TERMS OF SERVICE
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PLEASE READ THIS SERVICE LEVEL AGREEMENT CAREFULLY. BY USING THE WEBSITE, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS SERVICE LEVEL AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS SERVICE LEVEL AGREEMENT, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO WeFriends.in AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.
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THIS SERVICE LEVEL AGREEMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER THE INFORMATION TECHNOLOGY ACT, 2000 AND THE RULES MADE THERE UNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS SERVICE LEVEL AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
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THIS SERVICE LEVEL AGREEMENT IS A LEGALLY BINDING DOCUMENT BETWEEN YOU AND WeFriends.in THE TERMS OF THIS SERVICE LEVEL AGREEMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME BY CLICKING ON THE “I ACCEPT” OR BY USE OR THE WEBSITE OR BY OTHER MEANS AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND WeFriends.in FOR YOUR USE OF THE WEBSITE.
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THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF THE INFORMATION TECHNOLOGY, REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OF INFORMATION RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000; THAT REQUIRE PUBLISHING OF THE SERVICE LEVEL AGREEMENT FOR COLLECTION, USE, STORAGE AND TRANSFER OF SENSITIVE PERSONAL DATA OR INFORMATION.
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Service level agreement between Buyer and Seller
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We seller is called WeFriends.in which is part of WeFriends.in and buyer is “you” who visits our website WeFriends.in and avail the services from our website are both members of WeFriends.in and are bound by the terms of the website user agreement. We have each agreed to use this services agreement (‘services agreement’) when we buy or provide services using the website. This services agreement is between us.
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WeFriends.in owns and runs the site and is not a party to this services agreement. This services agreement starts when you (Buyer) and I (seller) agree on the job. The ‘job’ means the specific services you have requested via the site based on my service description, your brief and any matters we’ve agreed on via the site that clarify and document the scope of services.
Who is a Seller?
A Seller ( I ) is a professional or expert who registers as a seller in WeFriends.in and provides all the details of his skillsets in our website.
Who is Buyer?
A Buyer (you) is a visitor who is looking for service provider and places the order by selecting the sellers in our website WeFriends.in .
This services agreement is a legally binding contract. This is not an employment relationship. I (seller) are engaged by you as an independent contractor to complete the job.
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The Jobs
You have asked me to complete the job for you. It’s your responsibility to make sure that you pick the right services to meet your needs and that you base your decision on the information published on the site. By making a payment and placing your order with me, you confirm that you understand and are satisfied that all aspects of the job, including its scope, the number of revisions available and the turnaround time, meet your needs.
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We promise to each other that we each own, or have the appropriate rights to use, everything that we submit on or via the site to each other. This includes everything that we send to, or make available to, each other including all files, assets, communications and materials (‘content’).
Enabling safe transactions – dispute resolution process.
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You enter into this agreement with another member every time you engage a job on WeFriends.in .
We agree to use the dispute resolution process to resolve any dispute between us (Buyer and Seller). If a dispute is raised, I understand that I am not owed any payment unless that dispute is resolved in my favour. A dispute raised may be ineligible for the dispute resolution process if it involves services provided, or communications made, outside the site.
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If we have made private arrangements or have a dispute about services other than the job, we will resolve our dispute between ourselves (Buyer and seller).
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WeFriends.in holds your payment to me until each of the following things happen to ‘close’ the job.
I confirm that I’ve provided the services and submit content to you for your approval; you approve the outcome of the job;
I complete the job by providing materials to you (‘job completion’) ten days pass from job completion without either of us raising a dispute; and
if a dispute has been raised, the dispute resolution process has been finalized.
Either of us can raise a dispute at any time and for up to 10 days after job completion (ie before the job is closed).
Payment for services
I will provide you with services to complete the job and in return you will pay me the price. WeFriends.in collects payment from you and holds it until the job is closed. I will only accept payment made via the site (WeFriends.in )
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You agree to make sure that you have received all materials from me within ten days of job completion. Once the job is closed WeFriends.in may release the payment to me, less a platform fee payable to WeFriends.in
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The price for the job includes all indirect taxes (like GST, taxes). I will provide you a tax invoice if you request one. We will each be responsible for bearing all other fees or taxes relevant laws impose on each of us by Government of India.
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It is important for service providers to send final files to the buyer as quickly as possible following job completion.
My commitment and promises to you I promise to communicate clearly and promptly with you and to provide the services to complete the job:
As per the description given by you on the website (WeFriends.in ) To meet, or be consistent with the quality of the examples which I have published on the website or that I have sent to you In accordance with the brief and discussion in the message board in the website platform
I deliver within the turnaround time described on the site or agreed by us.
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I agree to provide you with all content promised under this services agreement (‘materials’) and transfer materials to you promptly once you have approved the job.
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Intellectual property
I promise that I own the content I use to do the job and the materials I deliver to you, or I have all the appropriate rights and licenses to use or provide the content or materials. I promise that you do not have to seek permission from any other person to use any materials I deliver to you and that your use will not infringe the rights of any other person.
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Where the materials I deliver to you are created by me specifically for the job, I assign all worldwide intellectual property rights (such as copyright) in those materials to you.
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Where the materials I deliver to you are my pre-existing materials (such as designs or templates) I give you a worldwide, nonexclusive and perpetual license to use those materials. I will specifically identify any pre-existing materials. This license includes the right to publish, distribute, communicate, broadcast, edit, modify, and create derivative works from those materials.
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If any of the materials I propose to deliver to you are not covered by our clauses for example they are creative commons, open source or owned by others, I will not deliver such materials unless you have specifically agreed to my including them, and I must also provide you a copy of the relevant use or license terms for those materials.
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If the job involves my helping you find additional assets owned by others (e.g. stock photos), you will bear the cost of these additional assets and will license them directly (I will give you instructions on how to do so).
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If there is a dispute, charge back or refund process that results in your payment for the job being reversed, you will not have ownership or license rights to the materials I have delivered, and you must delete those materials. (In legal speak, in this situation, the license in our clauses and the assignment is revoked.)
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This contract is drafted as per the laws of The Government of India and any dispute should be resolved within the framework of the laws of the Government of India.
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You promise that you own content that you provide to me to use to do the job, or you have the appropriate rights and licenses to use that content and to license it to me to use to do the job. You promise that my use of content you provide to me won’t infringe anyone else’s rights and that I don’t need to seek permission from anyone else to use that content to do the job and create the materials.
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You give me a license to use, copy, modify and create derivative works from the content you provide to me, only for the purpose of completing the job. Except for this limited license, you retain all rights in the content you provide to me and I do not have ongoing rights to use that content. Your rights to use the materials I provide to you are covered in our clauses.
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Confidentiality
We both agree that we will not disclose or reproduce any confidential information that we receive from each other, or use each other’s confidential information except in relation to the job. Confidential information means any information that is, or would be reasonably considered to be confidential as well as anything specifically indicated as confidential. It does not mean information that is in the public domain, is already known, or is otherwise developed or obtained lawfully by the person who receives the information, unless as a result of a breach of confidentiality.
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Indemnity
You agree to indemnify me for any and all claims, liabilities, costs, expenses (including legal fees) and loss arising as a direct result of any of the following matters:
Your (Buyer) breach of the user terms;
Your (Buyer) breach of an industry code, regulation or law;
your (Buyer) breach of intellectual property belonging to others; or
your (Buyer) breach of this agreement
I agree to indemnify you for any and all claims, liabilities, costs, expenses (including legal fees) and loss arising
as a direct result of the following matters:
My (Seller) breach of the user terms;
My (Seller) breach of an applicable industry code, regulation and law;
My (Seller) breach of intellectual property belonging to others; or
My (Seller) breach of this services agreement.
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Liability
Please make sure that you carefully assess whether the job will be suitable for your needs. In some countries or states there may be consumer or fair trading law which may give you rights that I cannot exclude, restrict or modify (‘nonexcludable law’).
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I do not exclude or modify any nonexcludable law. Except as provided in a nonexcludable law, I am bound only by the express promises made in these terms and I am not bound by implied terms.
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Except as provided in a nonexcludable law, I am not liable for indirect, incidental, special or consequential damages, loss of revenue or loss of profits which result from use of or access to, or an inability to use or access, my services.
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To the fullest extent permitted by law, my liability for breach of any implied warranty or condition that cannot be excluded is limited to either the supply of services again or the payment of the cost of having services supplied again but only where the services are those supplied by me.
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How to End the agreement
You cannot cancel the job once it’s been started however you can raise a dispute at any time before the job is closed, including in the 10 days after job completion. If I cannot complete the job I will return all materials to you and your payment will be returned to you. This services agreement will end when the job is closed.