Effective Date: Dec 1, 2015
This User Agreement (this "Agreement") is a contract between you ("you" or "User" or "Client" or "Talent") and Bizcoot Services Private Limited. ("Bizcoot", "we," or "us") and, to the extent expressly stated in this Agreement.
You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located at www.bizcoot.com or Bizcoot services ("Site" or "Offline"). To the extent permitted by applicable law, Bizcoot may amend this Agreement without prior notice to you at any time by posting a revised version on the Site. Any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. Your continued use of the Site or the Site Services after the effective date of a revised version of this Agreement constitutes your acceptance of its terms and agreement to be bound by its terms. This Agreement includes and hereby incorporates by reference the agreements and Site usage polices linked from www.bizcoot.com/terms of service.
By registering for a Bizcoot account on the Site (an "Account"), you are deemed to have executed this Agreement electronically, effective on the date you register your Account.
In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Site, you give us permission toconsent to us providinge these records to you electronically instead of in paper form. You confirm accept full responsibility for signing up with Bizcoot, whatever professional status you hold, whether employed, un-employed, or freelancing. An individual can only have one account, whether it is a talent or client account. We reserve full rights to approve or reject or keep on hold your application entirely at our discretion.
By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via your registered mobile phone number, or email provided by you at the time of registration. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by sending an email to Customer Support and may also require a written record of withdrawal of consent. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Site, Site Services, or offline services, and you will no longer be able to use the Site, Site Services, or Bizcoot services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity or details provided by you. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your drivers' licence or passport or any appropriate national identity document). We may also ask you to provide photographic identification, or any reasonable additional forms of photographic identification. We reserve the right to close, suspend, or limit access to your Account, the Site, the services you provide to the clients through us and/or in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address and mobile phone number, by updating your Account information on the Site or by sending an email to the Bizcoot email ID.
You agree to provide true, accurate, and complete information on all registration and other forms you access on the Site or provide to us, and to update your information to maintain its truthfulness, accuracy, and completeness for the duration of your use of the Site. To the extent any false or misleading information is provided, we reserve the right to reserve the right to close, suspend, or limit access to your Account and/or the Site.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites are owned and operated by the third parties and/or their licensors. Your access and use of third-party websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party websites. You acknowledge and agree that Bizcoot is not responsible or liable for: (a) the availability or accuracy of third-party websites; or (b) the content, advertising, or products on or available from third-party websites.
To use the Site Services, you must register for an Account with Bizcoot, online or offline. Bizcoot offers the Site Services for your business purposes, and not for personal, household, or consumer use. To register for an Account, you must be and hereby represent that you are a legal entity or an individual 18 years or older who can enter into legally binding contracts. When you register for an Account, you also must agree to the terms of this Agreement. By registering for an Account, you agree for the duration of your use of the Site to: (a) abide by this Agreement and the processes, procedures, and guidelines described on the Site; (b) be financially responsible for your use of the Site and the purchase and/or delivery of Talent Services; and (c) perform your obligations as specified by any Service Contract that you accept, unless such obligations are prohibited by applicable law or this Agreement. Bizcoot reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site ,Site Services, or company services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or incomplete, or otherwise violates this Agreement, or for any other reason is Bizcoot's sole discretion. bizcoot can cancel the account of the person or user, without prior notice, if the person has been responsible for any loss of reputation or/and business for the company/bizcoot.
Every registered talent in the site has an option to create his or her own team. Such a creator of the team or the team may grant one or more users certain additional rights and privileges (each such user, a "Talent Member"). In such a case, you agree to grant access to the Talent Member to act on your behalf for the purpose of fulfilling the functions of the specially constituted team, and at all times in accordance with this Agreement. Additionally, in such circumstances, you agree to be fully responsible and liable for any action of the chosen Talent Member. You represent that your chosen Talent Members have the authority to accept this Agreement on your behalf and to create a legally binding obligation on your behalf.
You agree that any internal disputes within a team or between any team members or between a chosen Talent Member and a team member shall be resolved within such team and Bizcoot undertakes no responsibility in relation thereto.
You agree for the duration of your use of the Site or its offline services: (a) not to use any Account, username, or password of another User of the Site that you are not authorized to use, and (b) not to allow third parties who are not authorized to do so to use your Account, or the team account (as the case maybe) at any time.
Your Account and username are transferable only upon Bizcoot's prior approval, at Bizcoot's sole discretion. If any of your team members' profiles violate this Agreement, it may affect your ability to use the Site. Bizcoot has the right to revoke the membership privileges of any talent, team creator, Talent Member, and any or all team Members without prior notice if, in Bizcoot's sole judgment, false or misleading information has been provided. Upon closure of a talent, Talent Member's or team creator's account, Bizcoot may close any or all related Accounts.
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You authorize Bizcoot to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to your password or the password of anyone User of your Account.
The Site is a marketplace where Clients and Talents can identify each other and buy and sell Talent Services online and/or offline. Subject to the terms of this Agreement, Bizcoot provides the Site Services to Clients and Talents, including hosting and maintaining the Site, enabling the formation of Service Contracts between Clients and Talents, and managing disputes related to those Service Contracts. If a Client and Talent agree on terms of the Talent Services, a Service Contract is formed directly between such Client and Talent only, unless in an event of the Client having a direct contract with Bizcoot.
You acknowledge and agree that when a Talent accepts an Engagement awarded by a Client, the Client and the Talent will be deemed to have entered into a Service Contract with each other. The Engagement terms are deemed to be awarded and accepted on the Site, or offline, to the extent that the engagement terms do not and do not purport to expand Bizcoot's obligations or restrict Bizcoot's rights under this Agreement. You acknowledge and agree that the formation of a Service Contract between a Client and a Talent will not, under any circumstance, create an employment relationship between Bizcoot and the Talent or create any additional obligation on the part of Bizcoot towards the Talent, unless otherwise agreed. Client acknowledges and agrees that Client selects the Talent based upon Client's sole determination that Talent possesses the skills, background, and education to satisfy the requirements of the assignment and Bizcoot accordingly accepts no responsibility with respect to the selection by the Client of a Talent.
The Talent is fully responsible and liable to provide the agreed Services to the Client. Bizcoot's role in such contracts will be that of a billing facilitator, and repository of Talent information, whose sole responsibility in this respect will be to replace Talent in case the Client is unsatisfied with the Talent, or in case of attrition. Bizcoot may choose to charge the client or talent for this service.
Unless otherwise agreed to in writing by both Client and Talent and except for Service Contracts classified as employment relationships, the terms and conditions of the Service Contract that a Talent enters directly with a Client when the Talent agrees to provide Services to the Client are as set forth in this section. Client and Talent may not agree to any other terms and conditions that affect the rights or responsibilities of Bizcoot. Bizcoot is not a party to any Service Contract between Users, talent and the client, except as a third-party beneficiary, or unless it is a direct contract with Bizcoot.
In certain circumstances, based on mutual agreement between the Client and Bizcoot, Service Contracts may be entered into between the Client and Bizcoot on such terms as may be agreed between the parties. Staffing solutions come under the purview of this section.
Talent will perform the Talent Services in a professional manner as may be reasonably expected from an individual performing such a Service, and will timely deliver any agreed upon Work Product. The manner and means of performing the Talent Services will be determined by Talent in consultation with the Client.
Either Client or Talent or Bizcoot has the right to terminate the Service Contract after providing any required notice, or immediately on the end date specified in the Service Contract terms and/or upon completion of the Talent Services, in the event of a material breach, or with the consent of the other party. Except as required by law, Client remains obligated to pay the Talent Fees for any Talent Services provided, and/or fees charged by Bizcoot, prior to termination of the Contract, or as specified by the Contract.
Bizcoot is a facilitator between the Clients and Talent and does not guarantee engagement or work opportunities on the Site, or offline to Talents. At this point in time, Bizcoot does not charge a fee for using its Site and does not currently have a registration charge.
When a Client pays a Talent, or when funds related to an Engagement are otherwise released to a Talent, through Bizcoot, we will deduct a handling fee ranging between 12-15%, depending on the bill amount and contract. Fee structure for direct contracts with bizcoot will be worked upon on case to case basis. When a Client uses a Talent Service that has a fee, the Client has an opportunity to review and accept the fees that will be charged, which we may change from time to time and will update you by placing on our Site. We may choose to temporarily change the fees for our services for promotional events. In case of a contract between the client-talent-Bizcoot, the handling fee as per the contract will hold good.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the services provided. These taxes will be added to the fees or invoice billed to the Client, as applicable. The Talent agrees to promptly cooperate with Bizcoot and provide copies of Talent's tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Talent is engaging in an independent business as represented to Bizcoot.
We will disburse any payment for Services to the Talent/s, only after getting the necessary funds (inclusive of all applicable taxes) from the Client in terms of Talent Fees. We will deduct our agreed fees and charges and then disburse the payment to the Talent.
The disbursement of payment for Services to The talent will be based on the instructions of the Talent Member(s) or other authorized approvers, chosen talent members, which will be deemed to bind the members of the team. You agree that any internal disputes in connection with such payment within a team or between any members or between a chosen Talent Member and a team member shall be resolved within such team and Bizcoot undertakes no responsibility in relation thereto.
Bizcoot is not responsible, and cannot be held accountable in a case of non-payment from the client end. The Client and Talent can decide whether to continue the engagement in such a case, and is left to their discretion.
Bizcoot is not responsible, and cannot be held accountable in a case of non-payment from the client end. The Client and Talent can decide whether to continue the engagement in such a case, and is left to their discretion.
Bizcoot is not responsible, and cannot be held accountable in a case of non-payment from the client end. The Client and Talent can decide whether to continue the engagement in such a case, and is left to their discretion.
We may refund funds to Users irrespective of whether a User has requested funds be refunded if we are required by law, or as an outcome of a dispute settlement, if original payment made was fraudulent, duplication of payment error, or to avoid a credit card chargeback.
There is no minimum amount for a refund.
In an event, we hold back money in the Talent account, to settle any tax payments or demands, the Talent is not entitled to any interest, or other earnings for funds that are in its Account.
To the extent a Client or Talent provides Confidential Information to the other, the recipient will protect the secrecy of the discloser's Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose another's Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another's Confidential Information, except as necessary for the performance of Talent Services for the relevant Service Contract (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use by Talent); and (c) limit access to another's Confidential Information to its personnel who need to know such information for the performance of Talent Services for the relevant Service Contract.
The following capitalized terms have the following meanings :
"Client Materials" means requests, intellectual property, and any other information or materials that Client provides to Talent.
"Invention" means any ideas, concepts, information, materials, processes, data, programs, know-how, improvements, discoveries, developments, designs, artwork, formulae, other copyrightable works, and techniques and all Intellectual Property Rights therein.
Client Materials
Client grants Talent a limited, non-exclusive, revocable (at any time, at Client's sole discretion) right to use the Client Materials as necessary solely for the performance of the Talent Services under the applicable Service Contract. Client reserves all other rights and interest, including, without limitation, all Intellectual Property Rights, in and to the Client Materials. Upon completion or termination of the Service Contract, or upon Client's written request, Talent will immediately return all Client Materials to Client and further agrees to destroy all copies of Client Materials and Deliverables contained in or on Talent's premises, systems, or any other equipment or location otherwise under Talent's control. Within ten days of such request from Client, Talent agrees to provide written certification to Client that Talent has returned or destroyed all Client Materials and Work Product as provided in this subsection.
Ownership of Work Product and Intellectual Property
Upon Talent's receipt of full payment from Client, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. If Talent has any Intellectual Property Rights to the Work Product that are not owned by Client upon Talent's receipt of payment from Client, Talent hereby automatically irrevocably assigns to Client all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Talent retains no rights to use, and will not challenge the validity of Client's ownership in, such Intellectual Property Rights. Talent hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product.
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
Upon Talent's receipt of full payment from Client, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Client, and Client will be deemed to be the author thereof. If Talent has any Intellectual Property Rights to the Work Product that are not owned by Client upon Talent's receipt of payment from Client, Talent hereby automatically irrevocably assigns to Client all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Talent retains no rights to use, and will not challenge the validity of Client's ownership in, such Intellectual Property Rights. Talent hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product.
"Affiliate" means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with Bizcoot.
"Client" means any authorized User utilizing the Site to seek and/or obtain Talent Services from another User. From time to time, Bizcoot may act as a Client, and the terms and conditions of this Agreement applicable to Clients will apply to Bizcoot when Bizcoot acts in this way.
"Client Deliverables" means requests, intellectual property, and any other information or materials that a Talent receives from a Client for a particular Service Contract.
"Confidential Information" means Client Deliverables, Talent Deliverables, Work Product, and any other information provided to, or created by, a User for a Service Contract, regardless of whether in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of Talent or Client; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party's obligations of confidentiality; or (d) was independently developed by User without use of another person's Confidential Information.
"Fixed Price Contract" means a Service Contract for which Client is charged a fixed fee agreed between a Client and a Talent, prior to the commencement of a Service Contract, for the completion of all Talent Services contracted by Client for such Service Contract.
"Engagement" means an engagement for Talent Services that a Talent provides to a Client under a Service Contract on the Site.
"Talent" means any authorized User utilizing the Site to advertise and provide Services to Clients. A Talent User is also a customer of Bizcoot with respect to use of the Site and the limited Site Services.
"Talent Deliverables" means requests, intellectual property, and any other information or materials that a Client receives from a Talent for a particular Service Contract.
"Talent Fees" means: (a) for an Hourly Rate Contract, an amount equal to the number of hours recorded by Talent in the time logs, multiplied by the Hourly Rate set by the Talent; (b) for a Fixed Price Contract, the fixed fee agreed between a Client and a Talent; and (c) any bonuses or other payments made by a Client for a Service Contract, all such amounts being inclusive of applicable taxes.
"Talent Services" means all services performed for or delivered to Clients by Talents.
"Hourly Rate Contract" means a Service Contract for which Client is charged based on the hourly rate set by the Talent.
"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
"Service Contract" means the contractual provisions between a Client and a Talent governing the Talent Services to be performed by a Talent for Client for an Engagement.
"Offline" Offline means the services provided by Bizcoot not in the online medium, or engagement between the three parties, Client, Talent, and Bizcoot in the real world.
"Site Services" means all services that are accessible through the Site.
"Work Product" means any tangible or intangible results or deliverables that Talent agrees to create for, or actually delivers to, Client as a result of performing the Talent Services on a particular Service Contract, including, but not limited to, configurations, computer programs, or other information, or customized hardware, and any intellectual property developed in connection therewith.
"User Content" means any data, feedback, content, text, video, music, or other information that you post to any part of the Site.
We reserve the right to change these terms of service from time to time without any notice thereof. Any updated versions of these terms of service will be posted on the Site. Please review it regularly. This privacy policy was last updated on Dec 1, 2015.