The following Terms of Service is a legally binding contractual agreement between you (“User, “you,” “your”) and Skillod.co (“Skillod.co,” “we,” “us”) (hereinafter collectively referred to as the “Terms of Service”). By visiting or using the services available from the domain and sub-domains of www.Skillod.co (the “Website”), you agree to be legally bound by these Terms of Service. We reserve the right to revise these Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided in such revision, the revised terms will take effect when they are posted.
1. OVERVIEW AND DEFINITIONS
Skillod.co is an online marketplace that enables clients of specialized skills (“Customers”) to search for, enter into and manage transactions with providers of specialized skills (“Experts” and, collectively with Customers, “Registered Users”). The Website contains features that enable Experts and Customers to do, among other things, the following:
Customers: Create profiles, post projects, search for Experts, communicate with Experts, negotiate with Experts, award projects to Experts, manage projects, leave feedback for Experts, and pay (offline) Experts.
Experts: Create profiles, advertise capabilities, submit quotes, negotiate with Customers, obtain project awards, invoice, obtain feedback from Customers, and receive payment (offline) from Customers.
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.
“Website” means the world wide web site operated by Skillod.co at http://www.Skillod.co or any replacement URL.
A. Eligibility. 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. 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) perform your obligations as specified by any Project Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service.
B. Registration. 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.
C. Accounts and Profiles.
General. There is no cost to register an account. Once you have registered with the Website as a Registered User, the Website will create your Account with Skillod.co 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 (your email address) 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 Skillod.co 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.
D. Membership. Skillod.co provides Registered Users several different membership options. The availability of these membership options is dependent upon (i) the Registered User’s status as a Customer or an Expert (ii) the selections made during registration, (iii) any subsequent upgrades or downgrades of membership options after registration.
Customers. Customers can demand for support from Experts on different services. Skillod.co will forward their demands to right Experts. If the Expert feels interested on the demand, s/he will quote for the project and it will be forwarded to the Customer. The the Customer has the right to hire/decline the offer from the Expert. All of the activities will be notified to the users via emails.
Experts. Experts can review Customers’ demands and submit quotes against those. If the Customer choose to hire the Expert s/he will be notified. All of the activities will be notified to the users via emails.
A. Customer and Expert.
1. Project Agreement. The engagement, contracting and management of a project are between a Customer and an Expert. Upon acceptance of a quote, the Customer agrees to purchase, and the Expert agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Customer and Expert including the Project Bid, Project Description, and other terms and conditions as communicated between Customer and Expert on the Website or otherwise, (b) these Terms of Service. You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service will be not entertained by Skillod.co. Customer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. Expert is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner. Customer and Expert each covenants and agrees to act with good faith and fair dealing in performance of the Project Agreement.
2. Independence. Customer and Expert each acknowledges and agrees that their relationship is that of independent contractors. The Expert shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or customer-expert relationship between Expert and Customer or between Skillod.co and any Customer or Expert.
B. Registered Users and Skillod.co
1. General. Skillod.co is not a party to the dealing, contracting and fulfillment of any Project between a Customer and an Expert. Skillod.co has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Experts to perform services, the ability of Customers to pay for services, or that a Customer or Expert can or will actually complete a Project. Skillod.co is not responsible for and will not control the manner in which an Expert operates and is not involved in the hiring, firing, discipline or working conditions of the Expert. All rights and obligations for the purchase and sale of services or other deliverables are solely between a Customer and an Expert. Skillod.co will not provide any Expert with any materials or tools to complete any Project. Customers and Experts must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
2. Third-Party Beneficiary of Project Agreement. Customer and Expert each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Customer and Expert therefore appoint Skillod.co as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, Skillod.co by these Terms of Service. Customers and Experts further agree that Skillod.co has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as Skillod.co in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
3. Agency. These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and Skillod.co, except and solely to the extent expressly stated.
4. Taxes. Registered Users are responsible for payment and reporting of any taxes. Skillod.co is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes.
4. SKILLOD.CO FEES
A. Membership Fee. Currently there is no membership fee.xperts can choose
B. We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by Skillod.co at any time, at the sole discretion of Skillod.co and upon reasonable notice posted in advance on the Website.
5. TERM; TERMINATION AND SUSPENSION
A. These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or Skillod.co as provided for under the terms of this section.
B. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) Skillod.co shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Skillod.co for any service and to any Expert for any services.
C. Any termination of an Account will automatically lead to the termination of all related profiles.
D. Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for Skillod.co or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
E. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
F. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
6. PRIVACY AND CONFIDENTIALITY.
7. INTELLECTUAL PROPERTY.
A. Skillod.co Content. Subject to the Terms of Service, the content available on this Website, including, but not limited to, the informational content; images; charts; graphs; graphics; designs; photographs; audio and video clips; software and HTML code (collectively, the “Content”) are the property of Skillod.co.
Nothing in this Terms of Service grants you a license to develop, create or offer any products or services based on any of the Content found on this Website. To the extent approved by the Company, you are authorized to use and download materials that are made available on this Website only for your own needs. You may not use, distribute, modify, transmit, or post any Content obtained from the use of this Website or any functions of this Website for public or commercial purposes, including any text, images, audio, or video without our express written permission. Specifically, you are not authorized to resell access to any such materials or to redistribute or facilitate the redistribution of any such materials for sale to others. You may not delete copyright, trademark or other intellectual property rights and proprietary notices from printouts of electronically accessed materials.
B. Registered User Content.
1. You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content”), (b) any posting or listing made in any public message area, through any email feature or through Skillod.co’s feedback feature (collectively, “Non-Multimedia Content”) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content”). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
2. You hereby assign to Skillod.co your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing Skillod.co products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
3. Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
4. We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
A. Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
1. to be fully responsible and liable for any action of any user who uses your Account.
2. not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
3. not to allow any third party who is not authorized to do so to use your Account at any time.
4. not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
5. not to intercept or expropriate any system, data or personal information from the Website.
6. not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
7. that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
8. that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
9. that they will not use the Website or its services to defraud or mislead any person or entity, including without limitation Skillod.co or any Register User.
10. that they will not use the Website to violate any law or regulation of the United States of America or any international law or treaty.
B. Warranty Disclaimer. THE SERVICES PROVIDED BY SKILLOD.CO OR OUR THIRD-PARTY SKILLED EXPERTS 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.
C. Links. The Website may contain links to third-party web sites not under the control or operation of Skillod.co. 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.
D. Data. 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 Skillod.co’s part to store, backup, retain, or grant access to any information or data for any period.
8. MISCELLANEOUS TERMS AND CONDITIONS
A. Compliance with Law. You are responsible for compliance with applicable laws of People’s Republic of Bangladesh.
B. Modification and Waiver. Skillod.co 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 Skillod.co. No delay or omission by Skillod.co 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.
C. Severability. 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.
D. Assignment or Transfer. 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 Skillod.co, and any attempt to do so will be null and void. Skillod.co may assign these Terms of Service in its sole discretion.
E. Headings and Labels. The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.
F. Integration. 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 Skillod.co 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.