency, provided that the Seller and/or WizCounse; shall give the Buyer prompt written notice of such order or requirement and an opportunity to contest or seek an appropriate protective order. The Seller and/or Workbeam agrees that disclosure of Confidential Information of the shall be limited by the Seller/or Workbeam to Resources/employees of the Sellers and its affiliates, consultants, advisors having a need to know or to conduct any quality audits or training.
6.18.3 The buyer agrees that the Seller and/or Workbeam may use the Buyer's name, logo, designs created, websites developed, content written in proposal, webpage, portfolio and self-promotional matters.
6.18.4 Notwithstanding the disclosure of any Confidential Information by the Buyer to the Seller and/or Workbeam, the Buyer shall retain title thereto and to all intellectual property and proprietary rights therein, and the Seller and/Workbeam shall have no rights, by license or otherwise, to use the Confidential Information except as expressly provided herein. The Seller and/or Workbeam shall not alter or obliterate any trademark, trademark notice, copyright notice, confidentiality notice or any notice of any other proprietary right of the Buyer on any copy of the Confidential Information, and shall faithfully reproduce any such mark or notice on all copies of such Confidential Information.
6.18.5 The Seller and/or Workbeam shall promptly return all Confidential Information or copies thereof which are in its possession to the Buyer on demand or shall destroy the same in the manner so specified by the Buyer.
6.18.6 The obligations under this section shall survive for a period of two (2) years post termination or expiration of the Agreement.
6.19 Order Invoicing: Seller’s Invoices are auto generated via Workbeam in favour of the Buyer who has placed an Order with the Seller. A payment receipt is generated for each payment made by the Buyer to the Seller via Workbeam. A Tax Invoice is generated upon Order Completion via Workbeam.
Workbeam may, in its sole discretion, create promotional codes that may be redeemed for account credit, or other features or benefits related to a Seller’s Services, subject to the following terms and any additional terms that Workbeam establishes on a per promotional code basis (“Promo Codes''). Certain specific terms govern Sellers and payment. From time to time, Buyers may have access to discounts supplied by Workbeam which, in part, use Workbeam’s funds to pay for a portion of the Order Value paid by Buyers to Sellers. Promo codes may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Workbeam. Promo Codes have no cash value and may expire or be disabled by Workbeam at any time, for any reason, prior to your use. Workbeam reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Workbeam determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms.
Any Buyer, Seller or any other User who has signed up or registered on Workbeam can create content “User Generated Content” in form of Community Posts, Profiles including but not limited to work samples, portfolio, images, graphics, videos, documents and links on Workbeam.
8.1 You hereby acknowledge and agree that Users publish and allow Workbeam to publish on their behalf information on the Site and the Service about the User, such as feedback, composite feedback, geographical location, or verification of identity or credentials. However, such information is based solely on data that Business Professionals or Clients voluntarily submit to Workbeam and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Workbeam; Workbeam provides such information solely for the convenience of Users.
8.2 You own your content you create and post, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove content if we need to.
8.3 You may create content, written or otherwise, while using the Service (“User-Generated Content”). You are solely responsible for the content of, and any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User-Generated Content.
8.4 You represent and warrant that you have the right to post all User-Generated Content you submit. Specifically, you warrant that you have fully complied with any third party licenses relating to User-Generated Content, and have taken all steps necessary to pass through to end users any required terms.
8.5 We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User-Generated Content appropriate and complies with these Terms of Service, or refuse or remove any User-Generated Content that, in our reasonable opinion, violates any Workbeam policy or is in any way harmful, inappropriate, or objectionable. Workbeam further reserves the right to make formatting and edits and change the manner any User-Generated Content is displayed on the Website.
8.6 Except for Content that originates from Workbeam, we do not claim ownership of any Content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for User-Generated Content you post. You may control access to your User-Generated Content through settings in your user account.
8.7 License: You Solely allow Workbeam to use Content you upload to the Service reasonably without violating any rights you have in it, you grant us the following rights: by posting any Content via the Website, you expressly grant Workbeam and our successors a worldwide, sublicenseable, fully-paid and royalty-free, and non-exclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with Workbeam’s business purpose. This license does not grant Workbeam the right to sell User-Generated Content or otherwise distribute it outside of our Website. This license will terminate at the time when the Content is removed from the Website.
9.1 Both Buyer and Seller hereby agree to exclusively use Workbeam’s website and Service to make and receive payments, to do communication and to share files, documents, information, images, graphics and other similar information. You agree not to circumvent the Communication, File Sharing and Payment Methods offered by the Site and the Service. By way of illustration and not in limitation of the foregoing, you agree not to: (a) Submit proposals or solicit parties identified through the Site to contract, hire, work with, or pay outside the Site. (b) Accept proposals or solicit parties identified through the Site to contract, invoice, or receive payment outside the Site. (c) Refer a User you identified on the Site to a third-party who is not a User of the Site for purposes of making or receiving payments off the Site.
9.2 You agree to notify Workbeam immediately if a user suggests to you making or receiving payments outside of the Site in violation of this Section. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Workbeam by sending an email message to: support@workbeam.com.
9.3 If Workbeam determines, in its sole discretion, that you have violated Section 9, Workbeam or its Affiliates may, to the maximum extent permitted by law (a) close and suspend your Account and revoke your authorization to use the Site and Services, and/or (b) charge you for all losses and costs (including any and all time of Workbeam’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fee
Workbeam respects the rights of others. And so should you. You therefore may not use the Services in a manner that:
We try hard to keep our Services a safe place for all users. But we can't guarantee it. That's where you come in. By using the Services, you agree that:
If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern the respective party's relationship with you. Workbeam is not responsible or liable for a third party's terms or actions taken under the third party's terms.
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Workbeam's request), indemnify and hold the Workbeam Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Workbeam in the defense of any claim. Workbeam reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Workbeam.
THE SERVICE, INCLUDING, WITHOUT LIMITATION, ON WORKBEAM , IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WORKBEAM NOR ITS AFFILIATE COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "WORKBEAM PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE WORKBEAM CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO WORKBEAM OR VIA THE SERVICE. IN ADDITION, THE WORKBEAM PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE WORKBEAM PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE WORKBEAM PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE WORKBEAM PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE WORKBEAM PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THE WORKBEAM PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WORKBEAM AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WORKBEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WORKBEAM'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID WORKBEAM, IF ANY, IN THE LAST 12 MONTHS
Questions about refunds and cancellations should be addressed to support@workbeam.com
You agree that any claim you may have arising out of or related to your relationship with WORKBEAM must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
he failure of Workbeam to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Workbeam is controlled by iVedha Inc. from our offices located in the state of Delhi, Canada. It can be accessed by most countries around the world. As each country has laws that may differ from those of New Delhi, Canada by accessing our website, you agree that the statutes and laws of New Delhi, Canada without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce these Terms shall be brought in the federal or state courts located in New Delhi, Canada. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Workbeam welcomes comments, questions, concerns, or suggestions. You can send us feedback at support@workbeam.com
Workbeam
D-191, Okhla Industrial Area, Phase -1
New Delhi 110020