WORKYNET.COM TERMS AND CONDITIONS OF USE

Last updated: October 2, 2024

ARTICLE 1 - SCOPE AND ACCEPTANCE

1.1 These terms and conditions govern the use of the Workynet.com platform, owned and operated by Workynet LLC, a company registered under New Mexico laws.

1.2 Access to the platform, account creation, or use of services constitutes unconditional and irrevocable acceptance of these terms and conditions.

1.3 Workynet LLC reserves the right to modify these terms with 30 days' notice communicated by email to active users. In case of disagreement with the modifications, the user has 15 days to cancel their account.

ARTICLE 2 - DEFINITIONS

2.1 Platform: Workynet.com and all associated IT services, tools, applications, and interfaces
2.2 Client: Any individual or legal entity registered and requesting services through the Platform
2.3 Provider: Independent contractor, freelancer, self-employed individual, or company previously validated by Workynet and providing services to Clients
2.4 Services: Services, assignments, or projects performed by Providers on behalf of Clients
2.5 Credits: Prepaid account units, denominated in USD, allowing access to Services and Provider compensation
2.6 Payment Campaign: Monthly process of systematic payment to Providers for all validated services

ARTICLE 3 - NATURE OF SERVICES AND LEGAL RELATIONSHIP

3.1 Workynet LLC acts exclusively as a technical intermediary for connecting Clients and Providers, without directly providing the ordered services.

3.2 Workynet LLC is not the employer of Providers and establishes no subordinate relationship. Providers retain complete freedom in organizing their work.

3.3 Workynet LLC exercises no control over the methods, processes, schedules, or technical means used by Providers to execute services.

3.4 Workynet LLC does not provide detached workers and declines any qualification in this regard. Providers operate in their own name and are responsible for social security contributions or any other mandatory deductions.

ARTICLE 4 - PARTIES' OBLIGATIONS

4.1 Workynet commits to:

• Maintain technical availability of the Platform within IT standards limits

• Pre-verify legal existence, insurance, and declared competencies of Providers

• Organize and execute monthly payment campaigns according to established schedule

• Maintain a separate guarantee fund to cover proven Provider failures

• Ensure neutral and rapid mediation in case of dispute between Clients and Providers

4.2 The Client commits to:

• Provide clear, complete, and unambiguous functional and technical specifications for each assignment

• Pre-fund their account with prepaid credits before any service order

• Actively and in good faith collaborate with the designated coordination system

• Report in writing any difficulty, dispute, or problem within 48 business hours

• Respect intellectual property rights and applicable confidentiality conditions

• Verify suitability of offered services with their specific regulatory situation

4.3 The Provider commits to:

• Possess necessary material, software, and technical competencies for service execution

• Strictly respect agreed deadlines, specifications, and quality standards

• Maintain active professional liability insurance adapted to their activity

• Annually justify good fiscal, social, and regulatory situation

• Maintain diversified clientele with several active clients besides Workynet LLC

• Immediately inform Workynet LLC of any change affecting their ability to practice

ARTICLE 5 - OPERATIONAL COORDINATION

5.1 IT coordination, project management, communication, and monitoring tools are independently provided by Trustiatis LLC or any third party explicitly chosen and contracted by the Client.

5.2 Workynet LLC does not intervene at any time in operational coordination, technical monitoring, or management of relationships between Clients and Providers.

5.3 Workynet LLC declines all responsibility, without limitation, related to coordination, including defects, breakdowns, data loss, or technical problems of coordination tools.

ARTICLE 6 - CLIENT PROTECTIONS

6.1 Service Continuity Guarantee: In case of proven Provider failure (assignment abandonment, incapacity, repeated non-compliance), Workynet LLC commits to propose a replacement provider with equivalent competencies within 72 business hours, without additional costs.

6.2 Guarantee Fund: Workynet LLC maintains a guarantee fund fed by 2% of commissions, covering up to 50% of the service amount in case of contractually established Provider failure.

6.3 Quality Audit: Workynet LLC conducts random and systematic verifications of competencies, insurance, legal situation, and references of Providers, with immediate removal right in case of anomaly.

6.4 Mediation: Any claim is subject to written and contradictory mediation procedure initiated within 5 business days, with solution proposal within maximum 15 days.

ARTICLE 7 - FINANCIAL SYSTEM

7.1 Prepaid Credits

• Validity: 12 months from acquisition date

• Non-refundable, except mandatory legal obligation to the contrary

• Automatic forfeiture after 24 consecutive months of total non-use

• No interest, dividend, or financial advantage attached to credits

• Irreversible USD/credits conversion at acquisition day rate

7.2 Accepted Payment Methods

• Stripe (international credit/debit cards)

• PayPal (verified accounts)

• SWIFT/SEPA bank transfers according to origin

• Wise transfers to our designated accounts

• Mercury payments according to specific instructions

• Liability disclaimer: Workynet LLC declines all responsibility for malfunctions, fees, delays, limitations, or security problems of payment platforms

7.3 Fund Protection

• Client funds placed on separate accounts with Wise and Mercury

• Individualized and audited accounting for each Client

• Monthly payment campaigns closed on the 25th of each month for payment on the 30th

• Detailed justifications mandatory for any credit debit

7.4 Right of Withdrawal

• EU consumer clients: 14 calendar days withdrawal right without justification

• Professional clients: no withdrawal right, firm commitment

• Exercise by email recommended with acknowledgment of receipt

ARTICLE 8 - INTELLECTUAL PROPERTY AND DATA

8.1 Workynet LLC retains exclusive intellectual property on the Platform, its source code, design, trademarks, and databases.

8.2 Providers retain intellectual property on their methods, tools, processes, and know-how, not specifically developed for a Client.

8.3 Clients acquire full and complete intellectual property on deliverables, documents, and creations after complete and irrevocable payment.

8.4 Personal data processing strictly conforms to our Privacy Policy which prevails over any contradictory provision.

ARTICLE 9 - LIABILITIES AND GUARANTEES

9.1 Limitation of Workynet LLC Liability
Workynet LLC's liability is limited, in its entirety, to an obligation of means concerning exclusively:

• Initial selection and maintenance of Providers

• Minimal technical functioning of the Platform

• Effective implementation of provided contractual protections

9.2 Extended Liability Exclusion
Workynet LLC is NOT responsible, without any limitation:

• For defects, delays, non-conformities, or absence of Provider execution

• For technical, commercial, or personal disagreements, conflicts, or disputes between Parties

• For problems, breakdowns, errors, or failures of operational coordination

• FOR BODILY INJURIES, MORAL, MATERIAL, OR IMMATERIAL DAMAGES, HARASSMENT, DISCRIMINATION, OR ANY OTHER FORM OF DAMAGE CAUSED BY PROVIDERS

• FOR ACTS, NEGLIGENCE, IMPRUDENCE, INAPPROPRIATE BEHAVIORS, OFFENSES, OR INFRACTIONS COMMITTED BY PROVIDERS

• FOR DIRECT, INDIRECT, IMMEDIATE, DEFERRED, OR ACCESSORY CONSEQUENCES OF ACTIONS, OMISSIONS, OR BEHAVIORS OF PROVIDERS

• For technical, strategic, operational, or commercial choices of the Client

• For data, revenue, opportunity losses, or image damage

• FOR FRAUDULENT EMAILS, PHISHING ATTEMPTS, IDENTITY THEFT, FRAUDS, OR ANY OTHER MANIPULATION TECHNIQUE USED BY MALICIOUS THIRD PARTIES

• FOR FINANCIAL LOSSES RESULTING FROM HACKING, IDENTITY THEFT, OR FRAUDULENT MANEUVERS ATTRIBUTABLE TO THIRD PARTIES

9.3 Security and Vigilance
The User acknowledges being solely responsible for:

• Securing their identifiers and passwords

• Verifying authenticity of received communications

• Implementing security measures on their systems

• Immediate reporting of any fraud attempt
  Workynet LLC recommends using two-factor authentication and disclaims any responsibility in case of User negligence regarding security.

9.4 Liability Cap
The total, cumulative, and global liability of Workynet LLC, all generating facts combined, cannot in any case exceed the amount of commissions effectively received by Workynet LLC on the specific service that generated the dispute.

ARTICLE 10 - MISCELLANEOUS PROVISIONS

10.1 Force Majeure: Workynet LLC is not responsible for service interruptions due to unavoidable, unpredictable, and irresistible events (pandemics, wars, natural disasters, government blockades, major cyberattacks).

10.2 Disputes: Mandatory prior mediation of 30 days before any legal action. Exclusive competent court: Workynet LLC headquarters. Application of New Mexico law, except more favorable mandatory local law provision.

10.3 Partial Nullity: Invalidity of one clause does not affect validity of other provisions, the invalidated clause being replaced by an equivalent and legal clause.

10.4 Acceptance: The Client acknowledges having read, understood, and accepted all provisions after opportunity for legal consultation.

SPECIFIC ACCEPTANCE CLAUSE

"BY CHECKING 'I ACCEPT ALL CONDITIONS', I DECLARE UNDERSTANDING AND EXPRESSLY AND IRREVOCABLY ACCEPT THAT:

• WORKYNET IS IN NO CASE RESPONSIBLE FOR INJURIES, DAMAGES, HARASSMENT, INAPPROPRIATE ACTS, OR ANY OTHER DAMAGE CAUSED BY PROVIDERS

• PROVIDERS ARE INDEPENDENT CONTRACTORS, NOT CONTROLLED, DIRECTED, OR SUPERVISED BY WORKYNET

• I MUST SETTLE DIRECTLY WITH CONCERNED PROVIDERS ANY DISPUTE RELATING TO THEIR ACTIONS, BEHAVIORS, OR SERVICES

• I USE THE PLATFORM AT MY OWN RISK REGARDING BEHAVIORS, ACTIONS, AND SERVICES OF PROVIDERS

• I WAIVE ANY LIABILITY ACTION AGAINST WORKYNET RELATED TO PROVIDERS' ACTIONS

• WORKYNET IS NOT RESPONSIBLE FOR FRAUDULENT EMAILS, PHISHING ATTEMPTS, OR ANY OTHER FORM OF FRAUD ATTRIBUTABLE TO THIRD PARTIES

• I AM SOLELY RESPONSIBLE FOR SECURITY OF MY IDENTIFIERS AND VERIFICATION OF COMMUNICATIONS AUTHENTICITY"

CONTACT INFORMATION

Workynet LLC
Legal Department Email: legal@workynet.com
Technical Support: support@workynet.com
Legal Address: Workynet LLC | 8206 Louisiana Blvd NE, Ste B #10615 Albuquerque, NM 87113 | +1-505-520-3111

These terms and conditions prevail over any other contractual document, unless contrary written agreement expressly signed by both parties.