workorbits Mobile Application is an internet application (“workorbits Mobile Application” or the “Application”) owned and operated by workorbits Technologies Pvt. Ltd. workorbits provides a service (the “Service”) that allows its customers (“Customers”) to access workorbits network of contractors (“Champs” or “you” or “Contractor”) to identify local providers to meet intermittent needs for services.
The Champs have access to the Application to receive and review requests for services from Customers and to determine their interest in and availability to respond to such requests.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE COVERED DISPUTES, RATHER THAN JUDGE OR JURY TRIALS.
This Terms of Use Independent Contractor Services Agreement (“Terms of Use” or “Agreement”) is an electronic contract that sets out the legally binding terms of the relationship between workorbits and you.
By registering to become a Champ, you accept and agree to be bound by the terms of this Agreement. Please read it carefully. By accessing the Application, or becoming a Champ, you accept this Agreement and agree to the terms, conditions and notices contained and/or referenced herein.
workorbits reserves the right to change this Agreement, and add additional terms at any time, effective upon making the modified provisions available on the Application or by notifying Champs directly. You are responsible for regularly reviewing the Terms of Use for modifications and updates to its terms; continued use of the Application after any such changes are made to this Agreement shall constitute your consent to such changes.
Other than making the changes available on the Application, workorbits does not assume any obligation to notify Champs of any changes to this Agreement, or the creation or modification of any additional term.
You acknowledge that you are able to electronically receive, download, and print this Agreement, any other terms, notices, forms and any other notices [documents?] required by, or incorporated into, this Agreement by reference, any amendments to this Agreement, or any other items required by regulation or law. Further, you agree to keep the contact information in your Account current at all times including, but not limited to, your email address, physical address, and phone number.
Use of the Application is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, you must be at least 18 years old [or the age of legal majority in the jurisdiction in which you work and legally authorized to work in India to become a Champ. If you do not meet these criteria, you may not register to become a Champ.
As part of your initial registration with workorbits, you agree to immediately execute a written consent for a background check. Subject to a satisfactory background check and agreement to the terms herein, you will be eligible to use the workorbits Mobile Application to view and accept Job Requests. You further agree to complete any on-going background checks as may be required by workorbits or a Customer. Failure to complete the initial or on-going background check processes may result in an inability to accept Job Requests and/or removal from the workorbits Platform. Please note that in order to run your background check, workorbits will ask for your Adhaar Card number during the onboarding process. We may also share your Adhaar Card number with our payment vendors in order to verify your payment account to ensure the safety of your account.
By registering to become a Champ and accepting a Job Request, you agree to use your best efforts to perform the workorbits Engagement such that the Services meet the requirements and specifications of the Customer, for whom the Job Request was created.
Once a Champ has accepted a Job Request & froze the Job request, the Job Request will no longer be available for performance by other Champs who received the Open Request.
By accepting an Open Request, you are entering into a binding legal agreement to provide the Services for the Payment specified in the Open Request. Do not accept an Open Request unless you are sure that:
Failure to timely deliver the Services consistent with the Customer’s requirements and specifications will constitute a breach, which might result in non-payment. Further, in the event of such a breach, you will be responsible for payment of any additional fees (e.g., rush fees) or costs incurred as a result of your failure to timely complete the Job Request in accordance with the Customer requirements.
Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between workorbits and you or between the Customer and you. You will take no position with respect to or on any tax return or application for benefits or in any proceeding directly or indirectly involving workorbits that is inconsistent with your being an independent contractor (and not an employee) of workorbits.
You are not the agent of workorbits or the Customer and you are not authorized, and must not represent to any third party that you are authorized, to make any commitment or otherwise act on behalf of workorbits or the Customer.
As an independent contractor, you are solely responsible for determining which Job Requests you will choose to accept and how, when and where you will provide the Services under this Agreement.
workorbits does not restrict the Champ’s right to provide services through other parties, including competitors of the workorbits Mobile Application; workorbits expects the individual performing services as a Champ will provide services for other parties;
A Champ acknowledges and represents Champ can earn income from other sources; workorbits does not guarantee the Champ any minimum amount of workorbits Engagements;
workorbits does not pay a salary or hourly rate but rather facilitates Requestor’s payment of the rate set by the Requestor;
workorbits does not terminate the work during the term of this Agreement unless the Champ violates the terms of this Agreement or fails to produce a result that meets the specifications of the Agreement;
workorbits does not provide training, tools, equipment, benefits, or expense reimbursement to the Champs; however sometimes Customers do provide food and travelling expenses and in that scenario it will be done by Customers and not workorbits;
workorbits does not dictate the time of performance; Champ acknowledges that workorbits is not controlling the manner or method of accomplishing the result of the Services.
All Services contracted for under this Agreement must be completed prior to the Job Completion Date.
In the course of performing Services, you may be given access to information (oral, written, electronic, or other) that relates to workorbits, its Customers, or their respective businesses, employees, contractors, or agents (the “Confidential Information”). You agree that for Confidential Information received during the performance of Services, you will hold such information in strict confidence and will not disclose such information to any third party except as may be required by law or in a judicial or other governmental investigation or proceeding. This confidentiality provision shall survive the expiration or termination of this Agreement.
Confidential Information does not include:
You agree to indemnify, defend, and hold harmless workorbits, its officers, directors, employees, agents, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys’ fees) arising from or relating to:
This Agreement is effective as of the date you electronically accept it and will continue until terminated as set forth herein. Either party may terminate this Agreement:
Upon termination of this Agreement, all rights and obligations will immediately cease except that:
This Agreement and any disputes arising out of or related to it will be governed by the laws of India, without giving effect to its conflict of laws provisions. Any legal action or proceeding arising under this Agreement will be brought exclusively in the courts located in India, and the parties irrevocably consent to the personal jurisdiction and venue there.
This Agreement constitutes the entire agreement between you and workorbits with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain in full force and effect and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
No waiver of any provision or right under this Agreement will be effective unless in writing and signed by you and workorbits. The failure to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.
All notices under this Agreement must be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; or upon receipt, if sent by certified or registered mail, return receipt requested, postage prepaid.
You may not assign or transfer this Agreement, by operation of law or otherwise, without workorbits’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null. workorbits may freely assign or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.