TERMS OF SERVICE EXPERTS24HR
Terms of Service
Last Updated: 31st January 2019
means the account associated with your email address
“Accept Bid” means that you have accepted the bid offered by an Expert for the job.
“Bid” A bid is an offer made by an Expert to a Client buy to carry out a job as described through text, images and videos through our websites or API.
"Client" means a User that purchases Expert Services from Experts. A User may be both a Client and a Expert under this agreement.
"Dispute" means the process to be followed by Clients and Experts in accordance with the Dispute Resolution Services.
"Experts24HR", "we", "our", "company" or "the company" or "us" means Experts Limited (Company Number 11283438).
"Expert" means a User that offers and provides services or identifies as an Expert through the Website or API. A User may be both a Client and an Expert under this agreement.
"Expert Services" means all services provided by an Expert.
"Experts24HR Services" means all services provided by us to you.
"Free Experts" means Experts who are willing to offer their services to Clients totally free of charge or partially free of charge.
"Inactive Account" means a User Account that has not been logged into for a 6-month period, or other period determined by us from time to time.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
"Job" means a job offered or awarded by a Client via the Website or apps, which may include a job.
"Local Job" or "Local Jobs" means a service we provide to match a Client with an Expert in relation to the provision of location specific services.
"Payment" means a payment made by the Client for the provision of Expert Services under a User Contract and which will be released to the rightful Expert after 7 days unless contested by Client.
"User", "you" or "your" means an individual who visits or uses the Website or API.
"User Contract" means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Expert and Client uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.
"Website" means the Websites operated by Freelancer and available at Experts24HR.com and any of its regional or other domains or properties, and any related Experts24HR service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.
There are some important parts of these Terms of Service that we would like to draw your attention to:
- Experts24HR provides an online venue where individuals or businesses who need something done (we call them Clients) and individuals or businesses who are willing to perform such jobs (we call them Experts) can connect with each other.
- Clients and Experts enter into a direct contract with each other in relation to the job to be performed. Experts24HR and its affiliates are not a party to that contract so they are not responsible if Client or Expert does not do what they have said they will do, or if anExpert performs a job badly or incorrectly other than to the limited extent set forth in the Experts24HR Protection Pledge.
- By accessing and using the Service and complying with these Terms of Service, you consent to receiving calls and text messages from clients or Experts to your mobile phone, if they consider this necessary in order to facilitate fulfilment of a job.
- By using this platform, Clients, in their sole discretion, determine whether they are present or not when a job is performed and/or completed. Clients who elect not to be present when a job is performed or completed agree that if someone other than them (i.e. spouse, roommate, friend, etc.) is present when the job is performed, they are appointing that person as their agent ("Client's Agent") and the Expert may take and follow direction from the Client's Agent as if such direction was given from the Client him or herself. The Client's Agent may authorize any applicable waiver by signing in the Client's stead. Client agrees that such direction and/or waiver are valid and enforceable against Client and Client's Agent and Client shall be responsible and liable for all such direction and/or waiver as if made by Client him or herself.
1. Our Service and our Fee
The Service is a platform for enabling connections between Clients and Experts. Clients are individuals and/or businesses seeking to obtain job services (“Jobs”) from Experts, and are therefore clients of Experts. Clients and Experts together are referred to in these Terms of Service as “Users.” Clients post a Job on the Services which they would like performed by anExpert in the local area who is willing to perform that job for them. In consideration for providing the Service, we may receive a fee in respect of jobs performed.
2. Our Service Only Provides a Venue
Experts24HR does not take part in the interaction between Users in relation to the Service (other than to try to facilitate fulfilment of jobs) and is not responsible for the performance of contracts by Users other than as provided by the Experts24HR Protection Pledge. Otherwise, (i) Experts24HR has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever relating to the Jobs and the way they are carried out, or of any ratings provided by Users in respect of each other, Jobs provided by Clients, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users, and (ii) Experts24HR gives no assurances about the suitability, reliability, timeliness, or accuracy of the Jobs requested and provided by Users identified through the Service whether in public, private, or offline interactions.
3. User Vetting
Clients and Experts may be or may not be subject to vetting process before they can register and during their use of the Service, including but not limited to a verification of identity and a comprehensive criminal background check, using third party services as appropriate. Users hereby give consent to Company to conduct background checks as often as required in compliance with applicable laws.
Although Experts24HR may perform background checks of Users, as outlined in more above, Experts24HR cannot confirm that each User is who they claim to be and therefore, Experts24HR cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information. When interacting with other Users on the Service or in real life you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know, for example, by arranging to meet each other at safe times of the day. Experts24HR will not be liable for any false or misleading statements made by Users of the Service.
4. Agreeing to a Job; Billing and Payment Policy
Experts24HR will not be a party to any contracts for Jobs or services and is not responsible for the performance of such contracts by Users other than to the limited extent set forth in the Experts24HR Protection Pledge.
Users of the Service may be required to provide their credit card or bank account details to the Payment Service Provider retained by Company (the “PSP”). We do not retain your payment details.
Jobs are agreed upon between Clients and Experts in the following way:
Step 1: Client selects a Job category/sub-category and enters details of a Job on the Service, including (i) type of Job, (ii) location, with images and videos.
Step 2: Client can submit jobs to multiple number ofExperts they consider the best fit for the Job. Client has the option of entering additional details of the Job as well, such as scope and duration.
Step 3: Client confirms the Job booking and can communicate with the Expert to discuss scope of work and timing using the Service, including via the chat interface on the Service or by calling them directly using their mobile number.
Step 4: Once the scope and timing for the Job have been agreed, Expertwill bid for the job. If client accepts it, then both Client and Expert are entered into a legal contract. Please note that it is possible to agree to changes to the Job after this stage by communicating directly with Expert.
Step 5: Once the Job has been completed, Client can pay by cash or through our platform.
Step 6: We will hold your card payment for seven days before we release it to the rightful Expert - giving you enough time to feel satisfied with job. We may not be in a position to resolve any disputes and give no assurance that we will do so after seven days.
Experts24HR reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Job Payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.
Users of the Service will be liable for any taxes (including VAT, if applicable) required to be paid on the Services provided under the Agreement (other than taxes on the Company’s income).
The PSP is a third party. The ToS are provided to Experts by email. By accepting our Terms of Service, each Expert confirms: (a) that they have downloaded or printed the ToS, and (b) that they have reviewed and accept the ToS subject to the amendments described below. The ToS represent the terms of the PSP and are not the terms of Experts24HR. Experts24HR gives no assurance as to the suitability or appropriateness of the ToS for Experts and Experts should read them carefully.
If you have questions regarding the ToS, please contact us on info@Experts24HR.com
Company gift cards, vouchers or promotional codes (“Vouchers”) may be available and can be used to pay in part or in full for Job Payments and reimbursement of out of pocket expenses and Experts24HR fees associated with a Job provided through the Service. Vouchers are an offer (subject to the terms of the voucher) by the Company to reduce the amount a Client has to pay in relation to a Job Payment and/or our fee. Vouchers will not affect the amount of the Job Payment anExpert ultimately receives. You agree that you will only use one Voucher per person, and will comply with Voucher terms, including but not limiting Voucher use to first-time Users (which means that you will not use such a Voucher with a new account you create if you already have an account on the Service).
Client must enter each Voucher into Client’s account for its appropriate value before Client can use that value on the Service. Vouchers are not replaceable if lost or stolen, can only be used in connection with Jobs or the Services, have no cash value and cannot be exchanged for cash, will not be directly accepted by Experts as a payment method (you need to enter the Voucher into your account as set forth above) and have no expiration date.
The Service is only a venue for connecting Users. Because Experts24HR is not involved in the actual contract between Users or in the completion of the Job, if you have a dispute with one or more Users, you release Experts24HR from any and all claims, liabilities and losses of every kind and nature, known and unknown in any way connected with such disputes. Experts24HR expressly disclaims any liability that may arise between Users of its Service other than to the limited extent set forth in the Experts24HR Protection Pledge.
7. Public Areas; Acceptable Use
The Service may from time to time, contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. Without limitation, while using the Service, you may not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Experts24HR staff.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
- Use the Service for any purpose, including, but not limited to posting or completing a Job, which is illegal or otherwise unlawful.
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- Upload files that contain viruses, Trojan horses, corrupted files or any other similar software that may damage the operation of another’s computer.
- Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
- Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters. Impersonate another person or allow any other person or a User or entity to use your identification to post or view comments.
- Post the same Job repeatedly (”Spamming”). Spamming is strictly prohibited.
- Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
- Restrict or inhibit any other User from using and enjoying the Public Areas. Imply or state that any statements you make are endorsed by Experts24HR, without the prior written consent of Experts24HR.
- Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.
- Hack or interfere with the Service, its servers or any connected networks.
- Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Experts24HR.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
- Use the Services in violation of the Marketplace Guidelines.
- Use the Service to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Service as set forth herein.
- Use the Service to collect usernames and or/email addresses of Users by electronic or other means.
- Register under different usernames or identities, after your account has been suspended or terminated.
You understand that all submissions made to Public Areas will be public, and that you will be publicly identified by your name or login identification when communicating in Public Areas and Experts24HR will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
8. Account, Password, Security and Mobile Phone Use
While certain parts of the Service are accessible by everyone, in order to use the Service provided through the Service you must register and create an account on the Service (an “Account”). You are responsible for maintaining the confidentiality of any log-in and password details provided by you or given to you by Experts24HR for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Experts24HR has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security in respect of your account, you must contact Experts24HR immediately. By providing your mobile phone number and using the Service, you hereby affirmatively consent to Experts24HR’s use of your mobile phone number for calls and texts only where Experts24HR thinks it reasonably necessary to facilitate fulfilment of Jobs. Experts24HR will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by modifying your account settings in the profile page section of your Account or emailing info@Experts24HR.com.
9. Termination and Suspension
Experts24HR may terminate or suspend your right to use the Service at any time if, in its opinion, you have failed to comply with any provision of this Agreement (including the Marketplace Guidelines), if any details you have provided to us turn out to be false, or if we believe it is necessary to do so in order to protect other Users and/or for the security of the Service, by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. If Experts24HR terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Experts24HR reserves the right to take appropriate legal action. You may terminate this Agreement at any time by ceasing all use of the Service. All parts of these Terms of Service, which by their very nature should survive the expiration or termination of this Agreement, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
10. Your Information and Likeness
“Your Information” is defined as any information and materials you provide to Experts24HR or other Users in connection with your registration for and use of the Service, including without limitation that information posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User-Generated Content.“ You hereby confirm to Experts24HR that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property right or rights of publicity or privacy; (d) will not violate any law or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Experts24HR or cause Experts24HR to lose (in whole or in part) the services of its ISPs or other partners or suppliers, for instance by posting illegal photos or other content or altering profile information to create a denial of service from a third party.
The Service hosts User-Generated Content relating to reviews of specific Experts. Such reviews are opinions of Users and not the opinion of Experts24HR, have not been verified or approved by Experts24HR and each Client should undertake their own research to be satisfied that a specific Expert is the right person for a Job. You agree that Experts24HR is not liable for any User-Generated Content.
You hereby grant Experts24HR a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service. Each Expert who provides to the Experts24HR any videotape, film, recording, photograph, voice, or all related instrumental, musical or other sound effects, in exchange for the right to use the Service, hereby irrevocably grants to the Experts24HR the non-exclusive, fully-paid, royalty-free, transferable, sub-licensable, worldwide, unrestricted, and perpetual right to:
- Use any videotape, film, recording or photograph that such Expert provides to the Experts24HR, and use, reproduce, modify or creative derivative works from such Expert’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness“), in connection with the exhibition, distribution, display, performance, transmission, broadcasting on any and all media, including, without limitation, the internet, of any videos or images of such Expert in connection with the Service.
- Reproduce in all media any recordings of such Expert’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Service.
- Use, and permit to be used, such Expert’s Physical Likeness and Voice in the advertising, marketing, and/or publication of the Service in any media.
- Use, and permit to be used, with Expert’s consent, such Expert’s name and identity in connection with the Service.
11. Links to Other Websites
12. Worker Classification and Withholdings
Each User assumes all liability for proper classification of workers as independent contractors or employees based on applicable legal guidelines. Users do not have authority to enter into written or oral - whether implied or express - contracts on behalf of Experts24HR. Users acknowledge that Experts24HR does not, in any way, supervise, direct, or control anExpert’s work or Jobs performed in any manner. Experts24HR does not set anExpert’s work hours or location of work. Experts24HR will not provide any equipment, labor or materials needed for a particular Job. The Service is not an employment service, employment business or employment agency and Experts24HR does not serve as an employer of any Expert/Contractor. As such, Experts24HR will not be liable for any tax or withholding, including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a Client’s use of aExpert’s services. Client agrees to indemnify Experts24HR and its affiliates from any and all claims, liabilities and reasonable costs arising from or in connection with:
- anExpert being misclassified as an independent contractor or employee;
- Experts24HR being incorrectly held to be an employer or joint employer of anExpert; or
- any other relevant third-party claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits or any other employee benefits.
13. Experts24HR Protection Pledge
The Experts24HR Protection Pledge provides protection for up to (a) GBP 100 in damages arising from (i) property damage to Clients or third parties arising directly from anExpert’s negligence in performance of a Job through the Service and (ii) bodily injury or death to Clients or third parties arising directly from anExpert’s negligence in the performance of a Job through the Service, and (b) GBP 100 per occurrence from theft of a Client or third party’s property by anExpert during performance of a Job through the Service. These payments are subject to certain conditions, limitations and exclusions, as described in the Experts24HR Protection Pledge Terms available here. All monetary amounts may be paid in the applicable Sterling on the date of payment to the User. The Experts24HR Protection Pledge is not intended to be any sort of insurance and Experts24HR is not an insurer, as such terms are understood for regulatory purposes.
14. Intellectual Property Rights
All intellectual property rights pertaining to any content on the Service (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors (and Users may be licensors if they have provided the content concerned). We give you a non-exclusive license to use and access the Service and its content solely for your own personal use, provided that you shall not: copy or make any part of the Service or its content available for access or use by any other person, except as expressly permitted by these terms or otherwise expressly authorized by us. Except to the extent expressly set out in these terms, you are not being given any rights in respect of any intellectual property rights owned by Experts24HR or its licensors and you acknowledge that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by downloading any content from the Service. The service marks and trademarks of Experts24HR, including without limitation Experts24HR and the Experts24HR logos are service marks owned by Experts24HR. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
15. Copyright Complaints and Copyright Agent
Experts24HR respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send the following information to Experts24HR’s Copyright Agent at: info@Experts24HR.com:
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material that you claim has been infringed is located. Include enough information to allow Experts24HR to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists - for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number and e-mail address;
- 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 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; and
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
16. Confidential Information
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Experts24HR and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Experts24HR in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Experts24HR upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Experts24HR’s trade secrets, confidential and proprietary information and all other information and data of Experts24HR that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
17. Disclaimer of Warranties
We will use all reasonable endeavors to ensure that the Service is available for use for as much of the time as possible, but we do not guarantee that it will be available all of the time and, in particular, it may be unavailable from time to time due to scheduled maintenance or upgrades or for reasons outside our control (such as failures of internet access). We do not give or enter into any condition, warranty or other term to the effect that the Service:
- is or will be available all of the time;
- is or will be free from defects; or
- will comply with any particular standards.
Except as expressly set out in these terms, no implied conditions, warranties or other terms, including any implied term relating to satisfactory quality or fitness for purpose, will apply to the Service or to any service provided by us via the Service. We shall not be liable to you for any loss of profits, goodwill or other intangible losses (even if Experts24HR has been advised of the possibility of such damages) or for any indirect, special or consequential loss or damage, whether such loss or liability arises due to negligence, breach of contract, misrepresentation or for any other reason other than to the limited extent set forth in the Experts24HR Protection Pledge. The foregoing will not affect any statutory rights that you may have as a consumer through your use of the Service. Nothing in this agreement shall in anyway limit or exclude Experts24HR’s liability for negligence, causing death or personal injury or for fraudulent misrepresentation or for anything, which may not be legally excluded or limited. Experts24HR does not review User Job postings or other comments or content and is not involved in any transactions carried out directly between Users.
18. No Liability
Experts24HR is not responsible for and shall have no liability in relation to any Jobs or other dealings that are facilitated by Users using our Service other than to the limited extent set forth in the Experts24HR Protection Pledge. Any disputes in relation to any Jobs or dealings with Clients or Experts should be raised and resolved directly with Client or Expert concerned. If you have a dispute with any Users whilst using the Service, you agree to release us from all claims, demands and damages of every nature, known and unknown, arising from or in any way connected with such disputes other than to the limited extent set forth in the Experts24HR Protection Pledge.
Except as otherwise set forth in the Experts24HR Protection Pledge, you hereby agree to indemnify Experts24HR, its directors, officers, employees, agents, subsidiaries, affiliates, and its partners in promotions, sweepstakes, or contests from and against any and all claims, losses, liabilities, judgments and reasonable costs, including legal fees and costs, incurred in connection with (i) your use or inability to use the Service, or (ii) any content submitted by you or using your account to the Service, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Experts24HR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Experts24HR.
20. Governing Law
These Terms of Service and your use of the Service shall be governed by English law. You agree that any dispute between you and us regarding these Terms of Service or the Service will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
21. Special Promotions
Experts24HR may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Experts24HR, and any promotional activity will be governed by its own set of terms and conditions, which will be notified to you should you choose to participate; the liability of any of the Company’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to Section 19 of these Terms of Service and such limitation shall not be affected by the Experts24HR Protection Pledge.
22. General Provisions
Failure by Experts24HR to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Experts24HR with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Experts24HR, its successors and assigns.
23. Changes to this Agreement and the Service
24. Dispute Resolution Policy
Disagreements does happen, and for this reason, we have a clear dispute policy. A dispute can only be pursued under following conditions:
· Both parties, the Expert and the Client are registered members of Experts24HR.com;
· The dispute is about the job booked though Experts24HR.com platforms;
· The dispute is registered within the seven days of the partial or full payments made by the client;
· The payment(s) is (are) though our platform (website or/and apps) using debit or credit card;
· The disputed payment amount is not more than the payment done through our platforms. For example, if you have made a payment (partial or full) of £100 to an Expert, then you cannot claim more than £100 and the resolution must be opened with 7 days from the day of the (partial or full) payment.
This Policy sets out the dispute process to be followed when an Expert and Client have a dispute between them.
The Dispute Team
Both parties of the Dispute case can elect to have their dispute arbitrated by our Dispute Team. The role of the Dispute Team extends to making all actions necessary to resolve the case in an impartial and evidential manner. You acknowledge that the verdict of the Dispute Team is final, binding, and irreversible.
Once a dispute is opened, a client is given 7 days to respond to it. Otherwise, they will automatically lose the dispute and the pending payment will be transferred to the expert's account.
Once a dispute is opened, an expert is given 7 days to respond to it. Otherwise, they will automatically lose the dispute and the pending payment will be returned to the client's account.
Dispute Resolution Process
STAGE 1 - Identifying the issue
The complainant should select the Job and the payment or payments to be disputed. A User could contest all the payment related to a single job in one dispute.
After which, a description of the issue and an explanation of why the dispute is being opened should be given. From this stage until Stage 3, users are encouraged to attach any files that could support their claims.
Finally, the complainant is requested to enter the amount he or she is prepared to pay for the Job (if a Client) or wish to get paid for the Job (if an Expert). The amount could be between 0 and the total amount of the Payment(s) in question.
STAGE 2 - Negotiations
At this stage, either party can negotiate for partial compensation, or (after a period of time) choose to have Expert's Dispute Team arbitrate the dispute. Both parties will have the opportunity to tell their side of the story and also negotiate terms to resolve the issue between themselves.
Only the party who originally filed for the dispute can cancel the dispute. If the issue cannot be resolved through negotiation, either party can choose to pay the Arbitration Fee to have the dispute arbitrated by the Dispute Team. The Arbitration Fee will be refunded if the dispute is either settled through mutual agreement or cancelled before reaching arbitration.
STAGE 3 - Final Offers and Evidence
After one of the involved parties has paid the Arbitration Fee, the other party has 7 days to also pay the fee. Either party still has the option in this period to negotiate with the other party.
If the responding party does not pay the arbitration fee within the 7 days, the result will be in favor of the party who escalated the dispute into arbitration first.
If a solution is found before the responding party pays the fee, the party who paid the Arbitration Fee will be refunded this fee.
Stage 3 is the last stage where both Users can submit their final evidence to support their case. After Stage 3, the involved parties are no longer allowed to submit evidence. The dispute will be resolved based upon the evidence provided through the Dispute System, or that is otherwise available to the Dispute Team, such as the job description and correspondence between the parties.
Once the dispute has proceeded to Stage 4, further evidence will no longer be accepted.
STAGE 4 - Arbitration
At Stage 4, the Dispute Team will review all evidence and other information provided to reach a decision (usually within 48 hours). Dispute verdicts are final, binding, and irreversible. The party who wins the dispute will be refunded their Arbitration Fee.
In the event that one of the parties of the Dispute has paid the Arbitration Fee, the other party will be given 7 days to pay the Arbitration Fee to move into Arbitration, and failure to do such will close the dispute by default, in favor of the party who initiated stage 4, with the arbitration fee initially paid refunded.
Evidential Requirements for Your Dispute
Should you elect to have the Dispute Team arbitrate your dispute, you agree to allow the Dispute Team to read all correspondence made on the Site and download or access, and test (if necessary), all uploaded files, programs, and websites related to the dispute for the sole purpose of having your dispute resolved.
You are highly encouraged to submit all the documents that would support your claims on your dispute.
Submit e-mail correspondences as screenshots or as *.eml files. If submitting screenshots, ensure that the "To", "From", and the "Date" bar is visible. E-mail correspondences sent in *.txt or *.doc or any word processing software will not be honored. For proof of external correspondence, users should provide screenshots of their entire unedited conversation.
Chat conversations should be submitted as screenshots of the conversation from the chat software. Correspondences sent in *.txt, *.doc, or any word processing software will not be honored.
Provide the products, contracts, and other files relating to the job and the dispute.
Expert will retain the confidentiality of the job and the privacy of the involved users and will not release the collected information to any party unless required by law.
The fee for a payment dispute is GBP7.00 or 5%, whichever is greater, payable by each party. The fee will then be refunded to the winner of the dispute.
25. Contacting us
If you have any questions about these Terms of Service or about the Service, please contact us by email at info@Experts24HR.com.