TERMS OF SERVICE AGREEMENT
LAST REVISION: 21/01/2020
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://weelwork.com (the “Website”), WeelWork Inc. (“WeelWork”) offer of Services for purchase on this Website, that available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. WeelWork will notify you of any changes or corrections 30 days before the change arrives at the primary contact address, while indicating at the top of this Agreement the date of its last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. WeelWork encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with WeelWork for other Services or services. All obligations for cash payments and refunds are retained by the parties regardless of changes in the agreement and are valid until the fulfillment of obligations. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
1. GENERAL TERMS
1.1. Services – a set of consulting services provided by WeelWork in the manner and subject to the conditions specified in this Agreement.
1.2. Public offer – a WeelWork proposal (set on the Website), addressed to an unlimited circle of individuals and legal entities following the laws of state Delaware, USA, to conclude this Agreement on certain conditions.
1.3. WeelWork Website – an Internet web page, – https://weelwork.com, which is the official source for informing Users about WeelWork and the services they provide.
1.4. User Recruiter (the “Recruiter”) is an individual or legal entity that acts as the executor of the work ordered on the Website. The user Recruiter must register on the site, get moderation through the Website Administrator and agree to the WeelWork Public Offer outlined in this Agreement.
1.5. User Client (the “Client”) is an individual or legal entity that acts as the customer of posted vacancies on the Website. The Client must register on the site, get moderation through the Website Administrator, agree to the WeelWork Public Offer outlined in this Agreement, and pay the cost of the Services.
1.6. The Website Administrator is a WeelWork representative, authorized to conduct the arbitration and request the necessary information from the Client and the Recruiter, as well as perform all necessary processes for the correct operation of the Website and the Services posted on it.
1.7. Resume (CV) – a document defining the desired Candidate for the Client. Provided by the Recruiter as part of a specific Vacancy posted by the Client.
1.8. Vacancy – an order from the Client expressed in the form of a textual description of job requirements posted in the relevant section of the Website, which may contain links to third-party sites, attached documents and comments in order to provide the Recruiter with a certain idea of which candidate needs to be found and what actions hold before submitting Resume (CV) to the Client.
1.9. Escrow – the placed prepayment from the Client for a package on the Website page (https://weelwork.com/submit-project/). The Escrow is intended to provide financing for the Order and serves as a moderation tool for the Client for interest and willingness to bear obligations on the work of the hired Recruiters.
1.9.1. Refund to the Client’s account within 3 days (but no later than 5 days) from the date of filing the refund request; The refund of the Escrow is carried out for 50% of the total amount of the Escrow, 50% remains in the account of WeelWork as compensation for the used Service (prevention of fraud by users).
1.9.2. 50% of the placed Escrow write-off for Recruiter on the first day of the work of the Recruiter’s provided candidate; the Website Administrator moderates this write-off with the Client and the Recruiter within 24 hours after the candidate’s first working day.
1.9.3. The final payment for the services of the Recruiter occurs after 90 days of work of the candidate sought for by the Client. This payment from the Client must be made to the WeelWork account within three (3) days after submitting an application from the Website Administrator within 24 after the candidate successfully completes the trial period (90 days).
1.9.4. The website represented by WeelWork reserves a commission of 20% of the total cost of the Package in case of successful completion of the probationary period (90 days) of the candidate for the Client. This amount is debited from the Deposit in the amount of 50% of the deposit. The rest of the commission is debited at the time of the final payment for the package chosen by the Client, additional payments by the Client or the Recruiter are not provided.
1.9.5. All write-offs and actions with the Escrow are carried out exclusively by the Website Administrator. Disposal of the Escrow, making amendments to the conditions by other Users of the Website are not allowed and are invalid.
1.9.6. All write-offs of Escrow are subject to the agreement of the Client and moderation of the Website Administrator.
1.9.7. Escrow package:
MIDDLE LEVEL CANDIDATE – $300 for 1 posted vacancy. (Escrow for candidates with 1,5-2,5 years of experience). The rest of the payment ($900) is made after candidate’s probation.
SENIOR LEVEL CANDIDATE – $500 for 1 posted vacancy. (Escrow for candidates with 2,5-4 years of experience). The rest of the payment ($1700) is made after candidate’s probation.
TEAM LEAD LEVEL CANDIDATE – $700 for 1 posted vacancy. (Escrow for candidates with over 4 years of experience). The rest of the payment ($2500) is made after candidate’s probation.
TECH LEAD/ARCHITECT – $800 for 1 posted vacancy. (Escrow for Tech lead/Architect candidates). The rest of the payment ($2900) is made after candidate’s probation.
C-LEVEL CANDIDATE – $900 for 1 posted vacancy. (Escrow for Director, VP or common candidates). The rest of the payment ($3300) is made after candidate’s probation.
1.10. Bonus – a reward to the Recruiter for the completed work on the candidate search and selection for a Client vacancy posted on the Website. The bonus is awarded to the Recruiter after the Client confirms Recruiter’s provided candidate has started work or passed the trial period (90 days). The Recruiter is awarded a Bonus of 80% of the total amount of the Package in two stages. Stage 1 – 10% of the bonus awarded to the Recruiter on the first day of the candidate’s work. Stage 2 – 90% of the bonus is awarded after the candidate passes the probation period, but no later than 90 days after the first day of the candidate’s work
1.11. Report – a form of a document located on the site and assigned to each Recruiter in his account. The report is intended to determine the effectiveness of the Recruiter for a particular Vacancy. The report is generated every day through the report filling form, which is sent to the Recruiter by email in the form of a link to the Website page in which Recruiter needs 9 questions to answer. The report also serves as an analytical note for the Recruiter and the Client, according to which Recruiter can determine the effectiveness of his/her work, the effectiveness of the Client’s responses, the competitiveness of the Vacancies and predict the final result of his/her work.
1.12. The Report contains a key parameter – Recruiter Efficiency. This parameter determines the combination of regulatory documents that are performed during the work on the Vacancy. The basic values for 100% Recruiter’s work efficiency are: 1 CV per day and 500 requests to suitable candidates for vacancies. The combination of two factors is determined in the following ratios: 1 resume per day – 3/4 of the total value of factors or 75% of efficiency, 500 requests for candidates – 1/4 of the total value of factors or 25% of efficiency. The Recruiter Efficiency parameter is an automatic calculation.
2. SERVICES AND SUBJECT
Terms of Offer. This Website offers for sale certain Services (the “Services”). By placing an order for Services through this Website, you agree to the terms outlined in this Agreement. WeelWork accepts an Escrow from the Client and agrees to comply with the conditions for the return and its distribution outlined in this Agreement. WeelWork transfers to Recruiters the Vacancies, which the Client posts on the Website and guarantees the payment of Bonuses following this Agreement.
User request: Unless you notify our third party call center reps or direct WeelWork sales reps, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations WeelWork and its designated in house or third party call team(s).
Opt-Out Procedure: We provide 3 easy ways to opt-out from future solicitations:
1. You may use the opt-out link found in any email solicitation that you may receive.
2. You may also choose to opt-out, via sending your email address to firstname.lastname@example.org
3. You may send a written remove request to email@example.com
Proprietary Rights. WeelWork has proprietary rights and trade secrets in the Services. You may not copy, reproduce, resell or redistribute any Service manufactured and/or distributed by WeelWork. WeelWork also has rights to all trademarks, corporate identity and specific layouts of this Website, including calls to action, posting of text, images and other information
Sales Tax. If you use any Services, you will be liable for any applicable income tax.
List of Services:
Vacancy Control and Client Support.
WeelWork accepts Vacancies posted by the Clients on the Website. The Client posts the Vacancy personally and the Website Administrator moderates and finds out details on the Vacancy by direct communication with the Client through the specified communication channels on the Client’s page. The Website monitors the completeness and correctness of the entered information to prevent inaccuracies and misunderstandings for the Recruiter, who will be involved in the work on this vacancy. The duty of the Website lies with the consultation, support and recommendations for the Client for the fastest and most convenient workflow.
Acceptance and Control of the Escrow.
WeelWork accepts funds from the Clients that ensure the budget of the Order (Vacancy). The Website is fully responsible for the safety and write-off of the Client’s Escrow. The approval of the write-off of parts of the Escrow takes place via the communication channel indicated by the Client on his page in the corresponding section of the Website.
Resume (CV) Transfer Control
The Website may conduct a preliminary assessment of the CV submitted by Recruiters in favor of the Client. The Website can match the provided CVs by the following parameters:
– The main technology stack and framework(s);
– The main experience of the candidate in years;
Control and verification of Users publicly posted information.
The Website checks the relevance and veracity of the posted public information in the Client Profile, Recruiter Profile and Vacancy section. Any key information that is classified by the Website Administrator as “untrue” gives the right to the Administrator to block the responsible user until the details are clarified.
General arbitration of the workflow.
WeelWork acts as an arbitrator between the Client and the Recruiter and assesses disputes to resolve them regarding the correctness of one or another part.
Content; Intellectual Property; Third-Party Links. In addition to making Services available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party Websites, about IT events. WeelWork does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that WeelWork does create the content on this Website, such content is protected by intellectual property laws of State of Delaware (USA), foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for professional, commercial use. Any links to third-party websites are provided solely as a convenience to you. WeelWork does not endorse the contents on any such third-party Websites. WeelWork is not responsible for the content of or any damage that may result from your access to or reliance on these third-party Websites. If you link to third-party Websites, you do so at your own risk.
Use of Website; WeelWork is not responsible for any damages resulting from the use of this Website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (4) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your professional, commercial use of the Website. You may copy, reproduce, transmit, distribute, or create derivative works of such content or information but with express written authorization from WeelWork or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant WeelWork a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, perform, create derivative works from, distribute, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world, except:
– candidate contacts database,
– website Users personal data,
– CVs or materials related to the employment of candidates for vacancies – these materials do not belong to the Website or the WeelWork company, the company does not have the right to use this material as enrichment or any other commercial activity. WeelWork can control a certain part of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and/or public content you post. WeelWork is not liable for any damage or harm resulting from any posts by or interactions between users. WeelWork is required to monitor interactions between and among users of the Website and to remove any content WeelWork deems objectionable in sole discretion.
3.1. RIGHTS AND OBLIGATIONS OF THE CLIENT, RECRUITER, WEBSITE
3.1.1. Client is required to:
– Register and provide comprehensive information about the posted Vacancy
– Pay an Escrow for the posted Vacancy on the Website
– Provide information about the history of the Vacancy (how long it has been open, why it is open, is there a stop list etc.) before publishing on the Website.
– Provide detailed feedback on the candidate’s CV, which is provided by Recruiters for the posted Vacancy no later than 72 hours after the acceptance of the CV.
– Provide detailed feedback on an interview or another stage of the candidate’s selection no later than 48 hours after the procedure.
– Provide a detailed answer on all questions from Recruiters and Website representatives as part of the posted Vacancy no later than 24 hours after its reception.
– When the Vacancy is closed, report on that status to all participants involved in the working process on the Vacancy (Recruiters, Website Administrator) within 12 hours, as well as the following information:
– the reason for closing the vacancy
– who provided proper candidate and when (if any)
– keep and do not disclose personal information about candidates and Recruiters, adhere to the GDPR rules
3.1.2. Recruiter is required to:
– Register and provide information confirming the identity and work experience (at the request of the Website Administrator) no later than 24 hours after receiving the request from the Website Administrator.
– Provide a detailed answer on all questions from the Client and Website representatives as part of the posted Vacancy no later than 24 hours after its reception.
– Provide a CV that meets the requirements of the Vacancy description, as well as taking into account the requirements that are named by the Client in the working process on the Vacancy
– Fill out and submit the work Report on the Vacancy, which is sent on the e-mail every day
– Within 30 calendar days find a one-time replacement for a candidate who has not passed the probation period (90 days) from the moment of his/her first working day as part of the Vacancy that the Recruiter worked with and received the Bonus for Stage 1 (clause 1.10 of this Agreement). If the Recruiter does not find a replacement, then for any next Vacancy closed by this Recruiter, the Bonus for the Vacancy will be equal to 100% of the total bonus for the Vacancy minus the amount received for the previous Vacancy for Stage 1 (clause 1.10 of this Agreement).
– To comply with the work ethic and not harm the reputation of the Client by disclosing information about the Client, Vacancy or business processes taking place in the management of the Client
– Keep and do not disclose personal information about the Client and his representatives
– Keep and do not disclose information that is classified as confidential to the Client.
– Keep and do not disclose personal information about candidates (send their contacts only with the candidates’ consent), adhere to the rules of the GDPR.
3.1.3. Website is required to:
– Accept and verify incoming information about the Client, give recommendations and a conclusion on the posted Vacancy
– Confirm the acceptance of the Escrow from the Client and give unhindered access to the list of Recruiters for working with them
– Track the progress of work on the Vacancies from all hired Recruiters and respond to changes or complaints from the Client and the Recruiter within 24 hours.
– Accept incoming information about the Recruiter and verify its authenticity and relevance.
– Conduct conclusions and recommendations on closed Vacancies, write-off Escrow and make payments to Recruiters following the Escrow writing-off rules.
– Refund the Escrow to the Client’s account upon request, but no later than 5 days after receipt of the request. The Escrow is returned following the terms of this Agreement (clause 1.9. – 1.12.)
– To pay the reward to the Recruiter for the successful closed Vacancy on which the Recruiter worked following the rules for Escrow writing-off in the terms of this Agreement (clause 1.9. – 1.12.)
– Keep and do not disclose personal information about the Client and his representatives
– Keep and do not disclose information that is classified as confidential to Client and Recruiter
– Keep and do not disclose personal information about candidates (send their contacts only with the candidates’ consent), adhere to the rules of the GDPR.
3.1.4. Client Rights
– Post and edit information about the company and contact person in your account
– Require and receive information about the work of the Recruiter for the posted Vacancy through daily Reports
– To replace the Recruiter in the absence of obligations for candidates of the former Recruiter
– Request a refund of the Escrow from the Website at any time
– Close a Vacancy at any time by providing a detailed answer about the reason for closing.
– Require the Recruiter to send the Candidates CV in a special form and with the necessary comments
3.1.5. Recruiter Rights
– Post and edit information about yourself in your account (except for identifying fields, such as Name, Surname, email, phone and a link to the LinkedIn profile)
– Request and receive information from the Client on changing the status of Vacancy
– Require and receive detailed feedback on the status of the submitted CV for this Vacancy (no later than 72 hours after the acceptance of the CV)
– Require and receive detailed feedback on an interview or another stage of candidate’s selection on the Client’s side (no later than 48 hours after its proceed)
– Claim and receive a reward from the Website for successful closed Vacancy according to this Agreement.
– Require the Website to provide information on the Vacancy and the Client with whom Recruiter planning to work or working now.
3.1.6. Website Rights
– Require and receive information from the Client and the Recruiter under clauses 3.1.1. and 3.1.2.
– Block the Client and the Recruiter accounts based on the rules described in this Agreement
– Manage the Escrow based on the rules described in this Agreement
– WeelWork has unlimited access to the correspondence of the Client and the Recruiter as part of the work on this Website.
– The Website has the right to freeze the Bonus for the Recruiter in case of proving the Recruiter’s exclusively guilt of damaging the Client’s reputation as part of the work with the Client’s Vacancy, which is posted on the Website.
– The Website has the right not to pay the Bonus to the Recruiter in case not fulfilling the obligation to replace the candidate under the clause on the replacement of the candidate during the probation period.
3.2. RESPONSIBILITY OF CLIENT, RECRUITER, WEBSITE
3.2.1. Client Responsibility.
In case of failure to fulfill obligations under clause 3.1.1. a complaint in the form of a written warning may be presented to the Client in the main communication channel indicated in the Client’s profile. In case of no reaction from the Client to the letter within 48 hours, a penalty of 50% of the placed Escrow may be deducted. The rest of the Escrow will be refunded to the Client bank account. The written-off penalty is distributed as follows – 30% is distributed between the Recruiters who worked with the Client’s vacancy and did not receive answers to the submitted CVs or chosen finalists, 20% goes to the Website.
Client is not responsible for:
– the actions of the Recruiter, whom he hired to work on the vacancy
– financial and administrative relationship between the Recruiter and the Website
– Recruiter reputation for Candidates
– Website reputation for Recruiters
– Website reputation for Candidates
3.2.2. Recruiter Responsibility.
In case of failure to fulfill obligations under clause 3.1.2 a complaint in the form of a written warning may be presented to the Recruiter in the main communication channel indicated in the Recruiter’s profile. In case of no reaction from the Recruiter to the letter within 48 hours, the Weelwork Platform may forcibly block Recruiter account until clarification. All recommended CVs from the Recruiter will be automatically credited to the Client as his own, without writing-off the Escrow. Bonuses accrued earlier for closed Vacancies will be frozen until the circumstances are clarified.
3.2.3. Website Responsibility
– The Website is responsive to the Client for the safety of the Escrow placed by the Client under this Agreement, but not more than the amount of the placed Escrow.
– The Website is responsive to the Client for the relevance and accuracy of the information that Recruiters post about themselves, but not the information that the Recruiter passes to the Client personally.
– The Website is responsive to the Recruiter for the payment of the Bonus under this Agreement, but no more than the amount of the Bonus assigned to the Recruiter
– The Website is responsive to the Recruiter for the relevance and accuracy of the information that the Client posts about himself, but not the information that the Client passes to the Recruiter personally
– The Website is responsive to the Client and the Recruiter for the timely response to requests for settlement of disputes.
4. DISCLAIMER OF WARRANTIES
WeelWork does not guarantee the honesty and adequacy of users who have entered into a working relationship outside the Website. This means that if claims to one of the parties are identified, WeelWork will be forced to stop working, refund the placed Escrow to the Client’s account according to this Agreement and close access to the Website for the Recruiter or the Client.
WeelWork is obligated to verify but does not guarantee the veracity of the information provided by users on the Website.
5. LIMITATION OF LIABILITY
WeelWork entire liability, and your exclusive remedy, in law, inequity, or otherwise, concerning the Website content and services and/or for any breach of this agreement is solely limited to the amount you paid or earn on the Website.
WeelWork will not be liable for any direct, indirect, incidental, special or consequential damages not related to this agreement or the services in any manner, including liabilities resulting from (1) the use or the inability to use the Website content or services; (2) the cost of procuring substitute services or content; or (3) any lost profits you allege.
You will release, indemnify, defend and hold harmless WeelWork, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Services or your use of the Services (including Trial Services); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; (6) any information or data you supplied to WeelWork. When WeelWork is threatened with suit or sued by a third party, WeelWork may seek written assurances from you concerning your promise to indemnify WeelWork; your failure to provide such assurances may be considered by WeelWork to be a material breach of this Agreement. WeelWork will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Services, with counsel of WeelWork choice at its expense. WeelWork will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend WeelWork against any claim, but you must receive WeelWork prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Services.
8. AGREEMENT TO BE BOUND
By using this Website or ordering Services from this Website, you acknowledge that you have read and agree to be bound by all of the terms and conditions of this Agreement.
Force Majeure. WeelWork will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Entire Agreement. This Agreement comprises the entire agreement between you and WeelWork and supersedes any prior agreements about the subject matter contained herein.
Effect of Waiver. The failure of WeelWork to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from USA, Delaware state. This Agreement will be governed by the laws of the State of Delaware (USA) without regard to its conflict of law principles to the contrary. Neither you nor WeelWork will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or because of this Agreement, other than in courts located in the State of Delaware (USA). By using this Website or ordering Services, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim to arise under or because of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.
Termination. WeelWork reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and WeelWork may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Services. If your access to the Website is terminated, WeelWork reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until WeelWork chooses, in its sole discretion and without advance to you, to terminate it, at the same time, returning all funds you invested and earned on the Website that is needed to be paid or refunded to you.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. WeelWork may not assign its rights and obligations under this Agreement.
10. WEELWORK BANK DETAILS
ACH transfer: 081904808
Swift Code: BOFAUS3N
Address: 222 BROADWAY, NEW YORK, NY 10038