Terms and Conditions
Terms and Conditions
Last updated on Jan 2021
Acceptance of Terms and Conditions
In order to use the service, Freelancer (also referred as “you”) must agree to the Terms and Conditions (“T&Cs”). You may not use the service if you do not accept the Terms and Conditions (Terms of Service, Terms).
PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY-
The T&Cs set forth below constitute a legally-binding agreement between The Company and the Freelancer.
A) OkayGo is engaged in the business, inter alia, of Recruitment (a platform for freelance/Contractualworkers, gig-workers, part-time workers and full-time workers).
B) OkayGo desires to engage the Freelancer on a non-exclusive basis to OkayGo's client, to carry out the service from time-to-time in accordance with the terms of this Agreement and as required by the OkayGo Client.
C) The Freelancer is a registered user on OkayGo Eflex App, enrolled to provide aforementioned services to OkayGo's client on the OkayGo platform and represented to OkayGo that the Freelancer has the requisite knowledge, expertise, experience and skill to render the Services as contemplated under the agreement to provide such services or to complete the tasks assigned by OkayGo's client, for the consideration and on the terms and conditions as set out hereinafter. Accordingly, the Parties are desirous of recording the terms and conditions of the agreement arrived between them in the manner hereinafter appearing.
D) The Freelancer clears the minimum eligibility criteria, is 18 years old at least and agrees to the payment terms and other terms of this agreement.
1. Eligibility Freelancer must not be prohibited by law from using the Service and promises to follow the law and is not a convicted felon or sex offender.
2. Modifying the Services and Termination: OkayGo may modify the terms of this agreement at any time or discontinue your services altogether. Freelancer may terminate the account by writing to us at email@example.com. OkayGo reserves the right to terminate this agreement if you violate the terms of this agreement or if OkayGo deems your service to be inappropriate.
3. Rights OkayGo Grants to Freelancer - OkayGo grants you the right to use the platform (OkayGo Eflex Application) as authorized and permitted by this agreement. OkayGo grants you a personal, nonassignable, nonexclusive, revocable, and non- sublicensable license to access and use the platform. This license is for the sole purpose of letting you earn money by offering your services to OkayGo clients on OkayGo Eflex Application intended by OkayGo and permitted by this agreement.
Therefore, Freelancer agrees not to:
• Use the OkayGo platform in any way that could interfere with, disrupt or negatively affect the OkayGo services to its clients and other users.
• Discuss anything related to commercials or payment for the services directly with the OkayGo's client. This will lead to immediate termination and loss of any payment due.
• Engage directly with OkayGo's client for higher, same or lower commercials to provide any kind of direct or indirect service bypassing OkayGo.
OkayGo may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the OkayGo platform, including termination of your account.
4. Rights Freelancer Grants OkayGo: By creating an account, Freelancer grants to OkayGo a transferable, sub-licensable, royalty-free, right and license to represent Freelancer and his/her work to OkayGo's clients.
• Freelancer agrees that all information that is submitted by him/her upon creation of his/her account, including PAN, Permanent Address and Aadhaar card information, is accurate and truthful. You understand and agree that we may monitor or review any information or content you post as part of a profile or service you provide as freelancer. OkayGo may delete any content, in whole or in part, that in its sole judgment violates this MOU or may harm the reputation of the OkayGo Services.
• When communicating with OkayGo support team or OkayGo clients or other OkayGo team members, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
• In consideration for OkayGo allowing you to use the platform, Freelancer agrees that we, our affiliates, and our third-party partners may place advertising on the Freelancers Services. By submitting suggestions or feedback to OkayGo regarding our Services, Freelancer agrees that OkayGo may use and share such feedback for any purpose without compensating you.
• You agree that OkayGo may access, preserve and disclose Freelancer's account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties or OkayGo client; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
5. Rules: By using the OkayGo platform to provide your services to OkayGo or OkayGo's clients, you agree that you will not:
• Use the Service for any purpose that is illegal or prohibited by this Agreement.
• Spam, solicit money from or defraud any OkayGo client.
• Bully, “stalk,” intimidate, harass or defame any person at OkayGo team or OkayGo Client team
• Share or post any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• Use another user's account.
• Create another account if we have already terminated Freelancer's account, unless he/she has OkayGo's permission.
• OkayGo reserves the right to investigate and/ or terminate Freelancer's account without a refund of any services if Freelancer has misused the OkayGo Platform or behaved in a way that OkayGo regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
6. Disclaimers: OkayGo Service is provided as a platform connecting Freelance or job seeking candidates with the relevant opportunities. We disclaim legal liability for the quality, safety, or financial reliability of job/task offered after the candidate has cleared the screening process, registered on OkayGo Eflex Application, signed the Agreement by OkayGo or by OkayGo client.
7. Limitation of Liability: OkayGo limits it liability to Freelancer damages for claims relating to his/her use of the OkayGo platform, the conduct of other users and unauthorized access or use of your Content. Our aggregate liability will not exceed the fees, if any, we pay you for the work done by you.
8. Arbitration: Our Agreement contains a mandatory arbitration clause. You agree that any disputes will be settled by arbitration, and you waive your right to a trial by jury or to participate in a class action.
9. Indemnity: Freelancer agrees to indemnify OkayGo for actions arising out of his/her use of the OkayGo platform, his/her jobs done and any violation of this Agreement.
10. Applicable law: The Freelancer agrees to abide by the laws and regulations that are applicable to it and shall ensure that it conducts its services in accordance with such laws at all times.
11. Scope of work: Freelancer understands and will work in accordance to the below motioned terms for the OkayGo Client.
• Task/Project Work will be published by several OkayGo clients on the OkayGo's platform
• The freelancer will examine and evaluate the nature of task / project work published by OkayGo clients and voluntarily opt for full / part of the task / project work based on own skills set and time available to work on a non-exclusive terms.
• OkayGo's client and OkayGo will be confirming the approval on the submission / service delivery on regular basis.
• OkayGo's client will be the sole judge of a task – whether it is satisfactory or not and whether a payment needs to be cleared for that task.
• Any purchase or additional purchase required will be subjected to approval by the OkayGo client and will be billed/reimbursed on actuals. For reimbursement freelancer need to submit the actual invoice copy (hard/digital) to OkayGo client through the OkayGo Eflex application.
12. Informing OkayGo if Freelancer has been given a full-time job offer: Freelancer will duly inform OkayGo if he/she has received a full-time or part-time job offer from OkayGo's client. Failing to do so will result in a financial penalty at the discretion of OkayGo.
13. Payment Terms :
• All the payment/pay-out/compensation for the freelance work/task/project completed and submitted by Freelancer will be subjected to acceptance/approval by OkayGo client.
• OkayGo will pay per approved project delivered or approved task completed by Freelancer.
• Service Fees/payment per project/task will be shared on the App or over the email with the individual freelancer or as a team.
• OkayGo will make the payment to freelancer for approved project/task only after OkayGo receive the amount from the client.
• Freelancer are expected to raise a payment request/invoice on the OkayGo Eflex app.
• OkayGo will process the payment of the raised request or invoice within 30 working days of raising the invoice/request and only after OkayGo Client has released the payment.
• Amount received by the Freelancer will be subjected to TDS deductions as per tax regulation of India.
“This agreement supersedes all / any agreement agreed by Freelancer earlier”