These terms of service (hereinafter referred to as the "Agreement") set forth the terms of use of the Instado Tech Pvt Ltd, available at InstaTaskers.com and is applicable to all of its associated pages and websites.
The Agreement provides for acceptable and prohibited use of the Website and is in addition to the Privacy Policy, applicable to all persons accessing or using the site ("you" or "user"). In addition to these terms, you will be independently responsible for complying with all laws applicable to the access or use of the Website, whether or not covered by this Agreement.
By accessing or using the Website, you represent that you have read and agree to be bound by this Agreement in its entirety and this Agreement is legally binding with respect to your access, use and provision of all services made available through the Website. If you are unwilling to be bound by this Agreement, do not access the Website and/or use the services provided by InstaTaskers. We reserve the right to revise the Agreement and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
a.InstaTaskers is an online marketplace that enables buyers of professional services ("Clients") to search for, enter into and manage transactions ("Tasks") with providers of professional services ("Taskers").
b.How you can use the Website as a Client: Client can create a profile, post requirements, search for Taskers, communicate, negotiate and assign tasks to Taskers, manage Tasks, provide feedback for the Taskers and pay Taskers. c. How you can use the Website as a Tasker: A Tasker can create a profile, advertise capabilities, submit quotes, negotiate with Taskers, receive Tasks, provide invoices, receive feedback from Clients and receive payment from Clients.
c.Payment Process: Clients and Taskers are required to mutually decide details of a task such as scope, pricing, phases and timeline. These details should be entered on the Website by the Tasker and approved by the Client. For each Phase (or Task when the Task is not divided into Phases), Clients are required to make the payment before the start of each Phase to InstaTaskers. Payments made by Clients to Taskers shall be held by InstaTaskers until such time the entire Task or a phase of such Task ("Phase") is completed and delivered to the Client. InstaTaskers shall charge the InstaTaskers Fee (defined below), chargeable to the Tasker, as detailed under Section 6.
d.InstaTaskers is not liable for the quality of services rendered, adherence to timelines by either Clients or Taskers or breach of any obligations Clients and Taskers may have towards each other.
a.If you are an individual, you represent that you are 18 years or above or that you have completed the legal age to enter into a binding contract in your jurisdiction if such age is above 18 years. If you are a company, trust, partnership or any other juristic person, you represent that you have the full legal capacity to enter into this Agreement. Where prohibited by applicable law, the use or access of the Website will be considered revoked ab initio. InstaTaskers reserves the right, in its sole discretion, to refuse, suspend, or terminate services of any user.
To register on the Website for an InstaTaskers account ("Account"), you will be required to complete a user profile. With respect to your profile and the registration process, you agree to the following:
a.You consent to your information to be shown to other users
b.You agree to provide true, accurate, and complete information on your profile and anywhere else whenever any information is requested from you by InstaTaskers. You agree to update your information when required, in order to maintain its truthfulness, accuracy, and completeness.
c.You agree not to register for more than one Account without express written permission from InstaTaskers.
d.You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
e.As part of the registration process, you will be asked to choose a username and password for the Account which you shall be entirely responsible to safeguard and maintain the confidentiality of.
f.You authorize InstaTaskers to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
g.You agree to your Account being 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 and your ability to represent your business on InstaTaskers, if it is a separate legal entity.
h.You authorize InstaTaskers, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you agree to provide us with information about you and your business.
As a Client and/or as a Tasker, you will be solely responsible for the engagement, contracting and management of a project, upon acceptance of a quote. You will, without limitation, adhere to the following conditions:
a.Fulfill your obligations with respect to provision and delivery of services in accordance with this Agreement and the terms agreed upon between you and the Client or Tasker, as applicable. This includes any proposal, description and/or any terms and conditions communicated between you and the Client or Tasker.
b.As a Client, you will be responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in a timely manner.
c.As a Tasker, you will be responsible for the performance and quality of the services in a timely manner. Additionally, you represent and warrant that no work undertaken as part of a Task shall violate the rights, including intellectual property rights of any third party.
d.As a Client, upon the completion of each Task or Phase, you will be required to provide a confirmation of such completion to the Taskers within 15 days from the time a request has been made by the Tasker. In the event you fail to respond to such request, InstaTaskers will deem the Task or Phase as applicable, to be completed to the satisfaction of the Client and the Task Fee will be transferred to the Tasker. Notwithstanding anything contained herein, Clients and Taskers may enter into an agreement for mutually acceptable timelines which will be deemed to override this Subclause 4.
e.As a Tasker, you will be required to respond to all communication and requests made either by a Client or by InstaTaskers in not more than 15 days from the time such communication or a request has been made. In the event you fail to respond in a manner as provided above, InstaTaskers may choose to withhold any payment due to you or terminate the Task upon consultation with the Client. You agree to not make any claim over the Task Fee in such situations.Notwithstanding anything contained herein, Clients and Taskers may enter into an agreement for mutually acceptable timelines which will be deemed to override this SubClause 5.
f.You agree to act with good faith and fair dealing in the performance of your obligations as a Client or Tasker.
a.Your relationship with Clients or Taskers and with InstaTaskers is that of an independent contractor. Nothing contained in this Agreement will be deemed to create a partnership, joint venture, agency, or employment relationship between you as a Tasker and Client or between InstaTaskers and any Client or Tasker.
b.If you agree to additional contractual provisions with a Client or a Tasker as the case may be, such provisions will not expand InstaTaskers' obligations or restrict InstaTaskers' rights under the Agreement in any manner. You acknowledge and agree that InstaTaskers is not a party to any agreements between you and a Client or Tasker, and that the formation of a service contract between you and the other party will not, under any circumstance, create an employment or other service relationship between you and InstaTaskers.
c.You agree that InstaTaskers has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of any Client or Tasker to perform, pay or deliver in any manner.
d.You are solely responsible for payment and reporting of any applicable taxes for services rendered or received. InstaTaskers reserves the right to terminate any engagement, suspend any account in its sole discretion in the event of a notification of any violation of this section.
a.InstaTaskers charges a fee, payable in advance, for all Tasks rendered through the Website. Upon finalising the scope, price, Phases and deliverables of a Task, InstaTaskers will charge a fee ranging between 5 to 15 percent of the payment chargeable to the Client ("InstaTaskers Fee"). When a Client makes a payment to a Tasker through the Website, InstaTaskers deducts the fee payable to InstaTaskers and delivers the remainder of the payment to the Tasker. In the event a Client and Tasker elect to enter into an arrangement for retainership, the InstaTaskers Fee will be payable on such retainership fees.
a.As a Client, you agree that upon your confirmation of the completion of a Task / Phase, you forfeit the right to any claim on the Task Fee or InstaTaskers Fee.
b.If you are a Client, you agree and acknowledge to bear any Processing Fee that may be applicable on your payment of the Task Fee. Such fees will be exclusive of payment due to a Tasker.
c.We reserve the right to change the InstaTaskers Fee, Processing Fee, Dispute Resolution Fee, or any other fee that may be charged by InstaTaskers at any time, at the sole discretion of InstaTaskers and upon reasonable notice posted in advance on the Website. You agree that you will not be entitled to a refund of any payment made to InstaTaskers.
d.For the purposes of the section above, Processing Fee shall mean and include any processing or transfer fees that may be incurred by InstaTaskers depending upon the mode of payment chosen by the Client or Tasker for payment of Task Fee or Dispute Resolution Fee.
d.If you are a Tasker, you will be required to duly complete an electronic invoice form and submit it to InstaTaskers via the Website. This process is mandatory for every Task you undertake through the Website.
e.In the event an offer of full-time employment is made to a Tasker, which offer may be initiated by either a Client or a Tasker, such Client or Tasker agrees to notify InstaTaskers of the offer prior to making the offer. If such offer is accepted and results in the full time employment of a Tasker, the Client will, without limitation, pay InstaTaskers a sum equivalent to 8.33% of the annual compensation package offered to the Tasker, upon such acceptance. No offer may be made to a Tasker which is in violation of the procedure above.
f.In the event a Client has deposited the Task Fee and the InstaTaskers Fee with InstaTaskers and the Task or Phase is not commenced for any reason whatsoever, InstaTaskers will hold such Task Fee for not more than 1 year from the date of deposit. InstaTaskers shall refund the Task Fee if a request is made within 1 year, upon deducting the InstaTaskers Fee.
a.If you are a Client, you agree to transfer certain payment responsibilities to InstaTaskers. Any payment that is due to a Tasker will be made through the Website and InstaTaskers will assume responsibility for the payment due to the Tasker upon deduction of the InstaTaskers Fee. As a Client, you agree and authorize InstaTaskers to hold the payment on your behalf and deduct the InstaTaskers Fee prior to transferring such payment of the Task Fee to the Tasker.
b.In the event a Tasker fails to complete his/her obligations as agreed between the Client and Tasker, InstaTaskers agrees to refund such payment to the Client upon confirmation from the Tasker that services for a Phase or Task have not been completed.
c.In the event of a conflict, the payment will be refunded only in the event of a resolution upon the parties concluding the process using the InstaTaskers Dispute Resolution Service with a result indicating that Client is the rightful recipient of such funds.
d.If a Client or Tasker reasonably disputes the fulfillment of obligations by the other party, then both Client and Tasker agree that InstaTaskers will have no payment obligations to any party related to the Task Fee until such dispute is resolved in accordance with Dispute Resolution Service. InstaTaskers' obligation to make any payment upon the deduction of fees is expressly conditioned upon the resolution of all outstanding disputes with respect to such payment. It is hereby expressly clarified that the liability of payment of either party andInstaTaskers with respect to any Tasks is limited to the payment due for each Phase that is completed and in no manner to the Task Fee.
a.To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests will be subject to the conditions and restrictions contained on the Website and in this Agreement. Notwithstanding any other provision of this Agreement, if InstaTaskers determines in its sole discretion that you have violated the conditions and restrictions of the Website or Agreement, InstaTaskers has the right to refuse to process such request.
b.InstaTaskers reserves the right, at its sole discretion, to place a hold on requested transfers if InstaTaskers suspects monies may be subject to chargeback, bank reversal, failure to clear or fraud. InstaTaskers will release a hold as soon as practical.
a.You agree that InstaTaskers has no control over the performances of services invoiced or paid for by using the Website. Additionally, InstaTaskers does not control whether a Client or Tasker will actually complete the underlying transaction, be it a Phase or a Task. InstaTaskers is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any work product produced by a Tasker.
b.In the event InstaTaskers discovers a fraudulent erroneous or duplicate transaction, or receives a charge back or reversal from any Client's credit card company or bank, for any reason, you agree that InstaTaskers has the right to obtain such reimbursement by charging your credit card, bank account or by deducting amounts from future transfers. You acknowledge that failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your account.
c.InstaTaskers operates its payment services in INR and will not be responsible for any currency fluctuations that may occur when billing or crediting a credit or debit card denominated in a currency other than INR, nor is InstaTaskers responsible for currency fluctuations that occur when receiving or sending payment via cheque, NEFT Transfer, credit/debit card or any other account.
d.If, for any reason, InstaTaskers does not receive payment for any amounts due from you, you agree to pay such amount immediately upon demand by InstaTaskers. You also agree to pay any interest charges, attorneys' fees and other costs of collection incurred by InstaTaskers in the course of collecting such payments that are due from you.
a.You understand and agree that InstaTaskers acts as an intermediary between a Client and Tasker to provide payment services upon such Clients and Taskers entering into an agreement of their own volition. Because local and state laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. InstaTaskers will neither be responsible for providing tax advice to you nor be responsible or liable in any manner in relation to your tax liability.
b.Tax may be deducted at source by a Client while making a payment for Tasker's services and provide a certificate to that effect to a Tasker, as required by applicable laws. It is hereby clarified that the Task Fee is income accrued by a Tasker, as provided for under the Income Tax Act, 1961 and any tax deducted at source by a Client is to be made on a Tasker's PAN only. It is hereby clarified that InstaTaskers shall not be responsible in any manner for tax deductions, provision of certificates or tax liabilities of any manner whatsoever for transactions between Clients and Taskers.
a.InstaTaskers offers dispute resolution services in the event a dispute arises between a Client and Tasker ("Dispute Resolution Services"). Either party may notify a dispute arising out of Tasks commissioned, accepted and paid for through the Website. You agree that any and all disputes relating to Tasks undertaken through the Website will be governed by the terms of this section.
b.In the event you elect to resolve the dispute through the Dispute Resolution Service, you agree to mediate such dispute in good faith before InstaTaskers for a period of ten (10) business days, deemed to have begun the day that either party requests Dispute Resolution Services through the Website. If the result of such mediation is acceptable to both parties in a dispute, you agree to indicate your approval of such mediation through the Website or in writing, as requested by InstaTaskers and InstaTaskers will disburse funds in accordance with the results of such mediation. InstaTaskers will render its decision within five (5) business days of a failed mediation. During this time, you are encouraged to continue to negotiate an amicable settlement with the other party with you are engaged in a dispute with. If you are dissatisfied with the progress, or if ten (10) business days have lapsed since you have notified InstaTaskers of a dispute between you and the other party, you agree to submit your dispute to binding arbitration as further set forth below.
c.In the event a dispute cannot be resolved through mediation, you expressly agree to and acknowledge that InstaTaskers or a third party chosen by InstaTaskers will arbitrate the dispute in accordance with the Agreement and the Website. This will, in no manner affect InstaTasker's ability to bring a suit against any Client or Tasker for breach of this Agreement or of any applicable laws.
d.In the event you opt for the use of the Dispute Resolution Service, irrespective of the nature or outcome of the resolution, InstaTaskers shall charge a fee ("Dispute Resolution Fee") of Rs.500 or 5% of the Task fee, whichever is greater.
e.You agree that the decision of InstaTaskers in the course of the arbitration will be final, binding, and not subject to appeal.
f.You agree that InstaTaskers is not providing legal consulting services through its Dispute Resolution Services and will not advise you regarding any legal matters. If you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on InstaTaskers for any such counsel.
g.You agree to indemnify and hold harmless InstaTaskers and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service. h. All communications to you by InstaTaskers will use the email address corresponding with your account registered at the time a dispute arises to notify and communicate with you with regard to any dispute.
a.This Agreement will become effective as your contractual agreement with InstaTaskers upon your use and/or access of the Website, and will continue until your Account is terminated by you or InstaTaskers as provided for under the terms of this section.
b.Unless otherwise agreed to in writing between the parties, either party may terminate this Agreement at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) InstaTaskers will continue to perform those services necessary to complete any open transaction between you and another user of the Website; and (2) You will continue to be obligated to pay any amounts due to InstaTaskers as of the date of termination and to any Tasker for any services.
c.You agree that InstaTaskers may temporarily suspend, indefinitely suspend or terminate your account or a Task, and refuse to provide any or all services to in the event of any breach of any terms of this Agreement.
d.Upon the termination of your account for any reason, you will no longer have access to data, messages, files and other material you may have maintained on the Website. The material may be deleted along with all your previous posts and proposals.
As a user of the Website and the services offered by InstaTaskers, you represent, warrant, and agree to:
a.Grant access to, use and operate your account in accordance with this Agreement and be fully responsible and liable for any action arising out of the usage of your Account.
b.Refrain from using any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial of service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
c.Not intercept or expropriate any system, data or personal information from the Website
d.Not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure
e.Use the Website and the services offered by InstaTaskers only upon having the right and complete legal eligibility to do so
f.Use the Website only for bona fide business transaction and not to defraud or mislead any person or entity, including InstaTaskers and any of its users.
h.You agree that all present and future engagements, transactions and payments, with a Client or a Tasker initially made through the Website shall exclusively be through the Website and through the use of services, including payment services offered by InstaTaskers only. It is hereby clarified that this is applicable to all work contracted with such party either directly or indirectly or arising out of your relationship with such party. Any contravention of this provision shall be deemed a material breach of this Agreement.
a.You hereby release InstaTaskers (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute that may arise in relation to your use or access of the Website and the services offered by InstaTaskers.
a.You agree to defend, hold harmless and indemnify InstaTaskers from and against any and all losses, costs, expenses, damages or other liabilities incurred by InstaTaskers from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against InstaTaskers in connection with your use of the Website including any payment obligations incurred through the Website or through the use of any services including the use of your personal information, any breach of contract or other claims made by users with which you conducted business through the Website, a breach of any provision of this Agreement, any liability arising from the tax treatment of payments or any portion thereof, any negligent or intentional wrongdoing by any user, any act or omission of yours with respect to any payment due by you.
b.The Website may contain links to third party web sites not under the control or operation of InstaTaskers. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site. You are responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of this Website will not be construed as creating any responsibility on InstaTaskers' part to store, backup, retain, or grant access to any information or data for any period.
THE WEBSITE IS ON AN "AS IS" BASIS. THE WEBSITE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE WEBSITE, PROVISION OF SERVICES OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE WEBSITE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. THE WEBSITE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE. THE WEBSITE IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE WEBSITE. THE WEBSITE DOES NOT WARRANT OR COVENANT THAT THE SERVICES WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ACCESS TO THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE WEBSITE, THE WEBSITE OR THROUGH OR FROM THE SERVICES will CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
ALL THE CONTENTS OF THIS WEBSITE ARE ONLY FOR GENERAL INFORMATION OR USE. THEY DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING (OR REFRAINING FROM MAKING) ANY DECISION. ANY SPECIFIC ADVICE OR REPLIES TO QUERIES IN ANY PART OF THE WEBSITE IS/ARE THE PERSONAL OPINION OF SUCH EXPERTS/CONSULTANTS/PERSONS AND ARE NOT SUBSCRIBED TO BY THIS WEBSITE. FURTHER IT will BE THE SOLE RESPONSIBILITY OF THE USERS TO UPDATE INFORMATION AND/OR RESUME AND THE WEBSITE DOES NOT TAKE ANY RESPONSIBILITY OF THE ACCURACY OR VALIDITY OR TRUTH OF THE INFORMATION POSTED ON THE WEBSITE AND THE WEBSITE will NOT BE LIABLE ON THIS ACCOUNT. SINCE THE WEBSITE ACTS ONLY AS A SEARCH AND PUBLISHING PORTAL FOR THE USERS, IT WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN OPPORTUNITY PROVIDER AND THE SKILL PROVIDER AS REGARDS THE TERMS OF PROJECT / ASSIGNMENT OFFERED BY THE OPPORTUNITY PROVIDERS. IN NO CIRCUMSTANCES WILL THE WEBSITE BE LIABLE FOR THE ANY ARRANGEMENTS BETWEEN THE OPPORTUNITY PROVIDER AND THE SKILL PROVIDER. IN NO EVENT will THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM:
a.THE USE OR THE INABILITY TO USE THE SERVICES;
b.THE LOSS OF JOB OPPORTUNITY RESULTING FROM ANY INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR ARRANGEMENTS ENTERED INTO THROUGH THE SERVICES;
c.UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA;
d.ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR OPPORTUNITIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.
THE WEBSITE WILL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE WEBSITE will NOT BE HELD RESPONSIBLE FOR NON AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE WEBSITE'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM
a.BREACH OF CONTRACT,
b.BREACH OF WARRANTY,
c.NEGLIGENCE, OR
d.ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
a.Compliance with Law. You are responsible for compliance with applicable laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
b.Modifications to the Agreement. You understand and agree that this Agreement, the Website and any services provided by InstaTaskers can be modified by InstaTaskers at its sole discretion, at any time without prior notice, and shall be immediately effective. You agree to review the Agreement periodically so that you are aware of any such modifications. InstaTaskers shall not be liable for any loss suffered by you arising out of your failure to review such modified terms of this Agreement. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website or any of InstaTaskers' services implemented after your initial access of Website or use of the services shall be subject to this Agreement.
c.Construction. Whenever the context may require, any pronouns used herein shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns and pronouns shall include the plural and vice versa.
d.Waiver. InstaTaskers will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of InstaTaskers. No delay or omission by InstaTaskers in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
e.Severability. If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
f.Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without the express written permission of InstaTaskers, and any attempt to do so will be null and void. InstaTaskers may assign this Agreement in its sole discretion.
g.Force Majeure. Except for the payment of fees to InstaTaskers, neither of the parties to these Agreement will be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party will be extended by the period of such delay.
h.Notice. All notices required or permitted to be given under these Agreement, will be in writing and will be deemed to have been duly given if delivered personally or sent by prepaid telex, telefax or telegram, or mailed first class, postage prepaid, by registered or certified mail (notices sent by telex or telefax, or telegram, will be deemed to have been given on the date sent; those mailed will be deemed to have been given 10 business days after mailing) to our addresses or to such other address as any party will designate by notice in writing.
InstaTaskers charges a fee, payable in advance, for all Tasks rendered through the Website. Upon finalising the scope, price, Phases and deliverables of a Task, InstaTaskers will charge a fee (“InstaTaskers Fee”), in the following manner:
| Total Task Fees earned by the Tasker | InstaTasker Fees (in % of Task Fees) |
|---|---|
| Upto Rs. 7,00,000 | 15% |
| Rs. 7,00,001 to Rs. 15,00,000 | 12.5% |
| Rs. 15,00,001 to Rs. 25,00,000 | 10% |
| Rs. 25,00,001 to Rs. 38,00,000 | 7.5% |
| Rs. 38,00,001 and above | 5% |
The total revenue earned by a Tasker will be calculated for a period of 12 months till the date of receipt of payment made by a Client to a Tasker through the Website.
When a Client makes a payment to a Tasker through the Website, InstaTaskers deducts the fee payable to InstaTaskers and delivers the remainder of the payment to the Tasker. In the event a Client and Tasker elect to enter into an arrangement for retainership, the InstaTaskers Fee will be payable on such retainership fees.
b.As a Client, you agree that upon your confirmation of the completion of a Task / Phase, you forfeit the right to any claim on the Task Fee or InstaTaskers Fee.
c.If you are a Client, you agree and acknowledge to bear any Processing Fee that may be applicable on your payment of the Task Fee. Such fees will be exclusive of payment due to a Tasker.
d.We reserve the right to change the InstaTaskers Fee, Processing Fee, Dispute Resolution Fee, or any other fee that may be charged by InstaTaskers at any time, at the sole discretion of InstaTaskers and upon reasonable notice posted in advance on the Website. You agree that you will not be entitled to a refund of any payment made to InstaTaskers.
e.For the purposes of the section above, Processing Fee shall mean and include any processing or transfer fees that may be incurred by InstaTaskers depending upon the mode of payment chosen by the Client or Tasker for payment of Task Fee or Dispute Resolution Fee.
f.If you are a Tasker, you will be required to duly complete an electronic invoice form and submit it to InstaTaskers via the Website. This process is mandatory for every Task you undertake through the Website.
g.In the event an offer of full-time employment is made to a Tasker, which offer may be initiated by either a Client or a Tasker, such Client or Tasker agrees to notify InstaTaskers of the offer prior to making the offer. If such offer is accepted and results in the full time employment of a Tasker, the Client will, without limitation, pay InstaTaskers a sum equivalent to 8.33% of the annual compensation package offered to the Tasker, upon such acceptance. No offer may be made to a Tasker which is in violation of the procedure above.
h.In the event a Client has deposited the Task Fee and the InstaTaskers Fee with InstaTaskers and the Task or Phase is not commenced for any reason whatsoever, InstaTaskers will hold such Task Fee for not more than 1 year from the date of deposit. InstaTaskers shall refund the Task Fee if a request is made within 1 year, upon deducting the InstaTaskers Fee.
a.InstaTaskers is an online marketplace that enables buyers of professional services ("Clients") to search for, enter into and manage transactions ("Tasks") with providers of professional services ("Taskers").
b.How you can use the Website as a Client: Client can create a profile, post requirements, search for Taskers, communicate, negotiate and assign tasks to Taskers, manage Tasks, provide feedback for the Taskers and pay Taskers. c. How you can use the Website as a Tasker: A Tasker can create a profile, advertise capabilities, submit quotes, negotiate with Taskers, receive Tasks, provide invoices, receive feedback from Clients and receive payment from Clients.
c.How you can use the Website as a Tasker:
d.Payment Process: Clients and Taskers are required to mutually decide details of a task such as scope, pricing, phases and timeline. These details should be entered on the Website by the Tasker and approved by the Client. For each Phase (or Task when the Task is not divided into Phases), Clients are required to make the payment before the start of each Phase to InstaTaskers. Payments made by Clients to Taskers shall be held by InstaTaskers until such time the entire Task or a phase of such Task ("Phase") is completed and delivered to the Client. InstaTaskers shall charge the InstaTaskers Fee (defined below), chargeable to the Tasker, as detailed under Section 6.
e.InstaTaskers is not liable for the quality of services rendered, adherence to timelines by either Clients or Taskers or breach of any obligations Clients and Taskers may have towards each other.
a.InstaTaskers offers dispute resolution services in the event a dispute arises between a Client and Tasker ("Dispute Resolution Services"). Either party may notify a dispute arising out of Tasks commissioned, accepted and paid for through the Website. You agree that any and all disputes relating to Tasks undertaken through the Website will be governed by the terms of this section.
b.In the event you elect to resolve the dispute through the Dispute Resolution Service, you agree to mediate such dispute in good faith before InstaTaskers for a period of ten (10) business days, deemed to have begun the day that either party requests Dispute Resolution Services through the Website. If the result of such mediation is acceptable to both parties in a dispute, you agree to indicate your approval of such mediation through the Website or in writing, as requested by InstaTaskers and InstaTaskers will disburse funds in accordance with the results of such mediation. InstaTaskers will render its decision within five (5) business days of a failed mediation. During this time, you are encouraged to continue to negotiate an amicable settlement with the other party with you are engaged in a dispute with. If you are dissatisfied with the progress, or if ten (10) business days have lapsed since you have notified InstaTaskers of a dispute between you and the other party, you agree to submit your dispute to binding arbitration as further set forth below.
c.In the event a dispute cannot be resolved through mediation, you expressly agree to and acknowledge that InstaTaskers or a third party chosen by InstaTaskers will arbitrate the dispute in accordance with the Agreement and the Website. This will, in no manner affect InstaTasker's ability to bring a suit against any Client or Tasker for breach of this Agreement or of any applicable laws.
d.In the event you opt for the use of the Dispute Resolution Service, irrespective of the nature or outcome of the resolution, InstaTaskers shall charge a fee ("Dispute Resolution Fee") of Rs.500 or 5% of the Task fee, whichever is greater.
e.You agree that the decision of InstaTaskers in the course of the arbitration will be final, binding, and not subject to appeal.
f.You agree that InstaTaskers is not providing legal consulting services through its Dispute Resolution Services and will not advise you regarding any legal matters. If you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on InstaTaskers for any such counsel.
g.You agree to indemnify and hold harmless InstaTaskers and any of our affiliates against any damages or liability you may suffer as a result of using the Dispute Resolution Service. h. All communications to you by InstaTaskers will use the email address corresponding with your account registered at the time a dispute arises to notify and communicate with you with regard to any dispute.
