Welcome to Salesforceworks.
These Terms of Service constitute a legal agreement between you (the “User,” “Buyer”, “Seller”, “Client”, “Freelancer “or “you”) and Salesforceworks (“Salesforceworks” “Httpeak Pty Ltd”, “the Company”, “we,” “our” or “us”) concerning your access to and use of the Salesforceworks Website (the “Site”) and other related or connected services.
By registering for an account to use the Site or by accessing or using the Site or any of the Services connected to the Site, you agree to be bound by these Terms of Service and all other Salesforceworks policies and regulations. Therefore, please read these Terms of Service before signing up or accessing the Site.
DEFINITIONS
In these Terms of Service, the following terms shall have the following meanings, except where the context otherwise requires:
“Account” means the user account created by users of the Site as part of Registration;
“Buyer” or “Client” means a person buying services from a Freelancer through Salesforceworks;
“Content” means data or information accessed through the Site;
“Dispute” means any conflict or disagreement between a Freelancer and a Buyer in relation to an Invoice;
“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” or “Seller” means a person selling services to a Buyer via the Site;
“Hourly Contract” means a Service Contract for which Client is charged based on the hourly rate charged by Freelancer;
“Inactive Account” means a User Account that has not been active for a period of 6 months, or other period determined by us from time to time.
“Intellectual Property Rights” means (i) copyrights and copyright applications, (ii) trademarks, service marks, trade names, trade dress, and applications or registrations for any of the foregoing in any country; (iii) trade secrets or any data or information which provides value or a competitive advantage to its holder by not being publicly known; (iv) patents, patent applications, continuations, reexaminations, reissues, continuations-in-part, and foreign equivalents of the foregoing, in any country; and (v) any privacy, publicity or other personal rights;
“Invoice” means a bill for a completed project which is raised by the Freelancer;
“Payment Method” include valid credit or debit card, a PayPal account, or such other method of payment as Salesforceworks may consider acceptable;
“Privacy Policy” means the policy accessible on the Site which details how Salesforceworks collects and treats users’ personal data;
“Project” means a piece of work which a Freelancer agrees to provide to a Buyer through the Site;
“Proposal” means an offer made by a Freelancer to a Buyer to provide services at a quoted hourly or fixed fee;
“Services” means all services performed for or delivered to Buyers by Sellers.
“Site” means the Salesforceworks platform; and
“Salesforceworks” means the Salesforceworks Site, which owned and managed by Httpeak Pty Ltd, which is duly incorporated under the laws of Australia.
“User” means any person who uses the Site.
SERVICES
Salesforceworks provides an online freelancing platform where Users can buy and sell Salesforce implementation services. Salesforceworks therefore acts as a link between Clients and Freelancers.
You acknowledge, agree, and understand that Salesforceworks shall not be a party to the relationship or any dealings between Clients and Freelancers. Accordingly, Users are solely responsible for the User Content, selection and terms of Agreements, performance of Services, among other matters.
SALESFORCEWORKS USER ACCOUNTS
General
To access the full Salesforceworks site, both Clients and Freelancers will be required to register an account in order to access the Site. Accordingly, you must complete the registration process by providing us with current, complete and accurate information about yourself as prompted by the applicable registration form. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
Although user accounts will be personal, Users may trade under incorporated or unincorporated legal entities. Users cannot register for more than one account.
You will be prompted to choose a username and password for your Account. As a User, it is your responsibility to maintain the confidentiality of your account details and password. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
By registering an Account with us, you consent to create a User profile which may be shown to other Salesforceworks Users and, unless you change your privacy settings, the public.
Eligibility
By accessing or using the Site, you warrant that:
- a) You are legally capable of entering into binding contracts;
- b) Yare at least the age of majority;
- c) You are not economically barred/limited under sanctions rules of any country worldwide.
- d) You will use the Site and the Services for business purposes only; and
- e) You will comply with any licensing, registration, taxation or other requirements regarding your business, or the business for which you are acting.
We reserve the right to restrict your access, temporarily or indefinitely block your account, stop any projects you have in progress, and or warn other Users of your actions or issue you a warning if:
- a) You breach these terms of service or other referenced policies;
- b) We are unable to verify or authenticate any information you provide to us;
- c) We believe that your actions may cause any loss or liability to our Users or to us;
Without prejudice to the foregoing, we may, at our absolute discretion, refuse to register any person or entity as a User. You cannot transfer or assign any rights or obligations you have under these Terms of Service without our express prior approval.
Identity and Location verification
From time to time to time after you register an Account with us, 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 the Site.
You authorize us to directly or through third parties, make any inquiries necessary to validate your identity, your location, and confirm your ownership of your User Account.
Membership Fees and connects
Freelancers shall pay Salesforceworks a membership charge of $ 2.99 per month. The membership charges will be deducted from the Payment method provided by the Freelancer on the due date. The membership billing period begins on the date that we receive payment.
In addition, the Freelancer shall purchase “Connects” to enable bidding for Client Projects.
DELIVERY OF SERVICES
Project Postings, interviews and hiring
The process of hiring Freelancers on the Site shall begin with posting of the Buyer’s project. The Buyer will need to provide their requirements so that interested and qualified Freelancers can be able to place their bids.
We encourage buyers to be specific in their project description and to set out the deliverables expected as well as the Buyer’s deadlines or timescales. Additionally, the Buyer should indicate a realistic budget for the work to attract good quality Freelancers.
In response to Buyer project postings, Freelancers may submit bids for the projects they consider fit for their skills and availability. Upon interviews between a Buyer and a Freelancer, the Buyer may hire the Freelancer by sending an offer to the Freelancer, which the Freelancer may accept.
Before accepting a Buyer’s offer, a Freelancer must be sure of what the terms of the project are: the scope of the services to be offered; the amount to be paid as compensation for the services; deadlines, among other details.
Please note that the Site does not provide Escrow Account services and therefore, parties shall take the necessary precautions to safeguard their interests over funds.
Fees and Payment
A Freelancer shall be charge fees for projects either based on an agreed fixed price as an hourly-rate project. The amount of fees and mode of payment for the fees shall be based solely on the agreement between the Freelancer and the Buyer. For the avoidance of doubt, no charges or commission shall be payable to Salesforceworks in respect of Projects. Additions, Users shall be at liberty to transact within or outside the Site.
Quality
Freelancers must strive to deliver a high standard of work, appropriately meeting their Buyer’s needs and deadlines. In this regard, Freelancers have a duty to ensure that their work is free from errors and meets the project description provided by the Buyer.
Prohibitions
While using the Site, you will not attempt to or otherwise do any of the following:
- a) Impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Site;
- b) Cause nuisance, annoyance or inconvenience;
- c) Violate any law or regulations including those related to obscenity or computer use or access;
- d) Engage in any acts of fraud or misrepresentation;
- e) Provide instructional information about illegal activities or encourage criminal conduct, conduct that would give rise to civil liability, or that would otherwise violate any applicable local, state, national, or international law;
- f) Interfere with the operations of the Site;
- g) Fail to deliver payment for services delivered to you;
- h) Fail to deliver Services purchased from you as a Freelancer;
- i) Infringe or violate the rights of any person, including the right to privacy and intellectual property rights;
- j) Distribute any computer viruses, worms, Trojan horses or other elements destructive to the App, hardware or software of the Company and other users; or
- k) Harvest or otherwise collect information about Users, including email addresses, without their consent.
INTELLECTUAL PROPERTY
Your use of the Site and the Services provided therein shall not violate any Intellectual Property rights of the Company or other Users.
You are solely responsible for all information posted on the Site and 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.
If you believe your copyrights are being infringed by a User of the Site, please send a notification via support@salesforceworks.com detailing the specific information complained of.
TAXES
You are solely responsible for declaring and paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
FEEDBACK AND REVIEWS
When a project is completed and the Freelancer has been paid by the Buyer, both parties are asked to provide both qualitative feedback and a rating from 1-5 for the other party. This rating influences each User’s ranking on the Site. A review (feedback) is published on the member profile page when both parties (Buyer and Freelancer) leave their feedback within the first 60 days since invoice payment (funds released / amount paid).
Both parties should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback.
Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
RELATIONSHIP BETWEEN YOU AND SALESFORCEWORKS
You understand and agree that Salesforceworks merely connects Buyers and Freelancers and that Salesforceworks is not the employer or principal of any of the Users. Accordingly, Salesforceworks shall not be responsible for any acts or omissions of any User.
INDEMNITY AND LIMITATION OF LIABILITY
You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, you shall indemnify, defend, and hold harmless Salesforceworks and its affiliates, representatives and agents for all claims and liabilities arising out of the use of the Site and the Site Services.
We DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We also make no warranty or representation and disclaim all responsibility and liability for the following:
- a) any indirect, special, incidental or consequential damages that may be incurred by you;
- b) any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
- c) any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
SALESFORCEWORKS PRIVACY POLICY
Our Privacy Policy sets out, among other things, our data collection, retention, use and disclosure practices. The privacy policy is hereby incorporated by reference.
DISPUTE RESOLUTION
You agree and understand that we do not offer dispute resolution services in relation to disputes between Users. As such, Users shall be responsible to resolve disputes between themselves and are in this regard encouraged to do so amicably.
GOVERNING LAW
This Agreement shall be governed by the laws of Australia, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute one party has against the other party arising under or relating to this Agreement (including claims in contract, tort, strict liability, statutory liability, or other claims) must be resolved exclusively by a court of competent jurisdiction located in Australia.
MISCELLANEOUS PROVISIONS
Third parties
This Agreement does not give rights to any third parties. You may not assign or attempt to assign your rights and obligations without our express consent.
Severability
If any court or competent authority decides that any of the provisions of these Terms of Service are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
Amendment
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. Your continued use of or access to the App following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Entire Agreement
These Terms of Service, the Privacy Policy and any other policies constitute the entire agreement between the Company and you and supersede any previous oral, written or electronic communications or documents with respect to the App. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
Get in touch
If you have any concerns or questions regarding these Terms of Service, please contact us at support@salesforceworks.com
Effective Date: 9th of June 2020
Last updated on: 9th of June 2020
