Terms
VASKA FREELANCING USER AGREEMENT AND TERMS OF USE.
USER AGREEMENT
This is important: This User Agreement (“Agreement”) contains important information about your legal rights, remedies, and obligations, and is a legally binding agreement between you (“you” or “User”) and Vaska Freelancing Limited. (“Vaska,” “we”, or “us”), governing your use of Vaska’s Site and Site Services (collectively, “Services”).You understand that by using the Vaska Site or Site Services (which generally means using in any way our work marketplace Vaskafreelancer.com or our applications), and by clicking accept when prompted on the Site, you agree to be bound by all agreements which constitute Vaska’s Terms of Service, and you agree that the “Terms of Service” means every agreement linked herein including , Authorization Agreement, Privacy Policy and Terms of Use etc. You should read all of our terms carefully because you are promising not to break any agreements in the Terms of Service.
If you want to use our work marketplace or any of our services (which we refer to altogether as Services), whether just by looking around or by registering an account, you must first read and agree to this section. If you don’t understand this Agreement or you don’t agree to all of its terms and conditions, you may not use our Services. If you do not understand or agree to this Agreement, do not click to accept this Agreement, “Sign Up”, “Create My Account”, or similar, and do not visit Vaskafreelancers.com, use our mobile applications, or otherwise use our Services. If you are using our Services on behalf of a business or legal entity, you may only do so if you have authority to agree to the Terms of Service on behalf of that business or legal entity.
VASKA ACCOUNT
How you can register for Vaska account and the different types of accounts that you can have.
- REGISTRATION
You must register for an account to have full access to our Services, and your registration is subject to our approval.
You must register for an account with us (“Account”) to access and use certain portions of our Services. Registered users of our Services are “Users”, and unregistered users are “Site Visitors”.
Your Account registration is subject to approval by Vaska. We reserve the right to decline a registration either to join Vaska or to add an Account of any type, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
1.2 ACCOUNT ELIGIBILITY
You promise to use our Services for business purposes only. To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts
Vaska solely provides the Services for corporate use; it does not provide them for consumer or personal usage. By creating an account or using our services, you certify that you are (a) operating under your own name as a sole proprietor, self-employed individual, or employee of an independent business (such as a corporation, limited liability company, or other entity); (b) using our services only for business purposes; and (c) adhering to all licensing, registration, and other legal requirements pertaining to your business or the business for which you are acting as an agent and (d) are either a legal entity or an individual who is at least 18 years old (or the age of majority in your country if the age of majority is over 18), and that you can form legally binding contracts.
1.3 ACCOUNT PROFILE
You must provide accurate personal information when you sign up and you must update your account if your personal information changes. We can suspend or terminate your account if the information you give us is false, outdated, or incomplete.
- General Once you have registered with the Website as a Registered User, the Website will create your Account with Vaskafreelancing.com and associate it with an account number.
- Username & Password During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize Vaska to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
- Freelancers As described on the Website, a Freelancer uses proposals to submit quotes for Projects. If a Freelancer requires additional proposals in a given month, the Freelancer has the option to buy additional proposals by purchasing a Proposal Pack as described on the Website. We reserve the right to change membership fees, the monthly number of proposals included in the membership options or the price Proposal Packs or institute new fees at any time, at the sole discretion of Vaska and upon reasonable notice posted in advance on the Website. No refunds of membership fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
1.4 ACCOUNT TYPES
We offer three types of accounts (“Account Types”): Client, Freelancer, and Agency (which is a special kind of Freelancer account). Once you register for an Account, you can add Account Types without re-registering. You promise to register for only one Account that requires a unique log in. This Account will house all of your Account Types. Never share your Account password with anyone; you can give permissions to other Users to act under your Account Types as Team Members or Agency Members if needed.
We offer several different Account Types. Once you register for your Account (only one per User), you can add other Account Types under the same username and password. For example, if you already have a Freelancer Account Type (defined below), you can add a Client Account Type (defined below) to your Account without re-registering. You agree not to register for or maintain more than one Account and Profile without express written permission from us.
If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company. More than one person can create an Account as an employee or agent on behalf of the same company.
1.4.1 CLIENT ACCOUNT
You can register for an Account or add an Account Type to use the Services as a Client (a “Client Account”). Client Account Types have a feature that allows the account owner to give permissions to other Users (“Team Members”) to act on behalf of the Client Account. Each Team Member must have their own Account to be added as a Team Member on the Client Account.
1.4.2 FREELANCER, AGENCY, AND AGENCY MEMBER ACCOUNT
Freelancer: You can register for an Account or add an Account Type to use the Services as a Freelancer (a “Freelancer Account”).
Agency and Agency Member: A specific type of Freelancer Account you can add is an “Agency Account”, which is referred to as an “Agency”. Agency Account Types have a feature that allows the Agency owner to give permissions to other Users (“Agency Member”) to act on behalf of the Agency. Each Agency Member must have their own Account to be added as an Agency Member on the Agency Account.
You acknowledge and agree that the Agency Account owner is solely accountable and assumes all liability for (a) determining whether your Agency Members are employees or independent contractors and (b) compensating your Agency Members for work done on behalf of the Agency for Projects in accordance with applicable law or contract. Furthermore, you acknowledge and accept that I the Agency may decide which of its Agency Members’ profiles are visible and what their prices and rates are, and (ii) the Agency Member’s profile may include work history from the Agency Account, even after the Agency Member has ceased to be an Agency Member.
1.5 ACCOUNT PERMISSIONS
You are responsible for all activity on your Account.
You may provide other Users permissions to act on your Account only as described in Section 1.3 and you agree not to request or allow another person to create an Account for you, your use, or your benefit, except that authorized employees or agents 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 that: (a) the User is authorized to act on your behalf; and (b) you are fully responsible and liable for what the User does and does not do, including with respect to making payments and entering into Service Contracts and the Terms of Service. If any User granted permissions under your Account violates the Terms of Service, it may affect your ability to use our Services. When an Account is closed, Vaska may close any related.
1.6 IDENTITY AND LOCATION VERIFICATION
You will allow us to verify your identity, location, and business affiliations from time to time.
When you register for an Account and periodically 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 Vaska. You authorize Vaska, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your business, email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes providing official government or legal documents, and cooperating with other reasonable requests we make to verify your identity. During verification some Account features may be temporarily limited but will be restored if verification is successfully completed.
1.7 USERNAMES AND PASSWORDS
You will keep your username and password secret and will not share them, and you will not use anyone else’s username and password.
Each person who uses our Services must register for their own Account with a username and password. You are responsible for safeguarding and maintaining the confidentiality of your username and password, and agree not to share your username or password with anyone. You are responsible for safeguarding your username and password and for any use of our Services with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password. You further agree not to use the Account or log in with the username and password of another User. See Section 1.5 Account Permissions for information on allowing another registered User to act on your behalf in your Account.
2. PURPOSE OF VASKA
What we do and do not do when providing our Services and some of your responsibilities when using our Services.
The Vaska Site is a work marketplace where Clients and Freelancers can identify each other and advertise, buy, and sell Freelancer Services online. Subject to the Terms of Service, Vaska provides the Services to Users, including hosting and maintaining the Vaska Site, facilitating the formation of Service Contracts and Direct Contracts, and assisting Users in resolving disputes which may arise in connection with those contracts. When a User enters a Service Contract, the User agrees to use the Services exclusively to invoice, receive, and pay any amounts owed under the Service Contract.
2.1 RELATIONSHIP WITH VASKA
We offer a work marketplace: an online platform for Users to find and connect with each other. We are not involved directly in your negotiations or the delivery of Freelancer Services and are not a party to any agreements you may make with other Users. You are solely responsible for your content published to Vaska and for your agreements with other Users, including vetting each other and performance under the agreements.
Vaska offers a platform that enables Users to find one another, enter into service relationships and agreements, receive and provide Freelancer Services, and make and receive payments through escrow. Vaska neither performs nor employs individuals to perform Freelancer Services. You acknowledge and agree that Vaska does not supervise, direct, control, or monitor Users in the performance of any contractual obligations they may have under a Service Contract or Direct Contract and agree that: (a) Vaska is not responsible for ensuring the accuracy or legality of any User Content, for which Users are solely responsible; (b) Vaska is not responsible for the offering, performance, or procurement of Freelancer Services, (c) Vaska does not make any representations about or guarantee any particular User’s offered services, and (d) nothing will create an employment, agency, or joint venture relationship between Vaska and any User offering services. While Vaska may provide certain badges on Freelancer or Client profiles, such badges are not guarantees, including of quality or ability or willingness of the badged Freelancer or Client to complete a Service Contract.
You further acknowledge and agree that Users, and not Vaska, are solely responsible for (a) evaluating and determining the suitability of any Project, Client, or Freelancer; (b) assessing whether to enter into a Service Contract or Direct Contract with another User and for verifying any information about another User, including Composite Information; (c) deciding whether to enter into a Service Contract or Direct Contract on Vaska as well as the contract terms, and (d) negotiating, agreeing to, and executing any terms or conditions of the contracts and for performing and monitoring performance under them. All Service and Direct Contracts between Users are directly between the Users and Vaska is not a party to those contracts.
If you are an Agency or Agency Member, you expressly acknowledge and agree that, in addition to the provisions above, the Agency is solely responsible for paying its Agency Members for work performed on behalf of the Agency.
Nothing in this Agreement is intended to or does prohibit or discourage any User from engaging in any other business activities or providing any services through any other channels they choose, provided, if applicable, Users comply with the Opt Out provisions described in Section 11. Users are free at all times to engage in such other business activities and services and are encouraged to do so.
2.2 TAXES AND BENEFITS
Freelancers are responsible for paying their own taxes, obtaining their own insurance, and ensuring they comply with applicable laws and regulations.
Freelancer acknowledges and agrees that Freelancer is solely responsible for: (a) all tax liability associated with payments received from Freelancer’s Clients and through Vaska, and that Vaska will not withhold any taxes from payments to Freelancer unless required to under applicable law; (b) obtaining any liability, health, workers’ compensation, disability, unemployment, or other insurance needed or required by law, and that Freelancer is not covered by or eligible for any insurance from Vaska; (c) determining and fulfilling Freelancer’s obligations under applicable laws and regulations with respect to invoicing and reporting, collecting, or remitting any applicable taxes or charges; and (d) if outside of the Republic of Ghana, determining if Vaska is required by applicable law to withhold any amount of the Freelancer Fees and notifying Vaska of any such requirement and indemnifying Vaska for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Vaska, Freelancer agrees to promptly cooperate with Vaska and provide copies of Freelancer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Freelancer is engaging in an independent business as represented to Vaska.
2.3 MARKETPLACE FEEDBACK AND USER CONTENT
Users publish and ask Vaska to publish information and feedback on the Site. We are not responsible for that content, and your publication or use of it is at your own risk.
You acknowledge and agree that Users publish and request Vaska to publish on their behalf information on the Site such as feedback, composite feedback, or geographical location. Such information is based on data that Freelancers or Clients voluntarily submit to Vaska and does not constitute an introduction, endorsement, or recommendation by Vaska. You agree that Vaska is not responsible for verifying such information and provides it solely for the convenience of Users, but providing false or misleading information violates this Agreement and may result in revocation of your access to use the Site Services.
You acknowledge and agree that User feedback benefits the marketplace and its Users, and you specifically request and agree that Vaska may make available to other Users individual and composite feedback about Users, including you. You acknowledge and agree that any feedback results for you, including your Job Success Score and other User Content highlighted by Vaska on the Site or otherwise (“Composite Information”), may include User comments, User ratings, indicators of User satisfaction, and other feedback left by other Users. Vaska is not responsible for monitoring, influencing, contributing to or censoring these opinions. You agree to notify Vaska of any error or inaccurate statement in your feedback results, including the Composite Information, and you agree that Vaska may rely on the accuracy of such information if you do not. Vaska provides its feedback system as a means for Users to share their working experiences with and opinions of other Users publicly, and you acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the business advertised in the Profile and not to any individual person. You agree not to use the Composite Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Vaska generally does not review or monitor User Content. You agree that we are not responsible for User Content. We cannot always prevent the misuse of our Services, and you agree that we are not responsible for any such misuse. Vaska reserves the right (but is under no obligation) to remove posted feedback or information that Vaska determines violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interest of vaska.
TERMS OF SERVICE
- CONTRACTUAL RELATIONSHIP BETWEEN CLIENT AND FREELANCER
This section discusses the relationships you may decide to enter into with another User, including contracts to buy or sell Freelancer Services with another User.
3.1 SERVICE CONTRACTS AND DIRECT CONTRACTS
Users, not Vaska, are responsible for deciding whether to enter into agreements with other Users and for determining what the terms of those agreements will be.
As provided in Section 2.1 above, if a Client and a Freelancer decide to enter into a Service Contract, the contract is a contractual relationship directly between the Client and the Freelancer; Vaska is not responsible for and is not a party to any Service Contract and under no circumstances will any such contract create an employment or any service relationship between Vaska and any User.
With respect to any Service Contract, Clients and Freelancers may enter into any agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.), provided that those agreements do not conflict with, narrow, or expand Vaska’s rights and obligations under the Terms of Service, including this Agreement and the applicable Escrow Instructions.
The parties to a Service Contract can, if the parties prefer, agree to the Optional Service Contract Terms in whole or in part, in addition to or instead of other such agreements. The parties to a Service Contract expressly agree that the Optional Service Contract Terms will and do apply to their contract to the extent that they have not agreed to other terms or agreements that conflict with the Optional Service Contract Terms. Users are solely responsible for deciding whether to use the Optional Service Contract Terms, and Vaska does not assume any responsibility for any consequence of using the Optional Service Contract Terms, which are provided as a sample only and may not be appropriate for all jurisdictions or all contracts. The Optional Service Contract Terms are not intended to and do not (a) constitute legal advice, (b) create an attorney-client relationship, or (c) constitute advertising or a solicitation of any type. You should seek legal advice from a licensed attorney for your particular needs.
3.2 DISPUTES AMONG USERS
You agree to try to resolve your disputes with other Users by following the dispute resolution process in the Escrow Instructions that apply to your contract.
For disputes arising between Clients and Freelancers, you agree to abide by the dispute resolution process that is explained in the Escrow Instructions that apply to your particular Service Contract or Direct Contract. If that process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Vaska will not and is not obligated to provide any further dispute resolution assistance.
If Freelancer or Client seeks an order from an arbitrator or court that might direct Vaska, Vaska Escrow, or our Affiliates to take or refrain from taking any action with respect to an Escrow Account, that party will (a) give us at least five (5) business days’ prior notice of the hearing on the order; (b) include in any such order a provision that, as a precondition to any obligation affecting Vaska or Vaska Escrow, we be paid in full for any amounts to which we would otherwise be entitled; and (c) include in any such order a provision that, as a precondition to any obligation affecting Vaska or Vaska Escrow, Vaska be paid for the reasonable value of the services the order obligates us to undertake.
3.3 CONFIDENTIAL INFORMATION
Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the Vaska Privacy Policy. It is your responsibility to review the Vaska Privacy Policy, which is incorporated by reference, and we suggest that you review the Privacy Policy and print a copy for yourself. The Privacy Policy is posted on the Website and may be updated from time to time. Unfortunately, we cannot ensure that disclosure of your personal information will not occur in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
A. Registered User Content
- You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content“), (b) any posting or listing made in any public message area, through any email feature or through Vaska feedback feature (collectively, “Non-Multimedia Content“) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content“). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
- You hereby assign to Vaska your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing Vaska products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
- Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
- We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
4. VASKA FEES
A. Service Fees Vaska deducts one or more of the following fees, as applicable, from payments made by Clients to Freelancers using the Vaska Billing and Payment Services:
- Project Fee Vasks charges all Freelancers a Project Fee. The fee is based on a Freelancer’s profile membership type and is deducted from the total amount paid by a Client for a Project. Freelancers are charged a 3% to 10% Project Fee.
Client Payment Processing Fee If a client pays a Freelancer, a client Payment Processing Fee depending
- Freelancer Transfer Method Fee If, upon a Freelancer’s request, funds are to be disbursed via check or an NEFT transfer or through Paypal a Freelancer Transfer Method Fee will be charged to the Freelancer as described on the Website.
- Dispute Resolution Service Fee For use of Dispute Resolution Service, irrespective of the nature of resolution and any resulting disbursements, Vaska charges a Dispute Resolution Service Fee, equal to USD 100 or 5% (whichever is greater) of the total amount paid by a Client to Vaska for the applicable project to which such payment relates.
B. We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by Vaska at any time, at the sole discretion of Vaska and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
4.1 VAT AND OTHER TAXES Vaska Fees are exclusive of taxes. Vaska does not collect taxes it is not required to collect, but Vaska may be required by applicable law to collect certain taxes or levies, including income tax or VAT (which some jurisdictions refer to as local sales taxes). These collection requirements and rates may change based on changes to the law in your Country. Any amounts Vaska is required to collect or withhold for the payment of any such taxes shall be collected in addition to the fees owed to Vaska under the Terms of Service.
5.0 NO FEE FOR INTRODUCING OR FOR FINDING PROJECTS
Vaska does not introduce Clients to Freelancers. Vaska offers a platform that enables Freelancers to introduce themselves and may from time-to-time highlight Projects or Freelancers that may be of interest. Therefore, Vaska does not charge a fee when a Freelancer finds a suitable Client or finds a Project. In addition, Vaska does not charge any fee or dues for posting or viewing feedback, including Composite Information.
6.0 VASKA BILLING AND PAYMENT SERVICES
A. Vaska Invoice Service the Vaska Invoice Service enables Freelancers to issue invoices and enables Clients to make payments for services.
- General When a Freelancer completes a Project for a Client, the Freelancer will complete the electronic invoice form (the “Invoice”) and submit it to Vaska via the Website. A Freelancer must complete and submit an Invoice to Vaska for each and every Project. The Freelancer will provide Vaska with a list of items, including, but not limited to, hours worked, payment required and description of Project(s), to be included on the Invoice (“Invoice Details “). Such Invoice Details will not be final until and unless such Freelancer has confirmed the accuracy of the Invoice Details or waived the right to review the Invoice Details. If a Professional waives his, her or its right to review the Invoice Details, all items in the Invoice Details will be included on the Invoice as received by Vaska. VASKA ENCOURAGES ALL FREELANCERS TO REVIEW INVOICE DETAILS. Vaska will submit the Invoice to the Client and the Client shall submit the payment specified in the Invoice (“Payment “) to Vaska. When a client makes a payment through the Vaska Invoice Service, Vaska deducts the appropriate Service Charges due to Vaska as described on the Website and delivers the remainder of the Payment to the Freelancer.
- Invoice Disputes If a client reasonably disputes any Invoice, the client will pay all undisputed amounts within the time frames specified above and the parties will cooperate to verify any disputed amounts. Any Invoice amounts reasonably disputed by a client will not be payable to a Freelancer until such dispute is resolved. Vaska’s obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon:
- Vaska’s receipt of Payment from the applicable Employer.
- resolution of all outstanding disputes with respect to such Invoice and/or Payment.
B. Vaska Escrow Acount- The Escrow Account enables clients to transfer certain payment responsibilities to Vaska.
- General At a Client’s request, upon payment to Vaska by a client for services to be rendered by a Freelancer, Vaska will assume responsibility for the payment for such Freelancer’s services (less applicable Service Charge). Vaska agrees not to pay Freelancers for services until after the occurrence of a Client’s Acceptance of Services. You acknowledge that such funds will belong to Vaska immediately upon such funds being transferred to Vaska by you. However, Vaska agrees to refund such funds to Employer in the event that (y) a Freelancer acknowledges that services have not been completed or (z) Client and Freelancer have concluded the process comprising the Dispute Resolution Service with a result indicating that Client is the rightful recipient of such funds. Vaska agrees to keep both Client and Freelancer informed as to the status of the Assumed Payment Liability and if, for any reason, a party requests Dispute Resolution Service regarding such status, will notify both parties that the matter will be addressed through the Dispute Resolution Service.
- Escrow Account Disputes If a Client or Freelancer reasonably disputes the quality or completion of services provided by such Freelancer, then both Client and Freelancer agree that Vaska shall have no payment obligations to any party related to relevant fees until such dispute is resolved in accordance with Section 6 below. Vaska’s obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such Payment.
Funds Transfer
General To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if Vaska determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, Vaska has the right to refuse to process such request.
- Hold On Transfers Vaska reserves the right, at its sole discretion, to place a hold on requested transfers if Vaska suspects monies may be subject to charge back, bank reversal, failure to clear or fraud. Vaska will release a hold as soon as practical.
Legal Relationship
- Vaska is not your agent with respect to any funds that have been transferred to Vaska for any Assumed Payment Liabilities.
- Each Freelancer must properly discharge and credit Clients for all payments that Vaska makes to such Freelancer in respect of services provided to such Clients.
- Vaska acts as a payment provider by creating, hosting, maintaining, and providing the Vaska Billing and Payment Services to you via the Internet. Vaska does not have any control over the services invoiced or paid for with the Vaska Billing and Payment Services. Additionally, Vaska does not control whether a client or Freelancer will actually complete the underlying transaction. Vaska is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any work product produced by a Freelancer as a result of an awarded Project.
- By using the Vaska Billing and Payment Services, you expressly acknowledge that
- Vaska is not acting as a trustee or a fiduciary of Clients or Freelancers and that the Vaska Billing and Payment Services are provided to Registered Users administratively;
- Vaska is not a “financial institution” and the Vaska Billing and Payment Services are payment services rather than a banking services;
- Vaska IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH VASKA ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
NOTE. NO INTEREST. You will not earn any interest on the money we hold in your Escrow Account and you understand that we charge fees for our services, as explained in Section 5.
You agree that you will not receive interest or other earnings on the funds held in your Escrow Account. Vaska, Vaska Escrow, or our Affiliates may charge or deduct fees, may receive a reduction in fees or expenses charged, and may receive other compensation in connection with the services we provide.
Miscellaneous Payment Terms
- We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- Authorized Payments are Final. Your use of the Vaska Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account etc. Such payments, once authorized, are final. When a Client’s Acceptance of Services has occurred,
- Vaska shall have no further liability to any party with respect to Payment for such services,
- Employer acknowledges that Vaska has provided a complete service in respect of the payment made by Employer for the Assumed Payment Liability or Invoice, as applicable and
- Employer hereby releases Vaska from any and all liability with respect to such Payment.
- Fraudulent Transactions; Erroneous or Duplicate Transactions; Charge Backs. Vaska reserves the right to seek reimbursement from you, and you will reimburse Vaska, if Vaska discovers a fraudulent transaction, erroneous or duplicate transaction, or if Vaska receives a charge back or reversal from any Client’s credit card company, bank, or PayPal for any reason. You agree to and acknowledge Vaska’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Vaska in an effort to investigate fraud. You agree that Vaska has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.
- Currency. The Vaska Billing and Payment Services operate in USD and therefore Vaska is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than USD, nor is Vaska responsible for currency fluctuations that occur when receiving or sending payment via check, NEFT Transfer, credit card account or PayPal account Etc.
- Exclusivity and Non-Circumvention. Clients agree to use the Vaska Billing and Payment Services to make all payments to Freelancers, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the Vaska Billing and Payment Services or any associated fees. As a Freelancer, you agree to use Vaska Billing and Payment Services to receive all payments from Employers identified through the Website, whether first-time, repeat, or follow-on. Additionally, you agree not to circumvent the Vaska Billing and Payment Services or any associated fees.
- Notification. As a client, you agree to notify Vaska immediately if your Freelancer solicits payment from you outside the Website. As a Freelancer, you agree to notify Vaska immediately if your Employer seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the Vaska Billing and Payment Services, please submit a confidential report to Vaska by sending an email to info@Vaska.com.
- Agreement to Pay. If, for any reason, Vaska does not receive payment for any amounts that you have authorized to be paid through your use of the Vaska Billing and Payment Services, you agree to pay such amount immediately upon demand by Vaska. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Vaska in collecting from you the authorized but unpaid amount. In such case, Vaska may, at its option, stop processing any further payments made by you and apply any amounts then held by Vaska on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Vaska Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
- Guaranteed Contest. The Prize Money once deposited for Guaranteed Contest is non- refundable, in cases where client raised a Contest Cancellation request within 24 Hrs only in those cases Guaranteed Contest will be cancelled and Prize Money will be refunded
7.0 CANCELLATION AND REFUND
Before a client cancels a Service/Project, we recommend them to communicate with the Freelancer and express their concerns so that the Freelancer has an opportunity to address them. Most issues can be sorted out efficiently with simple communication and Freelancers on Vaskafreelancing.com care about keeping their clients happy. If the client is not able to communicate with the Freelancer or communication with the Freelancer is not working and the client feels that the Freelancer is not adhering to the Rules of engagement, then the client can also contact Vaskafreelancing.com Customer Support for assistance to get the Service/Project back on track.
7.1 Cancellation of a Service/Project
- After the Commencement of a Service/Project, both the client or freelancer may request a cancellation:
The requestor must notify the other party of the cancellation by placing a message in the Workstream or Chat Box. Alternatively, if there are funds in the Vaska Escrow Account and the Client or Freelancer believes that they are entitled for a refund, the Client can notify the Freelancer of the cancellation by requesting a refund using the “Request Refund” action on the Workstream.
If the Client fails to notify the Freelancer in the Workstream that he wishes to cancel the Project and the Project is subsequently completed, the Client must pay for the service delivered in accordance with these terms and conditions.
- Once notified of a cancellation:
The Freelancer should stop working on the Service/Project immediately;
The parties should agree in the Workstream what payment is necessary for any work completed (or time spent, if it is a per hour Custom Project). If the cause of the cancellation was not due to the circumstances defined above the Freelancer is entitled to request payment at minimum equal to the value of the deposit funds held in the Vaska Escrow Account.
7.2 Refund Polic
- A Client is entitled to receive a refund of funds held in the Vaska Escrow Account under the following circumstances:
no response: the Freelancer has not responded in the Workstream within 1 day of proposal acceptance by the Client;
non-delivery:
- for Services, the Freelancer of the Service did not deliver the scope of work within the delivery timescale indicated in the Service or as agreed with the Client within the scope of Vaskafreelancing.com platform (Workstream).
- for fixed price or price per item Custom Projects, non-delivery means agreed scope of work was not delivered within the agreed timescale;
- for per hour rate Custom Projects no time has been spent.
poor quality: with the exception of per hour rate Custom Projects, the deliverables provided by the Freelancer do not meet the terms defined after at least two revisions have been provided by the Freelancer in response to detailed feedback from the Client; or the Freelancer lost a dispute.
- Client and Freelancer may mutually agree to a refund for reasons other than the previous clause however authorization of such refunds will be subject to a review by Vaskafreelancing team.
- Refunds are only applicable to funds held in the Vaska Escrow Account. Funds should only be paid out of the Vaska Escrow Account once the Client is satisfied that the Service/Project (or any agreed milestone deliverables) has been completed. By releasing funds from the Vaska Escrow Account, the Client accepts that this money is non-refundable.
- Clients should NEVER file a dispute or reverse a payment through their Credit card company or Bank. Attempts to seek refunds in this way will lead to the Client’s account being permanently suspended and may attract legal actions.
- In case of refund to PayPal the transaction fee charged by PayPal will not be returned as PayPal has stopped returning transaction fee effective from 11 Oct 2019.
7.3 Requesting a Refund
- The Client can request a refund of the funds held in the Vaska Escrow Account using the “Request Refund” action in the Workstream by specifying a reason for their request:
the Freelancer must either approve or reject the Refund Request. Rejected Refund Requests are raised automatically to Vaskafreelancing.com for Dispute assistance
if the Freelancer does not respond to a Refund Request within three (3) working days (a “non-actioned” Refund Request) then Vaskafreelancing.com may release the funds automatically back to the Client subject to the following clause.
poor quality: with the exception of per hour rate Custom Projects, the deliverables provided by the Freelancer do not meet the terms defined after at least two revisions have been provided by the Freelancer in response to detailed feedback from the Client; or the Freelancer lost a Dispute.
- Vaskafreelancing.com will process approved (or non-actioned) refund requests back to the Client’s Vaskafreelancing.com Wallet subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If Vaskafreelancing.com reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations Vaskafreelancing.com shall not be obliged to make the refund.
7.4 Refund & Cancellation Penalties
- Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the Vaska marketplace as follows:
where the Freelancer is at fault for the refund (for example, due to no response, poor quality of work or they have cancelled the Project), it will negatively impact their Freelancers status and rankings;
where the Client is found to be the cause for the refund (for example, an early cancellation due to a change in their business need) it will negatively impact their Clients status; multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.
- Vaskafreelancing.com will process approved (or non-actioned) refund requests back to the Client’s Vaskafreelancing.com Wallet subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If Vaskafreelancing.com reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations Vaskafreelancing.com shall not be obliged to make the refund.
7.5 Chargeback
- A chargeback (being a challenge to a payment that a client files directly with their credit card issuer) and a reversal instruction is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow their instructions.
- You acknowledge and agree that we will be entitled to recover chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Clients through the Website.
- You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors).
8.0 PAYMENT METHODS
Clients agree to designate a Payment Method and authorize us to charge that Payment Method.
In order to use certain Site Services, Client must provide account information for at least one valid Payment Method.
Client hereby authorizes Vaska and Vaska Escrow as applicable, to run credit card authorizations on all credit cards provided by Client, to store credit card and banking or other financial details as Client’s method of payment consistent with our Privacy Policy, and to charge Client’s credit card (or any other Payment Method) for the Freelancer Fees and any other amounts owed under the Terms of Service. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.
By providing Payment Method information through the Site or by authorizing payments with the Payment Method, Client represents that: (a) Client is legally authorized to provide such information; (b) Client is legally authorized to make payments using the Payment Method(s); (c) if Client is an employee or agent of a company or person that owns the Payment Method, that Client is authorized by the company or person to use the Payment Method to make payments on Vaska; and (d) such actions do not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law.
When Client authorizes a payment using a Payment Method via the Site, Client represents that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means.
Vaska is not liable to any User if Vaska does not complete a transaction as a result of any limit by applicable law or your financial institution, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method. Vaska will make commercially reasonable efforts to work with any such affected Users to resolve such transactions in a manner consistent with this Agreement and any applicable Escrow Instructions.
9.0 U.S. DOLLARS AND FOREIGN CURRENCY CONVERSION
If your Payment Method uses a currency other than U.S. Dollars (USD), we may show you foreign currency conversion rates for us to change your currency into U.S. Dollars. The rates we show you may be different than the rates that apply to us and may not be the best rate available to you.
The Services operate in USD. If a User’s Payment Method is denominated in a currency other than USD and requires currency conversion to make or receive payments in USD, the Site will display foreign currency conversion rates that Vaska and Vaska Escrow or our other Affiliates currently make available to convert supported foreign currencies to USD. These foreign currency conversion rates adjust regularly based on market conditions. Please note that the wholesale currency conversion rates at which we or our Affiliates obtain foreign currency will usually be different than the foreign currency conversion rates offered on the Site. Each User, at its sole discretion and risk, may authorize the charge, debit, or credit of its Payment Method in a supported foreign currency and the conversion of the payment to USD at the foreign currency conversion rate displayed on the Site. A list of supported foreign currencies is available on the Site. If foreign currency conversion is required to make a payment in USD and Vaska, its affiliates Vaska Escrow as applicable, does not support the foreign currency or the User does not authorize the conversion of such payment at the foreign currency conversion rate displayed on the Site, Vaska Escrow or one of our Affiliates will charge, debit, or credit the User’s Payment Method in USD and the User’s Payment Method provider will convert the payment at a foreign currency conversion rate selected by the User’s Payment Method provider. The User’s Payment Method provider may also charge fees directly to the Payment Method even when no currency conversion is involved. The User’s authorization of a payment using a foreign currency conversion rate displayed on the Site is at the User’s sole risk. Vaska, Vaska Escrow, and our other Affiliates are not responsible for currency fluctuations that occur when billing or crediting a Payment Method denominated in a currency other than USD or for currency fluctuations that occur when receiving or sending payments to and from the Escrow Account.
10. NON-CIRCUMVENTION
Section 10 discusses your agreement to make and receive payments only through Vaska for two years from the date you first meet your Client or Freelancer on the Site, unless you pay a Conversion Fee, as detailed below.
You acknowledge and agree that a substantial portion of the compensation Vaska receives for making the Site available to you is collected through the Vaska Fee described above. Vaska only receives this Service Fee when a Client and a Freelancer pay and receive payment through the Site. Therefore, for 24 months from the time you identify or are identified by any party through the Site (the “Non-Circumvention Period”), you agree to use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (the “Vaska Relationship”). For the avoidance of doubt, if you, or the business you represent, did not identify and were not identified by another party through the Site, such as if you and another User worked together before meeting on the Site, then the Non-Circumvention Period does not apply. If you use the Site as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business when acting in that capacity with respect to the other User.
You agree to notify Vaska immediately if a person suggests to you making or receiving payments outside of the Site in violation of this Section 10. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Vaska by sending an email message to: legal-reports@Vaska.com.
If you refuse to accept any new version of the Terms of Service or elect not to comply with certain conditions of using the Site, such as minimum rates supported on the Site, and therefore choose to cease using the Site, you may pay the Conversion Fee for each other User you wish to continue working with on whatever terms you agree after you cease using the Site.
11.0 OPTING OUT
You may opt-out of the obligation in section 10 with respect to each Vaska Relationship only if the Client or prospective Client or Freelancer pays Vaska Conversion fee for each such relationship (the “Transition Fee”).
The Conversion Fee is computed as follows
the greater of:
- $2,000; or
- 20% of the anticipated annualized salary or wages for one year if the Client offers Freelancer employment directly; or
- all Service Fees that would be earned by Vaska from the Vaska Relationship during the Non-Circumvention Period, computed based on the annualized amount earned by Freelancer from Client during the most recent normalized 8-week period, or during such shorter period as data is available to Vaska;
To pay the Conversion Fee, you must request instructions by sending an email message to optout@Vaska.com.
If Vaska determines, in its sole discretion, that you have violated, Vaska or its Affiliates may, to the maximum extent permitted by law (x) charge your Payment Method the Conversion Fee (including interest) if permitted by law or send you an invoice for the Conversion Fee (including interest), which you agree to pay within 30 days, (y) close your Account and revoke your authorization to use the Site and Site Services, and/or (z) charge you for all losses and costs (including any and all time of Vaska’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.
12. MAKING PAYMENTS THROUGH VASKA
You agree to exclusively use Vaska to make payments for work that arises out of a relationship you made through Vaska for two years from the date you first established the relationship.
You acknowledge and agree that a substantial portion of the compensation Vaska receives for making the Site available to you is collected through the Service Fee described in above and that in exchange a substantial value to you is the relationships you make with other Users identified through the Services (the “Vaska Relationship”). Vaska only receives the Service Fee when a Client and a Freelancer pay and receive payment through the Site. Therefore, except as set out, for 24 months from the start of an Vaska Relationship (the “Non-Circumvention Period”), you agree to use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that person or arising from that relationship and not to circumvent the Payment Methods offered on the Site unless you pay a fee to take the relationship off of the Site (the “Transition Fee”). If you use the Site as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business or its successor when acting in that capacity with respect to the other User. If you, or the business you represent, did not identify and were not identified by another person through the Site, such as if you and another User worked together before meeting on the Site, then the Non-Circumvention Period does not apply. By way of example only, you agree that during the Non-Circumvention period you will not:
- Offer or solicit or accept any offer or solicitation from parties identified through the Site to contract, hire, invoice, pay, or receive payment in any manner other than through the Site.
- Invoice or report on the Site or in a Conversion Fee request an invoice or payment amount lower than that actually agreed, made, or received between Users.
- 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 other than through the Site.
You agree to notify Vaska immediately if a person suggests making or receiving payments other than through the Site in violation of this Section 12 or if you receive unsolicited contact outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Vaska here.
You acknowledge and agree that a violation of this Section 12 is a material breach of the Terms of Service, and may result in your Account being permanently suspended and charged the Transition Fee (defined above). This Section still applies if you choose to cease using the Site, and you must pay the Transition Fee for each other User you wish to continue working with after you cease using the Site.
13. COMMUNICATING THROUGH THE SITE; NOT SHARING CONTACT DETAILS
Prior to entering into a Service Contract, you agree to communicate with other Users exclusively through Vaska.
For Users subject to this Section 13, Users agree to use the communication services available on the Site to communicate with other Users prior to entering into a Service Contract. You agree that prior to entering into a Service Contract, you (a) will use Vaska as the sole manner to communicate with other Users; (b) will not provide your Means of Direct Contact (defined below) to any other User or another person that you identified or were identified by through the Site; (c) will not use Means of Direct Contact of another user to attempt to or to communicate with, solicit, contact, or find the contact information of a User outside of Vaska; (d) will not ask for, provide, or attempt to identify through public means the contact information of another User; and (e) will not include any Means of Direct Contact or means by which your contact information could be discovered in any profile, proposal, job posting, invitation, or pre-hire communication through the Site’s communications services (including in each case in any attached file), except as otherwise provided on the Site.
For purposes of the Terms of Service, “Means of Direct Contact” means any information that would allow another person to contact you directly, including, without limitation, phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to an applicant management system or means to submit a proposal or application outside of the Site, or any information that would enable a user to contact you on social media or other website or platform or application that includes a communications tool, such as Skype, Slack, Wechat, Twitter, Tiktok, Intagram or Facebook. Information is a Means of Direct Contact if it would enable another user to identify any of the information above through other sources, such as going to a website that included an email address or identifying you through social media.
You acknowledge and agree that a violation of this Section 13 is a material breach of the Terms of Service and your Account may be permanently suspended for such violations.
14. RECORDS OF COMPLIANCE
You agree to make and keep all required records.
You are solely responsible for creation, storage, and backup of your business records. You agree that Vaska has no obligation to store, maintain or provide you a copy of any content or information that you provide, except to the extent required by applicable law.
15. WARRANTY DISCLAIMER
We are not responsible for the quality, safety, or reliability of our Services.
Vaska and its affiliates make no representation or warranty about the services, including that the services will be uninterrupted or error-free, and provide the Services (including content and information) on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Vaska and its affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.
16. REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
A. Registered User Representations and Warranties All Registered Users represent, warrant, and agree:
- grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
- to be fully responsible and liable for any action of any user who uses your Account.
- not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
- not to allow any third party who is not authorized to do so to use your Account at any time.
- not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
- not to intercept or expropriate any system, data or personal information from the Website.
- not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
- that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
- that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
- that they will not use the Website or its services to defraud or mislead any person or entity, including without limitation Vaska or any Register User.
B. Warranty Disclaimer THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTIES OR CONDITIONS BY VASKA OR OUR THIRD-PARTY SERVICE PROVIDERS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY, WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED. BECAUSE SOME STATES AND JURISDICTIONS DO NOT PERMIT ALL OF THE AFOREMENTIONED LIMITATIONS ON IMPLIED WARRANTIES, SOME OR ALL OF THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU.
C. Limitation of Liability IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
D. General Release If you have a dispute with another Registered User, you release Vaska (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
E. Indemnity You agree to defend, hold harmless and indemnify Vaska from and against any and all losses, costs, expenses, damages or other liabilities incurred by Vaska from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Vaska: (1) in connection with your use of the Services including any payment obligations incurred through use of the Vaska Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Freelancer; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Freelancer. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
F. Links -The Website may contain links to third-party web sites not under the control or operation of Vaska. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
G. Data You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on Vaska’s part to store, backup, retain, or grant access to any information or data for any period.
17. DISPUTE SERVICES
A. Eligibility Vaska offers the Dispute Resolution Service to those Registered Users that have requested Vaska to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Project that is (i) pursuant to a project posting by a Client through the Website, (ii) pursuant to a proposal for by a Freelancer through the Website for such project posting and (iii) pursuant to an acceptance through the Website by the Employer for such proposal. Employer and Freelancer agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 17.
B. Process
- Mediation In any dispute between Registered Users relating to a Project that is eligible for Dispute Resolution Service, you agree to mediate such dispute in good faith before Vaska for a period of ten (10) business days. Such ten-business day period shall be deemed to have begun the day that either party requests Dispute Resolution Service through the Website. If the result of such mediation is acceptable to both parties in a dispute, you agree to indicate your approval of such mediation through the Website and Vaska will disburse funds in accordance with the results of such mediation. If you are dissatisfied with the progress, or if ten (10) business days have lapsed since you have notified Vaska of a dispute between you and a Freelancer, you agree to submit your dispute to binding arbitration as further set forth below.
- Arbitration In any dispute between a Client and a Freelancer which cannot be resolved through mediation, you expressly agree to and acknowledge that Vaska or a third party chosen by Vaska will arbitrate the dispute in accordance with these Terms of Service and the Website.
- You acknowledge and agree that Vaska will construe any Project Agreement based on the transaction’s course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Project Agreement, (ii) the parties’ course of dealings, as evidenced by activity on or communications through the Website, (iii) the Project itself and (iv) any information or communication that the Employer and the Freelancer agree should be considered.
- Vaska shall render its decision within five (5) business days of a failed mediation. During this time, you are encouraged to continue to negotiate an amicable settlement with the Freelancer with which you are engaged in a dispute.
- You agree that the decision of Vaska, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator’s decision.
- In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Project that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Project in your possession and destroy any electronic copies that you have.
C. Communication You agree and acknowledge that
- Vaska will use the e-mail address corresponding with your Account registered at the time a dispute arises to notify and communicate with you with regard to any dispute.
- You are solely responsible for the receipt of any notification or communication sent by Vaska using the e-mail address corresponding with your Account registered at the time a dispute arises.
D. Acknowledgements
- Vaska is not providing legal consulting services.
- Vaska will not advise you regarding any legal matters
If you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Vaska for any such counsel. You agree to indemnify and hold harmless Vaska and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service. If you do not agree to use this Dispute Resolution Service under these terms, you should not request Vaska to assume the Assumed Payment Liabilities
- GENERAL
Additional terms of the agreement between you and Vaska, including that the Terms of Service contain our full agreement, how the agreement will be interpreted and applied, and your agreement not to access the Site from certain locations.
18.1 ENTIRE AGREEMENT
This Agreement, together with the other Terms of Service, is the only agreement between you and us regarding the Services and supersedes all prior agreements for the Services and supersedes any prior agreements between us for actions occurring after the effective date of this Agreement. The only exception to this is an Enterprise Agreement or similar agreement for premium services executed by a duly authorized representative of Vaska (“Premium Agreement”), in which cases these Terms of Service are superseded to the extent stated in such Premium Agreement but otherwise survive; written email or letter communications or verbal agreements cannot constitute a Premium Agreement.
18.2 MODIFICATIONS; WAIVER
We may modify these terms and will provide you reasonable advance notice of substantial changes.
Subject to the conditions set forth herein, Vaska may amend this Agreement and any of the other agreements that comprise the Terms of Service at any time by posting a revised version on the Site. Vaska will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Site and providing notice on the Site or by email. If the Substantial Change includes an increase to Fees charged by Vaska, Vaska will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees, any temporary or promotional Fee change, or changes that do not constitute a Substantial Change. Any revisions to the Terms of Service will take effect on the noted effective date. No modification or amendment to the Terms of Service will be binding upon Vaska unless they are agreed in a written instrument signed by a duly authorized representative of Vaska or posted on the Site by Vaska. Email will not constitute a written instrument as contemplated by this Section 18.2.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
18.3 ASSIGNABILITY
You may not transfer any rights you have under our Terms of Service unless we give you approval
These Terms of Service and any rights or obligations hereunder may not be transferred or assigned by you unless you follow the provisions in this Section.
In order to assign the Terms of Service or your Account to a successor after an acquisition of your company or substantially all of your assets, a merger, or another change in majority ownership of your company, you must provide written notice to Vaska via email to legalnotices@Vaska.com that includes (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, (f) a statement indicating the manner in which your company was acquired, (g) the name and contact information of the acquiror, and (h) the effective date of such change in ownership. If Vaska does not object via email within 5 business days of sending of an email or 7 business days of the mailing of a written notice, then the assignment is permissible, provided in both cases that such notice is properly addressed. The foregoing does not apply to Enterprise Clients.
No other assignments are valid without Vaska’s prior written consent, which can be requested via email or letter at the above address. Any other attempted transfer or assignment will be null and void.
18.4 SEVERABILITY; INTERPRETATION
If any provision of this Agreement is invalid or unenforceable under applicable law, then it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of this Agreement will continue in full force and effect. To the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in one jurisdiction will not in any way affect the legality, validity, or enforceability of that or any other provision in any other jurisdiction.
18.5 FORCE MAJEURE
When certain circumstances beyond you or our control arise, we both will be temporarily relieved from performing our obligations under this Agreement.
The parties to this Agreement will not be responsible for any delay or failure to perform any obligation under this Agreement for a reasonable period due to labor disturbances, accidents, fires, floods, pandemics, telecommunications or Internet failures, strikes, wars, riots, rebellions, terrorism, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar event beyond the parties’ reasonable control.
18.6 PREVAILING LANGUAGE AND LOCATION
The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the Republic of Ghana.
18.7 ACCESS OF THE SITE OUTSIDE THE UNITED STATES
Vaska makes no representations that the Site or Services are appropriate or available for use outside of the Ghana. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable laws and regulations, both in the Ghana and abroad, including export and import regulations. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving Ghana origin products, including services or software.
In order to access or use the Services, you must and hereby represent that neither you, any company you represent, nor any beneficial owner of you or your company are: (a) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to Ghana or other sovereign country sanctions or embargoes, or otherwise ineligible to receive items subject to Ghana export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Services and your license to use the Services will be immediately revoked.
18.8 CONSENT TO USE ELECTRONIC RECORDS
Vaska and its Affiliates may need to provide you with certain communications, notices, agreements, statements or disclosures in writing regarding our Services. You consent to receive these records electronically from Vaska and its Affiliates rather than in paper form.
19. DEFINITIONS
Below we define capitalized terms that appear in this Agreement or other parts of the Terms of Service. Other capitalized terms are defined above, which you can tell because the term is put in quotation marks and bold font.
Capitalized terms not defined below or above have the meanings described in the Site Terms of Use or elsewhere in the Terms of Service.
“Client” means any authorized User of the Site or Site Services, including Direct Contract Services, to seek or obtain Freelancer Services, including from another User.
“Confidential Information” means any material or information provided to, or created by, a User to evaluate a Project or the suitability of another User for the Project, or provided in connection with a Project, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Freelancer or Client; (b) was lawfully received by User without restriction from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.
“Direct Contract” means a contract entered into on Vaska between a Freelancer on Vaska and a client of the Freelancers who does not and has never had an Vaska Account (or an account with Vaska predecessors, or Elance). Please see our Direct Contracts Terms for more details.
“Escrow Account” means Client Escrow Account, Freelancer Escrow Account, or Fixed-Price Escrow Account.
“Escrow Instructions” means the Escrow Instructions agreement that is relevant to the Service Contract or Direct Contract.
“Fixed-Price Contract” means a Service Contract for which Client is charged a fixed fee agreed between a Client and a Freelancer, prior to the commencement of a Service Contract, for the completion of all Freelancer Services contracted by Client for such Service Contract.
“Freelancer” means any authorized User of the Site or Site Services, including Direct Contract Services or Any Hire Services, that utilizes the Site to advertise, provide, or receive payment for the provision of Freelancer Services to Clients, including Agency Member Accounts and Freelancer Accounts that are part of Agency Accounts.
“Freelancer Fees” means: (a) for an Hourly Contract, the amount reflected in the Hourly Invoice (the number of hours invoiced by Freelancer, multiplied by the hourly rate charged by Freelancer); (b) for a Fixed-Price Contract, the fixed fee agreed between a Client and a Freelancer; and (c) any bonuses or other payments made by a Client to a Freelancer.
“Freelancer Services” means all services performed for or delivered to Clients by Freelancers.
“Hourly Contract” means a Service Contract for which Client is charged based on the hourly rate charged by Freelancer.
“Hourly Invoice” means the report of hours invoiced for a stated period by a Freelancer for Freelancer Services performed for a Client.
The term “including” as used herein means including without limitation.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, in each case, under the laws of any state, country, territory or other jurisdiction.
“Payment Method” means a valid credit card issued by a bank acceptable to Vaska, a bank account linked to your Account, a PayPal account, a debit card, or such other method of payment as Vaska may accept from time to time in our sole discretion.
“Project” means an engagement for Freelancer Services that a Freelancer provides to a Client under a Service Contract on the Site.
“Service Contract” means, as applicable, (a) the contractual provisions between a Client and a Freelancer governing the Freelancer Services to be performed by a Freelancer for Client for a Project.
“Substantial Change” means a change to the terms of the Terms of Service that materially reduces your rights or increases your responsibilities.
“Vaska App” means the online platform accessed using Vaska’s downloaded application or other software that enables time tracking and invoicing, chat, and screenshot sharing with other Users.
“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other content or information that you or any Site Visitor or User post to any part of the Site or provide to Vaska, including such content or information that is posted as a result of questions.
“Work Product” means any tangible or intangible results or deliverables that Freelancer agrees to create for, or actually delivers to, Client as a result of performing the Freelancer Services, including, but not limited to, configurations, computer programs, or other information, or customized hardware, and any intellectual property developed in connection therewith.
TERMS OF USE
This document explains the rules that keep our marketplace running.
We call these rules our Terms of Use. They apply to Vaska.com and all the websites and apps we own or run. (And by we, we mean Vaska and our affiliates, which we may also refer to as us.)
These terms explain how we expect you to behave when you’re using Vaska – whether you’re a registered user or unregistered site visitor on our site.
Please read these rules carefully: by using our site, you’re agreeing to follow them.
Contents
1. About licenses and third party content
1.1 We let you use our site and services
1.2 We can stop you using our site and services
1.3 We keep the rights to our intellectual property
1.4 You can use Vaska to share your content with the world
1.4.1 You’re responsible for what you post
1.4.2 Other people have some rights to what you post
1.4.3 We’re open to your ideas
1.5 Third parties post on Vaska too
1.6 You can make a copyright complaint
2. What you’re allowed to do on Vaska
3. What you’re not allowed to do on Vaska
3.1 Post unacceptable content
3.2 Act in a misleading or fraudulent way
3.3 Treat others unfairly
3.4 Abuse our feedback system
3.5 Other uses that aren’t allowed
4. Enforcing our terms of use
4.1 We enforce these rules
4.2 Tell us if you see someone breaking these rules
5. Definitions
1. About licenses and third party content
Here we’ve included the conditions for using our site, which we do our best to keep running smoothly (1.1). That means we have the right to stop people from using our site and services if needed (1.2). You can’t use our intellectual property (1.3), but you can post your own content to Vaska. You’re responsible for this content (1.4), and equally, we’re not responsible for content you come across from other users (1.5). If you think someone is using something you’ve copyrighted, just let us know (1.6).
1.1 We let you use our site and services
Technically, we’re giving you a ‘limited license’ to the site. Here’s what that means.
We’re happy for you to access our website and services (known as the services). You’re free to have this access (or limited license) as long as you follow these terms of use and all of our other Terms of Service as they apply to you.
We’ll do our best to make sure our services are safe and working as they should, but we can’t guarantee you’ll have access continuously. In fact, we might even stop providing certain features or the services completely, and don’t have to give notice if we do.
1.2 We can stop letting you use our services
We can take away your right to use our services at any time.
If you violate our Terms of Use or other parts of our Terms of Service, we can take away your access to Vaska. Officially, this is called terminating your license,and if it happens, we’ll tell you and you must stop using our services immediately.
1.3 We keep the rights to our intellectual property
Using our services doesn’t mean you can use any of our trademarks or other intellectual property, like copyrights and patents. We keep all of our rights to our intellectual property, even though we let you use our services.
Our logos and names are our trademarks and registered in certain jurisdictions. Any other product or company names, logos or similar marks and symbols you see on Vaska may be trademarked by our partners or other users like you.
1.4 You can use Vaska to share your content with the world
1.4.1 You’re responsible for what you post
You are in charge of how you use our website and what you put there. You consent to reimburse us for our legal fees and costs if a claim is brought against us due to something you posted on the website (the lawyers refer to this as “indemnification”).
When you post content on (or through) our site or give us content for posting, you agree that you’re completely responsible for that content and we’re not. You also agree to only post or give us content that:
- you have the right to post
- is legal
- doesn’t violate anyone’s rights, including intellectual property rights.
You acknowledge and agree that whoever posts content is responsible for any harm caused to anyone by that content – not Vaska – and that you’ll compensate and defend us, our partners, employees and representatives against any costs or legal or government action we have because of your content.
1.4.2 Other people have some rights to what you post
By posting content on the site, you give other people some rights to that content.
Whenever you post content on our site, you give us and our affiliates a permanent right (called an ‘irrevocable and non-exclusive worldwide license’) to use, edit and share that content – across the world and without paying royalties. If your name, voice and image appear in content you post, we also might use those on the site or in our day-to-day business. For example, if you’re a freelancer, we might share your profile with clients we think could be a good match.
You also give each user and site visitor the right to access and use your content through the site. They also have the right to use, copy and share your content – as long as they do it through the site, and follow both our Terms of Service and the law.
We might show ads near your content and information, without compensating you. Depending on choices you make in your profile, we might also include your name or photo when promoting one of our features.
1.4.3 We’re open to your ideas
We’d love to hear your thoughts on improving Vaska. Here’s what happens when you share them.
You can send us comments and suggestions about our services and ways to improve them. If you do, you’re agreeing your ideas are free and unsolicited, and you don’t expect or ask anything in return, unless we’ve specifically asked you for your ideas and offered something in return (we like to keep our word).
You agree we’re free to use, change and share the idea as we like, without being obligated to give you anything for it. And if you do send us an idea, you also agree that this doesn’t affect our right to use similar or relatedideas – including those we already have or get from others.
1.5 Third parties post on Vaska, too
Anyone else who uses our site is responsible for what they post or link on Vaska.
We’re not responsible for the accuracy or reliability of any content shared by other people on our site, unless they’re officially working for us when they share or post the content. Any content represents the views of the person sharing it, not Vaska.
Our site might also contain links or other access to third-party websites and applications. These sites and applications are owned and run by other parties, not Vaska. If we use a link or application that goes to a third-party website, it doesn’t mean that we endorse it and you agree that you use it without our endorsement.
1.6 You can make a copyright complaint
If you think content on our site infringes your rights, you can ask to have it removed.
We’re committed to following Ghana copyright and related laws and need site visitors and users to follow them as well. That means you can’t use our site to store or share anything that infringes anyone’s intellectual property rights, including their rights under Ghana copyright law.
If you own copyrighted work and think your rights under Ghana copyright law have been infringed by anything on our site, the Digital Millennium Copyright Act means you can ask us to take it down. Here’s how to report it.
2. What you’re allowed to do on Vaska
You can only use our services for work and to learn from the information we share.
Our site and services were made to be used for business, not for personal or consumer use. We run our marketplace to help users find each other, build working relationships, and make and receive payments for that work.
You can also make use of a few of our services to access material that we believe our site’s visitors and users might find useful and interesting, such as our blog for Vaska. While we try our best to ensure that this information is up to date and accurate, mistakes occasionally happen. Never rely on material found on our website as tax or legal advice because we make no promises regarding it. Additionally, you should always verify the material on your own.
3. What you’re not allowed to do on Vaska
Certain uses of the site are not allowed. Here we go into much more depth about those things, including:
- posting unacceptable content (3.1)
- acting in a misleading or fraudulent way (3.2)
- treating others unfairly (3.3)
- abusing our feedback system (3.4)
- other uses that aren’t allowed (3.5)
In short, you’re not allowed to use our services to do (or encourage others to do) anything that is illegal, fraudulent or harmful. If you don’t see something on one of the lists below, you shouldn’t assume it’s allowed. When in doubt, contact us to check.
3.1 Posting unacceptable content
You can’t offer, share, support or try to find anything that:
- is illegal or defamatory
- is violent, discriminatory or harassing, either generally or towards a specific person or group (or encourages others to be), including anyone who is part of a legally protected group
- is sexually explicit or related to sex work or escort services
- is in any way related to child exploitation
- would infringe on any intellectual property rights, including copyrights
- would violate our Terms of Service, another website’sterms of service, or any similar contract
- would go against professional or academic standards or policies – including improperly submitting someone else’s work as your own, or by ghost-writing essays, tests, or certifications
- involves purchasing or requesting a fake review or is connected in any way to making or sharing misleading content (like ‘deep fakes’ or ‘fake news’) which is intended to deceive others.
3.2 Acting in a misleading or fraudulent way
On Vaska, you can’t do anything that’s dishonest or meant to fool others.
You can’t misrepresent yourself, your experience, skills or professional qualifications, or that of others. This includes:
- lying about your experience, skills or professional qualifications
- passing off any part of someone else’s profile or identity as your own
- using a profile picture that isn’t you, misrepresents your identity or is someone else
- impersonating or falsely attributing statements to any person or entity, including an Vaska representative or forum leader
- falsely claiming or implying you’re connected to a person or organization (including Vaska) – for example, you can’t say you work for a particular company when you don’t, and agencies can’t use a freelancer’sprofile if they’ve stopped working together.
Similarly, you must always be honest about who’s doing the work. That means you can’t:
- allow someone else to use your account, which misleads other users or
- falsely claim one freelancer will do a job when another will actually do it – including submitting a proposal on behalf of a freelancer who can’t or won’t do the work.
We’re particularly invested in avoiding fraud and misrepresentations when it comes to payments. This means:
Freelancers can’t fraudulently charge a client in any way, including by:
- falsifying the hours, keystrokes or clicks recorded in the Vaska app
- reporting or billing time you haven’t actually worked
- reporting time worked by someone else and claiming you did the work
- demanding bribes or other payments without the intention of or without actually providing services in exchange for the payment.
Clients can’t engage in fraud related to payments, including by:
- posting jobs with payment terms that are objectively unreasonable or disproportionate to the scope of services requested
- demanding services without the intention of or without actually providing payment in exchange for the services.
3.3 Treating others unfairly
Everyone should be treated fairly and legally on Vaska.
You can’t use Vaska to:
- express an unlawful preference in a job post or proposal
- unlawfully discriminate against someone
- incite or encourage violence
- post personal identifying information or other sensitive, private data about another person
- spam other users with proposals or invites. This includes posting the same job several times at once and contacting people you connected with on Vaska outside of Vaska without their permission
- make or demand bribes or payments for anything other than the work
- ask for or demand free work – you can’t ask freelancers to submit work for little or no payment as part of a proposal bid or competition
- request a fee in order to submit a proposal
- request or provide services that primarily concern making purchases on behalf of another, including the purchase of cryptocurrency or NFTs.
3.4 Abusing our feedback system
You must use our feedback system honestly and fairly.
That means you can’t:
- withhold payment or work until you’ve been given positive feedback
- swap payment (or anything of value) for feedback, including with third parties
- coerce another user by threatening negative feedback
- use the system to share unrelated views (like about politics or religion)
- offer or accept fake services to improve your feedback or rating score, which is called feedback building
3.5 Other uses that aren’t allowed
Vaska relies on technology and trust – here’s how we maintain those things.
- You can’t copy, share or give away your account. You can’t have multiple accounts and you can’t sell, trade or give your account to anyone else without our permission.
- You can’t go around us. In particular, you can’t talk to another user or ask for or share a way to get in touch – a means of direct contact – outside of Vaska before you’ve agreed to a service contract. This means you can’t add your contact details to a job post, your profile, communications or other content. (There are exceptions to this for Enterprise clients.)
- You can’t promote other organizations – including advertising any other websites, products or services. You also can’t use our site to recruit freelancers or clients to join another agency, website or company, unless you pay us a fee to do so. For more information, take a look at Section 7 of our User Agreement.
- You can’t interfere with our technology or tamper with our site or services. That means you can’t:
- bypass any security features we’ve put in place to restrict how you use the site – you’re not allowed to try and get around restrictions on copying content
- interfere with or compromise our systems, server security, or transmissions
- use a robot, spider, scraper, or similar mechanisms on our site without written permission
- copy, distribute, or otherwise use any information you found on Vaska, if whether directly or through third parties (like search engines), without our consent (no scraping allowed)
- collect or use identifiable information, including account names)
- overwhelm the site with an unreasonable or large amount of information
- introduce any malware or any other code or viruses that could harm us, our customers, or our services
- access our services through any technology other than our interface
- frame or link to the services without our written permission
- use our services to build a similar service, identify or poach our users or publish any performance or benchmark analysis relating to the site
- reverse engineer, decipher, modify, or take source code from our site that is not open source without our written permission.
4. Enforcing our terms of use
If you break any of these rules, we can suspend your account and stop you from using Vaska (3.1). If you see someone else breaking these rules, please let us know (3.2).
4.1 We enforce these rules
We have the right to look into any potential violations of these terms of use, and might decide to pause, change or take away any content on our site when we do.
We can’t guarantee that we’ll take action against every potential violation, but just because we don’t take action against one breach doesn’t waive our right to take action against any future breaches, whether they’re related to the first breach or not.
If we do suspect rule-breaking, we can stop you using our site at any time. If we disable or close your account, you won’t be able to use any of our services, but these things will stay in place:
- our rights to use and share your feedback
- our users’ and visitors’ rights to share your content (1.4.2)
- your agreement to all the rules laid out in section 3 on this page.
4.2 Tell us if you see someone breaking these rules
What to do if you become aware of a violation of our Terms of Use.
If you believe anyone is breaking any of our terms of use, please let our customer service team know or report it.
If we follow up on the breach, you agree to help with our investigation and take reasonable steps to help us fix the problem.
5. Definitions
Here, we explain some of the terms we’ve used in our Terms of Use. Any other terms in italics should be defined when they’re mentioned, in the User Agreement or Terms of Service.
An affiliateis anyone or anything that in any way manages, is managed by, or shares management with us.
A client is someone using our site to find freelancer services from another user.
A deep fake is a video or image that has been changed to replace one person with another in a deliberately misleading way, without asking the person whose face has been used.
A freelanceris an individual or agency using our site to offer their services to clients.
Freelancer services refer to the work freelancers do on Vaska.
A means of direct contact is information that would let someone get in touch with you directly (or find the information to do that) so you can bypass our site. For example, phone numbers, email and physical addresses, social media accounts, and personal websites with contact information are means of direct contact.
Site services are all services, applications and products – apart from freelancer services – that people can access through Vaska.
Content is what users post to Vaska themselves, like comments, profiles, feedback, images, or other information. It includes anything posted as a response to questions asked by other users or Vaska.
Mark Use Guidelines
These “Mark Use Guidelines” (“Guidelines”) explain Vaska’s trademark rights as well as when and how you may use them. The Terms of Service are a part of and integrate the Guidelines. Capitalized terms that are not defined in these guidelines have the same meanings as those terms on the site, the User Agreement, or other Terms of Service. Vaska may, to the extent authorized by applicable law, alter these Guidelines without prior notice to you, and, unless otherwise specified in the revised Guidelines, any modifications shall be effective immediately upon posting on the Site. Please frequently check the website for updates.
vised Guidelines. Please check the Site often for updates.
1. VASKA MARKS
The Vaska name and logo are trademarks of Vaska. These Guidelines explain the terms under which you are allowed to use the “Vaska Marks”, which for purposes of these Guidelines and the other Vaska Terms of Service means Vaska’s trademarks.
2. USE OF VASKA LOGO MARKS
The “Vaska Logo Marks” are another name for the Vaska Marks that are also logos in these guidelines. If you don’t have a written authorization from Vaska allowing you to use the Vaska Logo Mark, you aren’t allowed to use the Vaska Logo Mark. If such a license has not been granted, the Vaska Logo Mark may not be used, copied, modified, distributed, or posted for any purpose. If Vaska Logo Mark has granted you a license to use the Vaska Logo Mark, you may only do so in accordance with the terms of that license and these Guidelines.
3. USE OF OTHER VASKA MARKS
You may use Vaska Marks other than the Logo Marks descriptively, provided you adhere to these Guidelines, or as otherwise permitted by law.
Descriptive use includes instances where you are referring to Vaska or Vaska services, such as “I registered on Vaska’s website today”, “I attended Vaska’s Work Without Limits Executive Summit”, or “Vaska Enterprise services have saved my company money.”
Keep these principles in mind as well:
- Your use should never mislead anyone to believe Vaska sponsorship, affiliation, or endorsement of your company, products, or services exists when it does not.
- When referring to Vaska, use the Vaska name in a plain text font and format only.
- Vaska always appears as “Vaska,” never as “vaska”, “VASKA”, “VASka”, or “VasKA”.
4. PROHIBITED USE OF VASKA MARKS
Unless you have written permission from Vaska, you must never use any Vaska Mark:
- On any letterhead, business card, or signature block;
- As part of your business name or a domain name;
- As part of a user ID, including on Vaska or social media;
- In association with any third-party trademark in a manner that might create potential confusion as to the ownership of the Vaska Mark;
- In any manner that suggests or could lead someone to believe you are acting on behalf of or in association with Vaska or that Vaska has endorsed or sponsored your product or services; or
- Outside of your relationship with us, except as permitted by Vaska in writing.
Even if you have permission to use an Vaska Logo Mark, you must never use any Vaska Logo Mark:
- That has been reproduced from an unauthorized artwork;
- That has been modified, including color specifications, position and relative size of the letterings;
- That has been modified to use negative or reverse “drop-out” reproduction;
- Tightly confined in a band or bar; or
- With other seals, logos, or other marks of other entities.
5. USE OF COPYRIGHTED WORKS
You may not use screenshots of or videos of navigation of the Site (as defined in the Site Terms of Use) or other works copyrighted by Vaska without Vaska’s written permission. Rights to screenshots of user profiles, communications, and work product on Vaska may need to be obtained from the User. You may not use such screenshots anywhere for any purpose without written authorization. Vaska cannot grant you permission to use screenshots that include third-party content.
Proprietary Rights Infringement Reporting Procedures
Vaska (“Vaska,” “our,” “us,” or “we”) respects the intellectual property rights of others and seeks to offer a platform which contains no content that violates those rights. To promote these objectives, we provide a process for submission of complaints concerning content posted by our users. Our policy and procedures are described and referenced below.
Copyright Infringement Claims
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), Vaska has procedures for receiving written notification of claimed copyright infringement. Vaska has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit a written communication that contains all of the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed. Provide a URL or link to where the material is located, if possible.
- A description specifying the location on our website(s) of the material that you claim is infringing, including a URL or link to where the material is located. Provide information reasonably sufficient to enable us to locate it.
- Your email address and your mailing address and/or telephone number.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Vaska’s Legal Department is its designated agent under the DMCA. Please submit your notice to Vaska’s Legal Department by submission of this online form or by email to legalnotices@Vaska.com.
In response to a notice, Vaska may remove or disable access to the allegedly infringing material, and take such other actions Vaska deems appropriate in its sole discretion. Please bear in mind that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing. If we remove or disable access, we will attempt to contact the poster of the allegedly infringing material so that the poster may provide a counter notification (the “Counter-Notice”) as described below.
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (g)(3) of the DMCA. You may provide a written communication that contains all of the following:
- Your physical or electronic signature.
- Identification of the material removed or to which access has been disabled, including the specific URL or link.
- A statement under penalty of perjury that you have a good-faith belief that removal or disablement of the material was a mistake or that the material was misidentified.
- Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the Northern District of California (Santa Clara County), if your address is located outside the United States, and that you will accept service of process from the complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to Vaska’s Copyright Agent by submission of this online form or by email to legalnotices@Vaska.com.
Trademark and Other Intellectual Property Right Infringement Notices
For claims of trademark infringement or other claims of intellectual property infringement, you must similarly provide us with clear information about the location of the allegedly infringing work, including the URL or link where the work is located; complete information about your trademark or other intellectual property rights, including identifying the trademarked word(s) or symbol(s), trademark registration number(s), and a direct link to the trademark record(s), if available; and your contact information (name, physical address, email address and telephone number). Please also indicate your relationship to the trademark holder, including whether you are the trademark holder or whether you are an authorized representative for the holder.
Please submit your notice to Vaska’s Legal Department by submission of this online form or by email to legalnotices@Vaska.com.