Terms Of Services: Updated July 2020

Welcome!

The following terms of services (These "Terms of Services"), governs your access to and use of the aworkaholic website, including any content, functionality and services offered on or via aworkaholic.com (the "website") by Ghani Inc and with respect to payment processing services by it's subsidiaries. Ghani Inc and its subsidiaries are collectively referred to hereby as "Aworkaholic" "we" or "us".

By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein. Please read the Terms of Service carefully before you start to use the Site. 

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Aworkaholic services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Aworkaholic makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

A Buyer is an “Employer

A Seller is a “Worka” or “Freelancer

Buyers are users who purchase services on Aworkaholic.

Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.

Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.

Disputes are disagreements experienced during an order between a Buyer and Seller on Aworkaholic.

Aworkaholic Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.

Aworkaholic Credits are credits that Aworkaholic may provide users to be used only for purchases on Aworkaholic, subject to these Terms of Service or any other applicable laws and/or terms.

Work Page is where the Seller can describe their Work and the Work’s terms, and the Buyer can purchase the Work and create an order.

Work | Works are services offered on Aworkaholic.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Work.

Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Work Page.

Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Aworkaholic platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Aworkaholic Balances.

Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on Aworkaholic, subject to these Terms.

Sellers are users who offer and perform services through Works on Aworkaholic.

Overview (Main terms, in a nutshell)

  • Only registered users may buy and sell on Aworkaholic. Registration is free.
  • Works on Aworkaholic may be offered at a base starting price of $5. Some Works are offered at a base price of more than $5 as determined by the Seller.
  • Buyers pay Aworkaholic in advance to create an order (see Purchasing Section below regarding payment terms).
  • Orders are purchased through the Order button found on a Seller’s Work page or through a Custom Offer.
  • For fees and payments please read the purchasing section here.
  • Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
  • Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Work Extras, or selling their Work in multiples.
  • Users may not offer or accept payments using any method other than placing an order through Aworkaholic.com.
  • When purchasing a Work, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Work page. Note: some Works charge additional payments (through Work Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
  • Aworkaholic retains the right to use all published delivered works for Aworkaholic marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
  • Users undertake to comply with Aworkaholic’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Aworkaholic community and marketplace in addition to these Terms of Service, as updated from time to time.

SELLERS

Basics

  • Sellers create Works on Aworkaholic to allow Buyers to purchase their services.
  • Sellers may also offer Custom Offers to Buyers in addition to their Works.
  • Each Work you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
  • Aworkaholic accredits Sellers once an order is completed. See our "Orders" section below for a definition of a completed order.
  • If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Aworkaholic Balance.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
  • Sellers may not promote their Works or any Aworkaholic content via the Google Ads platform.
  • Sellers may withdraw their revenues using one of Aworkaholic’s withdrawal options (see Withdrawal Section below regarding payment terms).
  • The Seller's rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
  • For security concerns, Aworkaholic may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple Aworkaholic accounts to a single withdrawal provider.
  • Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Work page is inclusive of all such taxes and charges that may apply to the Sellers.
  • Appointment as Limited Payment Collection Agent: Seller hereby appoints Aworkaholic as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to Aworkaholic shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Aworkaholic (or its Payment Services Provider, as applicable), and Aworkaholic (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Aworkaholic (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Aworkaholic and not the Buyer directly. Seller agrees that Aworkaholic may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that Aworkaholic may deem necessary or prudent.
  • Aworkaholic partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Aworkaholic Balances. All payments services in connection with the withdrawal of funds on the Aworkaholic platform are performed by Aworkaholic’s Payment Services Providers.
  • Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Works

  • Sellers are allowed to post up to 7 works
  • Works created on Aworkaholic are User Generated Content.
  • Works and/or users may be removed by Aworkaholic from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Works
    • Spam, nonsense, or violent or deceptive Works
    • Works misleading to Buyers or others
    • Reselling of regulated goods
    • Offering to prepare academic works on behalf of Buyers
    • Services that extend beyond 30 days of service duration
    • Exceedingly low quality Works
    • Promoting Aworkaholic and/or Aworkaholic Works through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
  • Works that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
  • Works that are removed for violations are not eligible to be restored or edited.
  • Works may be removed from our Search feature due to poor performance and/or user misconduct.
  • Works may include pre-approved website URLs contained within the Work description and requirements box. Works containing websites promoting content, which violates Aworkaholic’s Terms of Service and/or our Community Standards, will be removed.
  • Works are required to have an appropriate Work image related to the service offered. An option to upload two additional Work images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Work images. Recurring deliveries that don’t match the quality shown on the Work images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
  • Works may contain an approved Work Video uploaded through the Work management tools available on Aworkaholic.
  • Statements on the Work Page that undermine or circumvent these Terms of Service is prohibited.
  • Eligible Works in select Categories may set up Work Packages to offer their services in structured formats with multiple price points for the selected Work.
  • Certain categories are available only to Pro Sellers to create Works. If you are not a Pro Seller, creating a Work for services available to Pro only may result in removal of your Work.

Custom Offer

  • Sellers can also send Custom Offers addressing specific requirements of a Buyer.
  • Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
  • Custom Offers are sent from the conversation page.
  • Services provided through Custom Offers may not violate Aworkaholic’s Terms of Service and/or our Community Standards.
  • Project Milestones:
    • Custom Offers above $100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
    • A milestone is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will be cancelled.
    • Once a milestone is delivered, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. Please note that if you choose to stop the Order, the current delivered milestone will not be cancelled.

Shipping Physical Deliverables

Some of the services on Aworkaholic are delivered physically (arts and crafts, collectable items, etc.). For these types of Works, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

  • Works that include shipping costs must have physical deliverables sent to Buyers.
  • Shipping costs added to a Work only pertains to the cost Sellers require to ship physical items to Buyers.
  • Important: Buyers who purchase Works that require physical delivery, will be asked to provide a shipping address.
  • Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
  • Aworkaholic does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
  • A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.

 

Withdrawing Revenues

  • To withdraw your revenue, you must have an account with at least one of Aworkaholic's Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with Aworkaholic’s Payment Services Provider. All payment services, including withdrawal services will be provided by Aworkaholic’s Payment Services Provider.
  • Your Aworkaholic profile can be associated with only one account from each Aworkaholic withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one Aworkaholic profile.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
  • To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
  • Withdrawals can only be made in the amount available to you.
  • Withdrawal fees vary depending on the withdrawal method.
  • Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
  • In certain cases, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Aworkaholic’s Payment Services Providers. Your Aworkaholic Balance is always derived from its US$ value and, therefore, the local currency amount of your Aworkaholic Balance may change daily in accordance with exchange rates fluctuations and also includes conversion fees. Sellers always have the option to withdraw Revenues in US$.

 

BUYERS

Basics

  • You may not offer direct payments to Sellers using payment systems outside of the Aworkaholic platform.
  • Aworkaholic retains the right to use all publicly published delivered works for Aworkaholic marketing and promotional purposes.
  • Buyers may request a specific service from the Post a Request feature. Services requested on Aworkaholic must be an allowed service on Aworkaholic. Please click here for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Aworkaholic.

Purchasing

  • Buyers pay Aworkaholic to create an order from a Seller’s Work page or Custom Offer. Aworkaholic partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Aworkaholic Balances. All payments services in connection with the collection of funds on the Aworkaholic platform are performed by Aworkaholic’s Payment Services Providers.
  • Aworkaholic serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Aworkaholic (or its Payment Services Provider, as applicable), and Aworkaholic (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Aworkaholic (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Aworkaholic and not the Buyer directly.
  • In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site
  • In most locations, purchases on Aworkaholic can be made by using one of the following payment methods: Credit Card, PayPal, Aworkaholic Credits or existing Aworkaholic Balance. Additional payment methods may apply in certain locations.
  • Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees.
  • Your existing Aworkaholic Balance will be automatically applied to your next purchase.
  • You may not offer Sellers to pay, or make payment using any method other than through the Aworkaholic.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either Aworkaholic or Aworkaholic’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments. Aworkaholic is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here.
  • By using any payment method and/or providing payment details for making purchases on Aworkaholic, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Aworkaholic; and (d) such actions do not violate any applicable law.

Local Currencies

  • Buyers may pay on Aworkaholic in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by Aworkaholic’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
  • Buyers should note that all prices on Aworkaholic are derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their selected displayed currency.
  • If you paid for an Order in a currency other than US$ and your Order was later cancelled for any reason, the amount returned to your Aworkaholic Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
  • Your Aworkaholic Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your Aworkaholic Balance in any currency other than US$, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same US$ value. Users always have the option to view their Aworkaholic Balance in US$ by changing their selected displayed currency.
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Taxes

  • Buyers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Buyer before payment.
  • Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

ORDERS

Basics

  • Once payment is confirmed, your order will be created and given a unique Aworkaholic order number (#FO).
  • Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Work.
  • The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
  • An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
  • We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Aworkaholic's Customer Support department for assistance here.

Handling Orders

  • When a Buyer orders a Work, the Seller is notified by email as well as notifications on the site while logged into the account.
  • Sellers are required to meet the delivery time they specified when creating their Works. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller's status.
  • Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
  • Users are responsible for scanning all transferred files for viruses and malware. Aworkaholic will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  • Buyers may use the "Request Revisions" feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller's description on their Work page or they do not match the requirements sent to the Seller at the beginning of the order process.

Reviews

  • Feedback reviews provided by Buyers while completing an Order are an essential part of Aworkaholic's rating system. Reviews demonstrate the Buyer's overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
  • Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Aworkaholic platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Aworkaholic platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  • Feedback comments given by Buyers are publicly displayed on a Seller’s Work page.
  • Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller's Live Portfolio on their Work page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
  • Withholding the delivery of services, files, or information required to complete the Work’s service with the intent to gain favorable reviews or additional services is prohibited.
  • Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
  • Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
  • Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Aworkaholic's Customer Support department for assistance here.

Basics

  • Order cancellations can be performed on Aworkaholic, when eligible, by Customer Support or through the Resolution Center per order.
  • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
  • In the event that a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter.
  • Aworkaholic, through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
  • All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is cancelled for any reason.
  • If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Aworkaholic Balance.
  • Revisions to deliveries can be performed by Sellers based on the Seller’s Work and customer care. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
  • Requests for revisions can be performed through the Order Page while the order is marked as Delivered.
  • Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

  • Aworkaholic encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
  • Eligibility for requests to Aworkaholic to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the Aworkaholic delivery system. See below for Order specific eligibility.
  • Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
  • In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s Aworkaholic Balance and will be deducted from the Seller’s Aworkaholic Balance or, if there are no sufficient amounts in the Seller’s Aworkaholic Balance, from future revenues of such Seller.
  • Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Work Page. Buyers may rate their experience with the Seller on the Order Page, including the overall level of service quality received.
  • Buyers must use Aworkaholic Resolution Center to address their concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of Aworkaholic.
  • Any non-permitted usage of Aworkaholic encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Aworkaholic’s Terms of Service.
  • Aworkaholic Customer Support will cancel orders based on, but not limited to, the following reasons:
    • Active Orders (after the Buyer submits their requirements and before the Seller delivers on Aworkaholic)
      • The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
      • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
      • Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
      • The user is no longer an active Aworkaholic user due to Terms of Service violations or closure of their account.
    • Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)
      • The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
      • The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
      • The Seller requests additional payments, on or off the Aworkaholic platform, by withholding the final delivery of services directly related to the agreed requirements.
      • The Seller is withholding the final delivery of services for improved ratings.
      • Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
      • Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
    • Completed Orders (after the order is marked as complete and before the 14 day limitation)
      • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
      • Buyers who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Seller’s Work Page and cannot be retroactively included once the order is completed for over 14 days.
      • Aworkaholic Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

  • Aworkaholic does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer's Aworkaholic Balance and are available for future purchases on Aworkaholic. Until January 1, 2019, funds returned to your Aworkaholic Balance from cancelled orders will not include service fees paid. As of January 1, 2019, Aworkaholic returns service fees to your Aworkaholic Balance once an order is cancelled. In any event, if the service fees were not returned to your Aworkaholic Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Aworkaholic.
  • Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.

Aworkaholic Credits

In certain instances, Aworkaholic may offer you credits (“Aworkaholic Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Works and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid Aworkaholic Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, Aworkaholic Credits expire following three months from their receipt. Aworkaholic Credits serve only as an incentive to use Aworkaholic, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, Aworkaholic Credits may not be returned to your account even if your Order gets cancelled. Aworkaholic Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Aworkaholic reserves the right to modify or cancel the Aworkaholic Credits program at any time. If you or Aworkaholic deactivate or suspend your Aworkaholic account, any unused Aworkaholic Credits in your account will be forfeited.

User Conduct and Protection

Aworkaholic enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Aworkaholic reflect the diversity of an expanding Work economy. Members of the Aworkaholic community communicate and engage through orders, social media, and on Aworkaholic’s Community Forums.

Aworkaholic maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Aworkaholic. This section relates to the expected conduct users should adhere to while interacting with each other on Aworkaholic.

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

  • To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Aworkaholic in order to circumvent or abuse the Aworkaholic messaging system or Aworkaholic platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
  • Aworkaholic does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
  • Aworkaholic does not provide protection for users who interact outside of the Aworkaholic platform.
  • All information and file exchanges must be performed exclusively on Aworkaholic's platform.
  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
  • Aworkaholic is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
  • Users may not submit proposals or solicit parties introduced through Aworkaholic to contract, engage with, or pay outside of Aworkaholic.

Orders

  • Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
  • Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
  • Aworkaholic reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Aworkaholic (or one of Aworkaholic’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.

Works

  • Users may report Works to Customer Support that may be in violation of Aworkaholic’s Terms of Service based on the reported Work’s replicated similarity to pre-existing services (copycat Works).
  • Sellers warrant that any content included in their Works shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Works, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Works.
  • Aworkaholic will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography - Aworkaholic does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication on Aworkaholic should be friendly, constructive, and professional. Aworkaholic condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Works or orders.

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Aworkaholic will not be protected by our Terms of Service.

Authentic Aworkaholic Profile - You may not create a false identity on Aworkaholic, misrepresent your identity, create a Aworkaholic profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Aworkaholic reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims - Aworkaholic will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use - You may not use Aworkaholic for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Aworkaholic community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Aworkaholic’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Aworkaholic. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell Aworkaholic accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by Aworkaholic and protected by copyright and trademark law. Aworkaholic®, Work® and Works® are all registered trademarks owned exclusively by Aworkaholic. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Feedback Rights

To the extent that you provide Aworkaholic with any comments, suggestions or other feedback regarding the Aworkaholic platform or the Site as a whole, as well as other Aworkaholic products or services (collective, the “Feedback”), you will be deemed to have granted Aworkaholic an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Aworkaholic is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

  • Aworkaholic reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
  • Violation of Aworkaholic's Terms of Service and/or our Community Standards may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on Aworkaholic.
  • Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  • Users have the option to enable account Security features to protect their account from any unauthorized usage.
  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Aworkaholic's approval.
  • Disputes should be handled using Aworkaholic's dispute resolution tools ('Resolution Center' on the order page) or by contacting Aworkaholic Customer Support.
  • Aworkaholic may make changes to its Terms of Service from time to time. When these changes are made, Aworkaholic will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use Aworkaholic after the date on which the Terms of Service have changed, Aworkaholic will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Aworkaholic by our users (Buyers and Sellers) is User Generated Content. Aworkaholic does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Aworkaholic is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Works or otherwise). We provide no warranty with respect to the Works, their delivery, any communications between Buyers and Sellers We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Aworkaholic. Sellers advertising online their Work must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Work as applicable, and may lead to the suspension of Seller's account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When purchasing a Work on Aworkaholic, unless clearly stated otherwise on the Seller's Work page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Work and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Works (including for custom created work) charge additional payments (through Work Extras) for a Commercial Use License. This means that if you purchase the Work for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Work Extra and will have broader rights that cover your business use.

For Voice Over Works, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Work Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Work Extra. For further information on the type of buy-outs, please read below.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Aworkaholic, including Work texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Aworkaholic for no consideration for marketing and/or other purposes.

Voice Over Commercial Buy-Out

When purchasing a Voice Over Work, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV "paid channels" including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to Aworkaholic's Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Aworkaholic will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Work Commercial Use License

By purchasing a “Commercial Use License” with your Work Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Aworkaholic’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Aworkaholic will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Aworkaholic NOR ANY PERSON ASSOCIATED WITH Aworkaholic MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Machine Translation

Certain user-generated content on the Site has been translated for your convenience using translation software powered by Amazon Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.

The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

Limitation on Liability

IN NO EVENT WILL Aworkaholic, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, Aworkaholic AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Aworkaholic, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.