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Terms & Conditions
TERMS AND CONDITIONS
LAST MODIFIED IN FEBRUARY 2021
These terms and conditions (the “Terms”) apply between you, the User ofSkillfulglobal.com also known as “Website” or “Site” (including any sub-domains, unless expressly excluded by their own Terms and Conditions), and the INFINITE CREATION LTD, the owner and operator of this Website. Please read these Terms carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions (including website policies and linked information) is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms, you should stop using the Website immediately.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
The Website is an online platform or bidding portal where Users contract projects by buying and selling products or services. Users must have to register for an Account in order to use the features and services in the Site.The Website enables Users to work together online to complete and pay for Contract Package. Contract Package refers to any project with corresponding fees or prices under the category of Starter, Intermediary, Advanced and Tailored Packages offered in the Website, whether agreed(paid) or not. We are not a party to any contractual agreements between the Client and Freelancer, we merely facilitate connections between the parties by using our platform.
We may amend these Terms and any linked information from time to time by posting amended terms on the Website, without notice to you. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.
Terms Used In this Agreement:
“Infinite Creation Ltd” means the owner and operator of the website in this Agreement and its associated policies.
“skillfulglobal.com” also known as the “Website” or “Site”.
“Skillful Global” also known as “Skillful”, “us”,“we”, “our”.
“Products & Services” also known as “Services”, means any items of physical (deliverable via courier) and/or virtual products, exchanged or communicated by the Users to another Users, including but not limited to tutorial lessons, trainings, learning skills, software designs, and any other services that may be provided by the Users when using the Website.
“Contract Package” refers to the jobs or projects posted under Starter, Intermediary, Advanced and Tailored packages with its corresponding product descriptions, prices and delivery time.
User or Users (“you”, “your”, “Contractor”, “Client” or “Freelancer”) means any third party that accesses the Website and is not either (i) employed by INFINITE CREATION LTD and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to INFINITE CREATION LTD and accessing the Website in connection with the provision of such services.
"Account" means the account associated with your name, email address or contact information.
"Client" means the “buyer” that purchases items, products and services from “Freelancer”.
“Freelancer” means the “seller” who sells or renders products and services.
“Support Centre” means the Website’s arbitration management wherein the Users may submit their inquiries, raise issues concerning their account, transaction, requests, complaints and its results, status of the project or contract, and any other issues in respect to the User’s use of the Product and Services provided by the Site.
“Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded and shared by Users.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
You need an account to be able to use the features and services provided in this Website including the purchase of products and services, and enroll in a tutorial lesson, or to submit a lesson for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the right owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and we will not intervene in disputes between Users who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Centre. We may request some information from you to confirm that you are indeed the owner of your account.
Users must be at least 18 years. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in European Economic Area), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enrol in school tutoring that is appropriate for you or help you purchase other products or services provided in the Site.If you are below this age of consent to use online services, you may not create an account. If we discover that you have created an account that violates these rules, we will immediately terminate your account. Under this Terms and Conditions, you may be requested to verify your identity before you are authorised to use the Services.
Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
Intellectual Property and Acceptable Use
1.All Contents included on the Website, unless uploaded by Users, is the property of INFINITE CREATION LTD, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
2.You may, for your own personal, non-commercial use only, retrieve, display and view the Content on a computer screen
3.You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of INFINITE CREATION LTD.
4.You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
5.You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify INFINITE CREATION LTD for all claims resulting from Content you supply.
If you suspect any of the Users have violated the above provisions, you may submit a claim of copyright infringement for material to us at email address firstname.lastname@example.org and attention to Copyright Infringement Claim.
You may not use the Website for any of the following purposes:
a.in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b.in any way which is harmful, unlawful, illegal, abusive, harassing, defamatory, invasive of privacy, vulgar, obscene, profane, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c.making, transmitting or storing electronic copies of Content protected by copyright and trademarks without the permission of the owner.
d.refusal and failure to pay the product and services delivered to you.
e.post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
f.to take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
g.to distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
h.attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
i.to illegally collect information about Users including email addresses, without their consent.
j.to make a financial transaction other than any monetary transactions allowed and is available under the contract packages as indicated in the platform.
k.to use for any currency or financial trading, including digital currencies such as bitcoin, Ethereum etc.
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes such as contracting the project privately or outside the Website to avoid fees, if you have infringed legal rights or infringed Intellectual Property Rights (resulting in actual or potential claims), engaging or have engaged in fraudulent or illegal activities, or if you breach these Terms.
You may cancel your registration at any time by informing us by email to email@example.com If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Password and Security
When you register on this Website, you will be asked to create a password which you should keep confidential and not disclose to or share with anyone.
If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account. It is your sole responsibility to keep your Account secure, we suggest to keep updating your password and create an additional 2-factor authentication code.
Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of INFINITE CREATION LTD or that of our affiliates.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
We do not and will not sell any of your personal information entered onto our website.
Warranty and Disclaimer
Any online facilities, tools, services or information that INFINITE CREATION LTD makes available through the Website, is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. INFINITE CREATION LTD is under no obligation to update information on the Website.
Whilst INFINITE CREATION LTD uses reasonable endeavour to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
INFINITE CREATION LTD accepts no liability for any disruption or non-availability of the Website.
INFINITE CREATION LTD reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These Terms shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Users are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
Hence, Value Added Tax may be applied and may appear on the invoice on payment transactions. A 20% VAT rate based on the United Kingdom may apply, where Infinite Creation Ltd will be VAT registered.
Other Charges for Legal Document
We charge an additional £17 for any requested “Transfer of Intellectual Property Rights” agreement. For more details and request kindly contact us at firstname.lastname@example.org .
Self-Assessment & Payment of Income Tax
It is the sole responsibility of the Users to declare their personal assessment, declare their own income generated by the use of the Website, and payment of the same. We hold no liability for failure of the Users to declare, assess and pay their own taxes from their place of residency or where they are legally bound to declare and pay their income taxes.
Fees and Charges
The following is the list of the charges we may apply when using our Services.
Users may post jobs or search for a suitable professional through our “expertise” category,which refers to the main industry. Other users may offer four (4) types of Contracts under the Starter, Intermediary, Advanced and Tailored packages. Users must indicate clearly the scope of work, cost, and completion date in their Contract Package. Fees and charges only apply when there is a paid contract in place.
Charges to the Client
For any agreed or paid contracts under the Starter, Intermediary and Advanced Packages, the website will automatically add an additional fixed rate of 15% to the total contract price as the platform’s administration fee. For projects agreed and paid under the Tailored Package, the platform will add a fixed rate of 10% to the total contract priceas administration fee.
Charges to the Freelancer
For any agreed contracts under the Starter, Intermediary and Advanced Packages, the platform will deduct a fixed rate of 15% from your posted total contract price as the platform’s commission for introducing a client via the Website, therefore leaving you an 85% net income. A fixed rate of 10% as commission will be deducted from any contract price under the Tailored Package, leaving you a 90% net income.
Cancellation and Refund
Both parties may cancel the agreed project at any time. You may also contact email@example.com for assistance. For more details about cancellation and your rights,please see our Terms & Conditions on Cancellation of Contracts.
Also, both parties may initiate a refund.Refunds will automatically go back to the payment method used (Paypal, card or bank account). Please allow 5-7 working days to process this.
If applicable, an additional flat rate of 5% transaction fee when using credit cards, debit cards and other form of accepted card payments by Skillful.
For Paypal Users, Paypal payments/transactions are usually FREE. However, in some instances Paypal may charge you. This is based on how their fees and rates apply according to the location and currency exchanges. Please read https://www.paypal.com/webapps/mpp/paypal-fees. Please be aware that Skillful global will have no control over this thus, Skillful Global accepts no liabilities on this should Paypal charge you or deduct their own fees from the transaction you made through our Website.
The users may withdraw their net income or any credit amount to their account at any time however, please be aware of the fees and other charges that may apply as stated above. We allow a minimum withdrawal of £10.
For physical products that are deliverable via couriers, the Users have the rights to agree on the shipping cost and its terms. The shipping cost is an additional cost on the agreed or paid contract package available on the website.
Some Users may offer lessons and trainings, if they do and you enrolled or paid for their packages, please be aware, that it’s the Seller’s (Freelancer) discretion whether they’ll provide you any certification, proof or certificate of attendance for completing the lessons or trainings they provide. As Clients, this must be communicated directly to the Seller and must be discussed with clarity therefore Skillful doesn’t take any responsibility on this. Skillful is not a party to any contract packages, we have no responsibility to provide any certificate or proof of completion. The platform is for letting the Clients to meet expert freelancers and vice versa.
We implement an automatic currency switchers based on your IP address when you register with us.The Website may display local currency and may show different rates in addition to the actual amount. These rates are based on a conversion from the originating currency using the current indicative market exchange rates at the time you access the Website. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount.
You may withdraw funds from the Website in another currency. If you wish to do so, you will be quoted an exchange rate which will be available for the time specified, which you may choose to accept. We may charge a fee for effecting the currency conversion transactions. This fee will be embedded within the rate provided to you via our currency exchange tool and the currency exchange will be settled immediately.
We reserve the right to reject any request for a conversion of currency at any time.
You are responsible for all risks associated with converting and maintaining funds in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decrease in the value of your funds. You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial service provider.
All information included on the Website in respect of currency conversion is a general information only. Use of currency conversion is at your own risk. Currency conversions are final and irreversible.
Limitation of Liability
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, INFINITE CREATION LTD (our directors, employees and other affiliates, including our suppliers, partners, and agents) accept no liability for any indirect, incidental, punitive or consequential damages whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance on the following:
a.personal injury or death
b.any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
c.loss or corruption of any data, database or software;
d.any special, indirect or consequential loss or damage.
Our liability to you or any third parties under any circumstance is limited to the amount you have paid us in the six (6) months before the event giving rise to your claims.
The parties (the Client and the Freelancer) shall attempt to resolve any dispute arising out of or relating to their paid and agreed contract through negotiations between the parties. You may raise any concerns or disputes to our Support Centre or you may email us at firstname.lastname@example.org will try to mediate and facilitate the settlement of disputes between the parties. However, if such dispute is not resolved we may refer you (without obligation to us referring you) to take the issue to the alternative arbitration.
Arbitration and Mediation
If the matter is not resolved by negotiation within 2 weeks of receipt of a complaint or dispute ticket, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators (CIA).
If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. The arbitration shall be governed by both the Arbitration Act 1996 and the Controlled Cost Rules of the Chartered Institute of Arbitrators (2014 Edition), or any amendments thereof, which Rules are deemed to be incorporated by reference into this clause. The seat of the arbitration shall be England and Wales.
Rules as agreed between the parties. Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary.
Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
The adjudicator is not liable for anything done or omitted in the discharge or purported discharge of his functions as adjudicator unless the act or omission is in bad faith and any employee or agent of the adjudicator is similarly protected from liability.
The parties acknowledge that they are responsible for any amount or fees that will be incurred as a result of the dispute settlements.
INFINITE CREATION LTD and its affiliates are not a party or involved in any transactions (including the paid contract packages as provided when using the platform or outside the platform) between the Client and the Freelancer, and as specified to this Agreement. Both parties acknowledge to release any legal obligations against INFINITE CREATION LTD and Skillful website and its affiliates should any disputes arise between the Client and Freelancer.
INFINITE CREATION LTD as well as its related entities, affiliates and their respective directors, agents and employees reserve the right to be indemnified and hold harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature known and unknown, including reasonable legal fees, made by any third party due to or arising out of breach of this Agreement or violation of any law or the rights of a third party.
In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your breach of this User Agreement.
Feedback and Reviews
The website acknowledges and values any feedback and reviews that would help improve the Site and its features, products and services.
Users must be aware that you indirectly transfer the copyright of your feedback and reviews to us, that such feedback and reviews will solely belong to us, notwithstanding that we permit you to use it on our Website while you remain a User. The feedback and reviews must not use or deal with in any way inconsistent with our policies posted on the Website which may change from time to time and may require prior written permission from us.
We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe may undermine the integrity and credibility of our feedback system.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating and boosting the integrity of its Users and must therefore remain within the Website.
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, contract package, listing description, scope of work or service description, shared messages or file, must relate to the item listed, user or service being performed on the Website.
We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by us or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
Communication with other users on the Website must be conducted through the text, audio and/or video chat functionality, along with message boards, contract package board, project message board, direct message sending and other communication channels provided on the Website.
You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the "email" field of the signup form, at our request, related to the work (that no other ways to receive the services and completing the delivery time is by sending to the Client’s email) or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate withanother Users via Skillful platform. You must not, and must not attempt to communicate with other Users through any other means including but not limited to email, telephone, WhatsApp, Facebook, Facebook Messenger, Telegram, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.
In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function on the Website.
Users may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.
We may allow you to use or share data via third party link to receive and to fulfil the delivery of the services you offer. All payments and transactions must be communicated only through the platform for safety and security. Please be aware that we will not be able to assist you if payment is done outside our platform.
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
Any version of this Terms in a language other than English is provided for convenience. If there is any conflict with a non-English version, you agree that the English language version will control.
In this Terms, unless the context requires a different interpretation:
a.the singular includes the plural and vice versa;
c.a reference to a person includes firms, companies, government entities, trusts and partnerships;
d."including" is understood to mean "including without limitation";
e.reference to any statutory provision includes any modification or amendment of it;
f.the headings and sub-headings do not form part of these Terms, they are provided for your convenience.
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication and you are deemed to have accepted the terms on your first use of the Website following the alterations. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms and Conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.