Term And Conditions

Term And Conditions

Last Update: 27 May 2019

Terms Condition Of www.gwsprojectnetwork.com

User Agreement

Effective Date: Date of Acceptance Upon Clicking “I Agree” When Signing Up To Our Account

 

GWSPROJECTNETWORK.COM is owned and operated BY GREEN WEB SOFTWARE DEVELOPMENT P. LTD Inc.

The GWSPROJECTNETWORK.COM  Site Terms of Use describe when and the conditions under which you are allowed to access or use the Site. Please read these Site Terms of Use carefully before visiting our Site. Some visitors to our Site simply visit the publicly available portions of our Site or use the Public Site Services (“you” or “Site Visitors”). If you do not agree to these Site Terms of Use, you may not visit, use, or access the Site or Site Services as a Site Visitor, User or otherwise and may not click to accept the Terms of Service when prompted on the Site.

In this User Agreement:

"Account" means the account associated with your email address, Facebook or anyother credentials provided by you.

"Buyer" means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.

"Contest" means a contest that is promoted by a Buyer and in respect of which a Seller can submit one or more entries via the Website.

"Dispute Resolution Process" means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.

GWSPROJECTNETWORK.COM or GPN""we""our""company" or "the company" or "us" means GWSPROJECTNETWORK.COM

"Seller" means a User that offers and provides services or identifies as a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.

"Seller Services" means all services provided by a Seller.

"GPN Services" means all services provided by us to you.

“User”, You”, “Your”, Affiliate”, “Employer”, “Freelancer” means any person who accesses our Site, including a Site Visitor or User and including any entity or agency on whose behalf any such person accesses or uses our Site.

User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other information that you or any Site Visitor or User post to any part of the Site or provide to GPN, including such information that is posted as a result of questions.

"User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.

"Inactive Account" means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.

"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

"Local Job" or "Local Jobs" means a service we provide to match a Buyer with a Seller in relation to the provision of location specific services.

"Project" or "Listing" means a job offered or awarded by a Buyer via the Website, which may include a Project or Contest listed by a Buyer, a Project awarded by a Buyer (for example through HireMe), a service bought by a Buyer from a Seller, and service awarded by a Buyer to a Seller as a result of a Contest or competition hosted via the Website.

"Website" means the Websites operated by GREEN WEB SOFTWARE DEVELOPMENT P. LTD Inc  and available at: Gwsprojectnetwork.com and any of its regional or other domains or properties, and any related GPN service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.

DIGITAL SIGNATURE

By registering for a Gwsprojectnetwork account on the Site (an "Account"), you are deemed to have executed this Agreement electronically, effective on the date you register your Account, pursuant to applicable laws including the Information Technology laws in India. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download and print this Agreement.

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 Account username and password. You authorize GPN 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 by contacting Customer Support if you suspect or become aware of any unauthorized use of your Account.

Overview

By accessing the Website, you agree to the following terms with GPN.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.

The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website enables Users to work together online to complete and pay for Projects, buy and sell items and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties.

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

Scope

Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the GPN Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use the tools we make available to interact with the Website. Some Websites may have additional or other terms that we provide to you when you use those services.

Eligibility

You will not use the Website if you:

1.    Are not able to form legally binding contracts;

1.    are under the age of 16;

2.    a person barred from receiving and rendering services under the laws of India or other applicable jurisdiction;

3.    are suspended from using the Website; or

4.    do not hold a valid email address.

All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Subject to your local laws, a person over 18 can use an adult's account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.

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

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

Fees and Services

We charge fees for certain services, such as introduction fees for Projects, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Service and Charges, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for weekly promotional and daily offers (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.

Unless otherwise stated, all fees are quoted in the Indian Rupees.

Under the relevant Escrow Instructions, GPN automatically disburses funds that are payable to Freelancer under the Service Contract for the Job (less any applicable service fees) in accordance with the Freelancer's payment instructions provided to GPN within ninety days after the Freelancer Fees are due and payable from Client. Freelancer agrees that it will not receive interest or other earnings on the funds held  prior to disbursement to Freelancer.

If Client fails to pay the Freelancer Fees or any other amounts due under this Agreement, whether by cancelling Client's credit or debit card, initiating an improper chargeback, or any other means, GPN may suspend or terminate Client's Account, the processing of any additional payments, and any Freelancer Services in progress. Without limiting other available remedies, Client must pay GPN upon demand for amounts owed under this Agreement, plus interest on the outstanding amount at the lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable law, plus attorneys' fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, GPN, at our discretion, may set off amounts due against other amounts received from or held by GPN make appropriate

reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.

In order to use certain Site Services, Client must provide account information for at least one valid Payment Method.

Client hereby authorizes GPN to run necessary authorizations on the Payment Method provided by Client, to store such details as Client's method of payment for Services, and to charge such Payment Method in accordance with the terms of this Agreement.

User Services

Upon the Buyer awarding a Project or Contest to the Seller, and the Seller's acceptance on the Website, or the purchase of an item by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Website.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Freelancer and any User.

Consequences of Termination

In the event you properly terminate this Agreement, your right to use the Site, Account and other privileges are automatically terminated; however, (i) if you have any open Jobs when you terminate this Agreement you will continue to be bound by this Agreement until all such Jobs have closed; (ii) GPN will continue to perform those Services necessary to complete any open Job or related transaction between you and another User; and (iii) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open Jobs, whichever is later, to GPN for any Site Services and to any Freelancers for any Freelancer Services. Without limiting any other provisions of this Agreement, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Contract, or GPN from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those Site Policies necessary to implement the foregoing survive termination of this Agreement for any reason.

Dispute Resolution Services

GPN offers GPN Dispute Resolution Services to Users.. You agree and acknowledge that: (i) GPN is not providing legal services; (ii) GPN will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on GPN for any such counsel.

In the event of a dispute between a Buyer and a Seller regarding a return or release of Payments, either Buyer or Seller may elect to use the GPN Dispute Resolution Services offered by GPN as set out in the GPN dispute resolution policy. The Buyer and Seller will then be notified that the matter will be addressed through GPN Dispute Resolution Services.

You agree to indemnify and (to the maximum extent permitted by law) hold GPN and any of our affiliates harmless against any damages or liability you may suffer as a result of using the GPN Dispute Resolution Services.

Feedback

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by   emailing at support@gwsprojectnetwork.com.

 

 

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