Workdun.com is an online marketplace that enables buyers of professional services (“Employers”) to search for, enter into and manage transactions with providers of professional services (“Freelancers” and, collectively with Employers, “Registered Users”). The Website contains features that enable Freelancers and Employers to do, among other things, the following:
MJob: A term used for a post of a job by a user.
Employers: Post MJob, search for Freelancers, communicate with Freelancers, negotiate with Freelancers, award MJob to Freelancers, manage MJob, leave feedback for Freelancers, and pay Freelancers.
Freelancers: Create profiles, advertise capabilities, submit Quotes, negotiate with Employers, obtain MJob awards, invoice, obtain feedback from Employers, and receive payment from Employers, Claim MJob.
We also provide registered users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms of Service have the following meanings:
Account: means the account created by the Website upon registration.
Assumed Payment Liabilities: shall mean that portion of a Freelancer’s total service charges for a MJob which Workdun.com agrees to assume in consideration of the Service Charges.
Arbitration Service: means the service described in Section 6.
Employer’s Acceptance of Services: shall mean: (i) with respect to an Invoice, a transfer of funds by Employer to Workdun.com in respect of such Invoice or (ii) with respect to the SafePay Service, the earlier to occur of the following: (a) Employer and the Freelancer agree as to the rightful recipient of the funds or (b) Employer and Freelancer have concluded the process comprising the Arbitration Service.
Workdun Billing and Payment Services: means, collectively, the Workdun Invoice Service and the SafePay Service.
Workdun Invoice Service: means the service described in Section 5(A).
SafePay Service: means the service described in Section 5(B).
Service Charges: means, as applicable, the MJob, Handling, Withdraw, and Arbitration Service Fees.
Services: means, collectively, the Workdun Billing and Payment Service, the Arbitration Service and the 1099 Service.
Claim: means claiming another job as your own.
Website: means the world wide web site operated by Workdun.com at https://www.workdun.com or any replacement URL.
To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. Failure to abide by this will be a termination of the users account with all the monetary balance being transferred to the workdun.com admin account at that point of time. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) Abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) Be financially responsible for your use of the Website and the purchase or delivery of services; and (3) Perform your obligations as specified by any MJob Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. Workdun.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
General. Once you have registered with the Website as a Registered User, the Website will create your Account with Workdun.com and associate it with an account number. You may create a profile under your Account, in accordance with Section 2(D). Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize Workdun.com 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.
Workdun.com provides Registered Users several different membership options. The availability of these membership options is dependent upon (i) the Registered User’s status as an Employer or a Freelancer (ii) the selections made during registration, (iii) any subsequent upgrades or downgrades of membership options after registration.
Employers: All Employers have the membership benefit. Note, membership benefits may change at the sole discretion of Workdun.com.
Freelancers: Freelancers can choose from different membership options. The differences between these options are listed here.
Freelancers can choose various membership programs to subscribe to different levels of participation on the Website, as detailed here.
Workdun.com deducts one or more of the following fees, as applicable, from payments made by Employers to Freelancers using the Workdun Billing and Payment Services:
(C) We reserve the right to change any fees associated with Workdun.com at any time, at the sole discretion of Workdun.com. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
The Workdun Invoice Service enables Freelancers to issue invoices and enables Employers to make payments for services.
The SafePay Service enables Employers to transfer certain payment responsibilities to Workdun.com.
Workdun.com offers the Arbitration Service to those Registered Users that have funds in SafePay and requested Workdun.com to assume all or a portion of the payment liability for services and who are engaged in a dispute over a MJob that is (i) Pursuant to a MJob posting by an Employer through the Website, (ii) Pursuant to a Quote for by a Freelancer through the Website for such MJob posting and (iii) Pursuant to an acceptance through the Website by the Employer for such Quote. Employer and Freelancer agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 6.
You agree and acknowledge that (i) Workdun.com will use the e-mail address corresponding with your Account registered at the time Arbitration is opened to notify and communicate with you with regard the Arbitration and (ii) you are solely responsible for the receipt of any notification or communication sent by Workdun.com using the e-mail address corresponding with your Account registered at the time Arbitration is opened.
You agree and acknowledge that (i) Workdun.com is not providing legal services to you, (ii) Workdun.com will not advise you regarding any legal matters and (iii) if you desire to have legal counsel, you will seek independent legal counsel licensed to practice law in your jurisdiction and not rely on Workdun.com for any such counsel. You agree to indemnify and hold harmless Workdun.com and any of our affiliates against any damages or liability you may suffer as a result of using the Arbitration Service. If you do not agree to use this Arbitration Service under these terms, you should not request Workdun.com to assume the Assumed Payment Liabilities.
Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the Workdun.com. It is your responsibility to review the Workdun.com IP Policy, which is incorporated by reference, and we suggest that you review the IP Policy and print a copy for yourself. The IP Policy is posted on the Website and may be updated from time to time.
All Registered Users represent, warrant, and agree:
THE SERVICES PROVIDED BY WORKDUN.COM OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you have a dispute with another Registered User, you release Workdun.com (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 such dispute.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE Â§1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, hold harmless and indemnify Workdun.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by Workdun.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Workdun.com: (1) in connection with your use of the Services including any payment obligations incurred through use of the Workdun Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Freelancer; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Freelancer. Any such indemnification shall be conditioned on our: (i) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with you in the defense or settlement thereof; and (iii) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
The Website may contain links to third-party web sites not under the control or operation of Workdun.com. 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. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on Workdun.com’s part to store, backup, retain, or grant access to any information or data for any period.
You are responsible for compliance with applicable Indian Laws and international 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.
Workdun.com will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Workdun.com. No delay or omission by Workdun.com 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.
If any part of these Terms of Service 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.
You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of Workdun.com, and any attempt to do so will be null and void. Workdun.com may assign these Terms of Service in its sole discretion.
Any legal noticed issued to Workdu.com or its owners must be handed over directly and only in the State of Karnataka, India shall it be valid. Please feel free to contact Workdun.com to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at [email protected].
Except for the payment of fees to Workdun.com, neither of the parties to these Terms of Service shall 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 shall be extended by the period of such delay.
All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address
The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.
These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and Workdun.com with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.
Termination and Omission of this Terms and Conditions can be done at any point and it shall still be valid against time.
Welcome to WorkDun!
WorkDun is India's first Zero Commission Freelance Marketplace. If you have amazing skills, we have a platform for you to grow your business. WorkDun has opportunities for all types of fun. Let's turn your little hobby into Big Bucks!