Code of Conduct
This Code of Conduct (hereinafter called “Policy”) is part of and incorporates by reference all terms, conditions, rules, policies, and guidelines on the Site, including the Terms of Service (“Terms of Service”). This Policy is effective December 1st, 2023. Your use of the Site after the effective date signifies your acceptance and agreement to the terms of this Policy as well as the other Laws of India. To the extent permitted by applicable law, we reserve the right to modify this Policy without prior notice to you, and any revisions to this Policy will take effect when posted on the Site unless otherwise stated. Please check the Site often for updates. Capitalized terms not defined in this Policy are defined in the User Agreement, elsewhere in the Terms of Service, or have the meanings given such terms on the Site.
The Code is supported by other corporate-level policies, which are available on Workafy Site.You may also be subject to additional regional and/or departmental policies. However, this Code and the policies cannot answer every question or address every possible business situation. Therefore, you are expected to use good judgment and seek guidance when you have questions about the appropriate course of action.
1. Communication
By agreeing to this code of conduct you agree that you to log onto the Site to manage all Jobs and to use the Workrooms to maintain an electronic record of all written communication including clarifications and agreements around scope, deliverables, milestones, timeframes, price, feedback on deliverables, requests for revisions, acceptance of deliverables and completion of milestones. You must transcribe into the Workroom all relevant emails, instant messages, telephone or in-person conversations between Client and Freelancer to maintain a record. If there is a dispute, all written communication on the Site, including Job posting, proposals, usage of the Job Terms and Change Order features, messages, and any communications transcribed to the Workroom will serve as the record for resolution of the dispute. A COMMUNICATION THAT IS NOT SAVED IN OR COPIED TO THE WORKROOM CANNOT BE SUBMITTED AS EVIDENCE IN THE APPLICABLE DISPUTE RESOLUTION PROCESS AFTER A DISPUTE IS REPORTED.
Workafy has endeavored to provide a designated space in the Freelancer Account profile to enter email address, telephone number and instant message IDs. Freelancers must not enter contact information or solicit private communications in public messages, in Job descriptions, or sections of their Account profile outside of the designated Contact Information fields.
2. Posting Information and Content
By agreeing to this Agreement, you agree to provide true, correct, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting a request for Freelancer Services, providing a proposal for a posted Job, posting your profile and providing feedback). You further agree to update such information regularly or whenever change is required. You further agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Clients, Freelancers, Workafy or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Clients, Freelancers, Workafy, or other third-parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Site. Under Indian law (specifically, Indian Evidence Act, Indian Trademarks Act, Civil Procedure Code and the Criminal Procedure Code), Workafy is not legally responsible for any remarks, information or other content posted or made available on the Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. Workafy is not responsible for and does not monitor or censor content for accuracy or reliability. Workafy reserves the right to remove or restrict access to any information, content or Job posted or made available on the Site in our sole discretion, or if ordered to do so by a court, or if Workafy considers such information or content to be in violation of the Terms of Service.
3. Exclusivity
You acknowledge and agree that, pursuant to and for the reasons stated in the User Agreement, for 24 months from the time you identify or are identified by any party through the Site, you must use the Site as your exclusive method to request, make and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party. You may opt-out of this obligation only if the prospective Client pays Workafy an “Opt-Out Fee” as detailed in the User Agreement in this Section titled “Exclusivity”.
4. Thumbnail Images and Profiles
You may post a thumbnail image on the Site to accompany your Account profile. All thumbnails must follow these common guidelines:
You must own the image, or have a license to use, copy, and sublicense the image.
The image must be professional.
Please upload .jpg, .jpeg, or .gif files (40x50 pixels). Animated .gif files are not allowed.
The thumbnail may be left blank.
If you are an individual Member, then in addition to the common guidelines above, your thumbnail image also must follow these guidelines:
The image must be a portrait that is a truthful representation or you (i.e. no stock photos, fakes, or logos).
An avatar of reasonable likeness is acceptable.
Group photos are not acceptable. Please remove other individuals from the photo.
Very small images are not acceptable. You must be identifiable in the image.
If you are a company Member, then in addition to the common guidelines above, your thumbnail image also must follow these guidelines:
The image may be a logo, a portrait of you or your company, or a relevant piece of your work.
If the image is a portrait, it must be a truthful representation (i.e. no stock photos or fakes).
5. Portfolio Images
You may post images on the Site to accompany your portfolio. All portfolio images must follow these common guidelines:
You must own the image, or have a license to use, copy, and sublicense the image.
Animated .gif images are not allowed.
Each sample in your portfolio must be unique (you are not permitted to have two of the same exact file/image)
Image files (.jpg, .jpeg, .gif, .png, etc.) must be images of your works of authorship, not images of other promotional materials such as your resume or company marketing materials
The image should be a fair and accurate representation of your work.
We retain the right to remove a portfolio image for any reason, even if not listed above.
6. Prohibited Site Activities
You agree NOT to do any of the following on the Site:
o Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than your own User Content) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of Workafy and the appropriate third party, as applicable.
o Post false or misleading information about a product, service or service request.
o Post logos, seals or slogans from third parties on the Site unless such material is provided by Workafy or a third-party designated by Workafy, or you have received express written permission from Workafy to display such third-party logo, seal or slogan.
o Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.
o Post or transmit unprofessional or offensive comments about a User, Member, Freelancer, Client, Workafy, or any third party.
o Suggest or solicit another User to contact you directly in order to buy or sell services outside of Workafy.
o Tamper with postings of other Users, Members or Workafy.
o Solicit or gather any User’s or Member’s information available from the Site, such as other usernames and email addresses, for any purpose other than to use the Site Services in accordance with the Terms of Service.
o Impersonate or misrepresent your affiliation with any person or entity.
o Require or request that a Freelancer deliver a free mock-up or proof of concept as part of a proposal submission or as a condition to consideration of a proposal.
o Repeat any action after you receive warning or request to desist from Workafy, whether or not that action is explicitly prohibited in the policies stated on the Site.
o Fail to respond to an email from Workafy regarding violation, dispute or complaint within two Business Days.
o Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site, or if you do not have authority to accept the User Agreement on behalf of a Member for whom you using the Site.
o Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).
o Select a Client or hire a Freelancer on the basis of religion, sex or race.
o Voiolate a request by Workafy to not post Jobs deemed by Workafy in our sole discretion to be contrary to the interests of the Site or the Workafy User community.
o Use ethnic slurs, personal insults, obscenity, or engage in any conduct that would not be acceptable in Workafy. You should also show proper consideration for others privacy and for topics that may be considered objectionable or inflammatory (like religion or politics). If you are in a virtual, or use video to communicate please dress and behave accordingly.
7. Rating and Feedback System
Workafy encourages you to leave objective balanced feedback about Users with whom you have transacted. You acknowledge and agree that the Site contains public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that Workafy may calculate a composite feedback number based on these individual ratings. Freelancers agree to be rated by Clients along several criteria, as determined by Workafy. Workafy provides its feedback and rating system as a means through which Users can express their opinions publicly, and Workafy does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to Workafy’s attention. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. By law, Workafy is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable.
You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
Leaving feedback for yourself, using a different username or another Member’s username.
Leaving fake or inaccurate feedback for another User or Member.
Soliciting other Members to leave fake or inaccurate feedback.
Threatening to leave negative feedback to induce another User or Member to perform a task not required by the Member Contract.
Withholding deliverables or funds required by the Member Contract to induce another User or Member to leave positive feedback or no feedback.
Feedback solicitation such as offering to sell or buy services in exchange for good feedback, trading feedback undeservedly or buying feedback.
In order to protect the integrity of the feedback system and protect Users from abuse, Workafy may investigate and has the right (but is under no obligation) to remove posted feedback or information under the following scenarios:
It seeks to elicit or solicit any User’s contact information, such as other Users’ email addresses, for any non- Site related commercial or business purposes or to transmit any unsolicited advertising such as “junk mail,” “spam,” or “chain letters.”
It contains language that is profane, vulgar, racist or otherwise discriminatory, hate speech, or contains adult material. Insulting or inflammatory feedback is strongly discouraged but might not be removed absent other factors.
It is shown to have been left by any User who is in violation of the Terms of Service or by or for a User who has conducted any fraudulent transaction.
It is not directly related to transactions conducted through the Site.
It makes any reference to actions taken or purported to be taken by Workafy or any law enforcement organization.
Workafy is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the feedback or information posted is slanderous, libelous, defamatory or otherwise illegal.
The User who posted the feedback or information provided Workafy with false contact information (as verified by Workafy) and cannot be contacted by Workafy.
The User who posted the feedback or information is using the Site with the intent of leaving feedback as part of a campaign to harass Users or Members (to Workafy’s belief or judgment).
The User who posted the feedback or information informs Workafy that it was intended for another User and posts the feedback or information for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact Customer Support to file a feedback review request.
8. COMPLIANCE WITH LAWS, REGULATIONS, AND BUSINESS CONDUCT PRACTICES PREVALENT IN INDIA
Compliance means not only observing the law of the Land, but also conducting your work on Workafy in a way that recognizes your ethical responsibilities and fulfills them. Where local laws are less restrictive than this Code, you must comply with the Code, even if your conduct would otherwise be legal. On the other hand, if local laws are more restrictive than the Code, you must always, at a minimum, comply with those laws. Workafy maintains open and frank business dealings with all Clients and Freelancers and strives to develop mutually advantageous relationships for both the Parties. Workafy expects you to adhere to high ethical standards and to avoid engaging in any activity that involves even the appearance of impropriety.
9. DISPUTE RESOLUTION AND JURISDICTION
Any dispute related to formation, interpretation and performance of this Policy will be solved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is agreed by the Parties. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.
- Mediation: If there would be any dispute between the parties, the Parties will attempt to resolve the dispute amongst themselves, with the mutual satisfaction of both Parties. If the Parties are unable to resolve the dispute between themselves within the period of thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration: If the Parties are unable to resolve the dispute between them through Mediation, then it will be transferred forward to the Arbitration by a sole arbitrator to be appointed by Workafy. The Arbitration proceedings shall be initiated in consonance with the provisions of the Arbitration and Conciliation (Amendment) Act, 2015. The order passed by the sole arbitrator will be valid and binding on both Parties. The costs of proceedings will be borne by both the Parties, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of New Delhi, India. The Terms, Policy and any other agreements between the Parties are governed by the laws, rules and regulations of India and it is agreed by the Parties.
10.Non-discrimination-
All other factors being equal, Directors and employees shall not discriminate on the basis of race, religion, colour, creed, sex, disability or marital status. Any form of sexual harassment is prohibited. Complaints of sexual harassment will be investigated and action taken against offending person. In case of any complaints with regard to discrimination in any form, intimation may be provided at ______.
11. Contacting Us
If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact Customer Support as follows:
Web Support:http://www.workafy.com/help Email: support@workafy.com
12. ENFORCEMENT
The instant Code of Conduct places you and Workafy in the forefront with those corporations throughout the world that emphasize the importance of honest business conduct and solid business ethics. Our standards can be met only with your cooperation. Workafy trusts that you will recognize that you must adhere to the standards of this Code. Any violation of this Code will constitute the basis for the immediate termination of your agreements with Workafy and the cancellation of any pending fees payable to you, pursuant to applicable laws and without any liability.