Term of service
Terms of Use: Detailed information on what is and isn't allowed on the platform.
User Agreement: Basic rules and guidelines for using the platform.
Service Contract Terms: Terms that govern the agreement between a service provider and a client.
Escrow Instructions: Guidelines for how payments are held and released.
Payment Agreement: Terms related to payment structures, fees, and related matters.
Cookie Policy: Information on the use of cookies on the platform.
API Terms of Use: Rules for using any APIs that Chak may offer.
Membership Policy: Guidelines and rules for different types of memberships, if applicable.
Fee and Authorization Agreement: Additional terms related to fees and authorizations for ACH or other payment methods.
Proprietary Rights & IP Policy: Rules regarding the use of Chak's intellectual property.
Data Processing Agreement: Terms related to how Chak processes data, especially relevant for GDPR compliance or similar regulations.
Nondiscrimination Statement: A statement affirming the platform's commitment to nondiscrimination and equal opportunity.
Additional Policies: Any other policies or terms that are specific to the services Chak provides, such as Direct Contract terms, Any Hire terms, etc.
Terms of Use
Introduction
Welcome to Chak's platform! These Terms of Use (“Terms”) are a legal agreement between you and Chak. By accessing or using our platform and services, you signify your agreement to these Terms.
Your Conduct on Chak
Whether you're a registered user or just browsing, we have some expectations about how you behave on Chak. By accessing our platform, you're committing to abide by these guidelines. So, please review them attentively.
1. Using Our Services
1.1 Limited License for Access
You are granted a limited license to access and use our services, provided you comply with these Terms and any other policies we have in place.
1.2 Service Interruptions
We aim to offer uninterrupted service but cannot guarantee that our services will always be available. We reserve the right to interrupt or discontinue any or all of the functionalities of our platform without notice.
1.3 Intellectual Property
All logos, trademarks, and content on our platform are the property of Chak or its licensors. Unauthorized use of these materials is prohibited.
2. Content on Chak
2.1 Your Responsibility
You are solely responsible for the content you post. Should your content result in any legal action against us, you agree to indemnify us for all related costs and legal fees.
2.2 Rights Granted to Content
By posting content, you grant us and our affiliates a non-exclusive, irrevocable, worldwide license to use, modify, and distribute that content. Other users may also access and use your content, provided they comply with these Terms and applicable laws.
2.3 Open to Your Ideas
We welcome your suggestions for improving Chak. By sharing your ideas, you agree that we may use them without any obligation to compensate you.
2.4 Third-Party Content
Chak is not responsible for the accuracy or reliability of content posted by third parties, unless explicitly stated otherwise.
2.5 Copyright Concerns
If you believe that content on our platform infringes upon your copyright, please reach out to us for removal procedures.
3. Permitted Uses on Chak
3.1 Business-Only Platform
Chak is designed for professional collaborations and transactions, not for personal use.
3.2 Networking
Connect with potential clients or collaborators to grow your career.
3.3 Educational Content
Access blogs and tutorials for industry insights, but remember they aren't professional advice.
3.4 No Guarantees
We strive for accuracy but can't guarantee the reliability of our content. Double-check before taking action.
4.Restrictions on Use of Chak Services
Your use of our platform comes with certain restrictions to ensure a positive experience for all users. Specifically:
4.1 Unacceptable Content
Illegal or Harmful Material: Do not post or share anything that breaks the law or could harm someone.
Discrimination: No content should discriminate against any group of people.
Explicit Content: Adult or sexually explicit content is not allowed.
Intellectual Property: Don’t post content that you don't own or have the right to use.
Academic Dishonesty: Do not offer or request academic cheating services.
Misinformation: Don't post or share fake news or content intended to deceive.
4.2 Misleading Conduct
Identity: Always be yourself. Don't impersonate others.
Qualifications: Be truthful about your skills and experiences.
Third-Party Tools: Don't use software to artificially enhance your proposals or work.
4.3 Fair Treatment
Inclusive Hiring: Don't include preferences in job postings that could be viewed as discriminatory.
Privacy: Never post someone else’s personal information.
Spamming: Don't bombard users with unsolicited proposals or messages.
Unpaid Work: Do not request free work as part of a job proposal.
4.4 Feedback Guidelines
Transparency: Give honest feedback without coercion.
Value Exchange: Don't offer gifts or money in exchange for better feedback.
4.5 Other Prohibited Uses
Account Security: One person, one account. Don't share or sell your Chak account.
Direct Contact: Do not bypass Chak to make deals or share contact details until a contract is formed.
Advertisements: Don't use Chak to promote other services without permission.
Technology Abuse: Don't try to hack, scrape, or disrupt our services in any way.
4.6 Questions?
If you're unsure about what's allowed and what's not, feel free to contact us for clarification.
5. Enforcement and Compliance
5.1 Monitoring and Enforcement
We may monitor activity on our platform and take action against violations, up to and including account termination.
5.2 Reporting Violations
Report any violations of these Terms to our customer support team for investigation.
6. Definitions for Chak's Terms of Use
Here, we break down some of the jargon used throughout our Terms of Use. If you come across italicized words, you can refer back to this section for their meanings.
6.1 Affiliate
An Affiliate refers to any individual, company, or entity that is in some way connected to Chak, whether through shared management, ownership, or control.
6.2 Client
A Client is a user who comes to Chak seeking services from another user, often referred to as a Freelancer.
6.3 Freelancer
A Freelancer is a user offering their services on Chak, whether as an individual or as part of an agency.
6.4 Freelancer Services
Freelancer Services encompass all the tasks or projects that a Freelancer agrees to perform for a Client on Chak.
6.5 Direct Contact Information
Direct Contact Information is any data that enables someone to get in touch with you outside of Chak. This can include phone numbers, email addresses, social media profiles, and websites that provide ways to contact you.
6.6 Chak Services
Chak Services include all the functionalities, features, and products you can access through our platform, excluding services offered by Freelancers.
6.7 Content
Content is any form of information you upload or post on Chak. This can include text, images, videos, profiles, and comments. It also includes data generated through AI or other tools, provided it is shared by you.
User Agreement
Introduction
This User Agreement ("Agreement") outlines crucial details about your legal rights, remedies, and obligations. By using Chak's platform and services ("Services"), you ("User") enter into a legally binding agreement with Chak ("we," "us," or "Chak").
Acceptance of Terms
By accessing or using any part of Chak's platform or services, including our website and mobile applications, and by clicking 'Accept' when prompted, you agree to be bound by this Agreement and all other terms which make up Chak's Terms of Service. This includes our Fee Policy, Privacy Policy, and Terms of Use, among others.
If you don't understand or agree with these terms, do not use our Services. Don't click 'Accept,' don't sign up, and don't interact with our platform in any way.
Arbitration and Dispute Resolution
This Agreement includes an arbitration clause and a waiver of class action rights for claims brought against Chak. You have the option to opt out of arbitration as outlined in the corresponding section of this Agreement.
Special Terms and Definitions
To make this Agreement easier to read, certain terms are capitalized. These terms are either defined here in this Agreement or elsewhere in our Terms of Service. Look for terms in quotation marks and bold font for their special meanings.
Additional Services
If you use Chak's Direct Contract Service, additional terms such as the Direct Contract Terms and Escow Instructions will apply. Similarly, if you use our Any Hire Services, the Any Hire Terms and Any Hire Instructions will apply.
By using our Services, you promise not to violate any of the terms in the complete Terms of Service package. You should read all of our terms carefully before using Chak's Services.
1. ACCOUNTS
Guidelines on how to register for a Chak account and the distinct categories of accounts available.
1.1 REGISTRATION
To fully engage with our services, you must create an account. Chak reserves the right to approve or decline any registration for valid reasons.
To use specific features of our platform, you need to sign up for an account ("Account"). Your registration is contingent upon Chak's approval. We have the right to decline any application for any lawful reason.
1.2 ACCOUNT ELIGIBILITY
Your account is for business use only and you confirm your ability to enter into this Agreement.
Chak is a business-oriented platform. By registering, you affirm that you meet all eligibility criteria for creating an account, such as being at least 18 years old and being able to form legally binding contracts.
1.3 ACCOUNT PROFILE
You are obligated to provide correct and current personal details during sign-up. Inaccurate or misleading information may result in suspension or termination.
When signing up, you need to fill out a profile. This profile must accurately represent your identity, skills, and services. Any false or outdated information may lead to suspension or termination of your Account.
1.4 ACCOUNT TYPES
We offer three types of accounts: Client, Freelancer, and Agency. One account can encompass multiple types. Chak provides different account types to cater to your specific needs. Whether you are a client looking for services or a freelancer offering them, you can add multiple types to a single account.
1.4.1 CLIENT ACCOUNT : This type of account allows you to seek services from other users. You can grant permission to other registered users to act on behalf of your client account.
1.4.2 FREELANCER AND AGENCY ACCOUNT : Freelancers offer services, while agencies can have multiple freelancers under one umbrella account. Agency accounts can add multiple team members who are allowed to act on behalf of the agency.
1.5 ACCOUNT PERMISSIONS
You hold responsibility for all activities under your account. You can delegate permissions to other users, but the ultimate accountability lies with you.
When you give other users permission to act under your account, you are responsible for their actions. Any violation by them could affect your access to our services.
1.6 IDENTITY AND LOCATION VERIFICATION
We may require you to verify your identity, location, and affiliations at any time.
To maintain a trustworthy platform, we may need to verify your identity and other information. During this time, some account features may be restricted.
1.7 USERNAMES AND PASSWORDS
Keep your login credentials confidential. Sharing them can lead to unauthorized activity for which you will be held responsible.
Your username and password are your responsibility. If you believe they have been compromised, notify us immediately to prevent unauthorized access.
2. PURPOSE OF Chak
An overview of what Chak provides and your obligations while using our platform.
2.1 RELATIONSHIP WITH Chak
Chak serves as an online marketplace for clients and freelancers to connect, collaborate, and conduct business. However, we are not directly involved in service negotiations or delivery.
We facilitate the connection between clients and freelancers and provide tools to manage projects and payments. However, Chak does not oversee the actual work or assume liability for any service contracts formed between users. All responsibilities concerning the vetting and performance of contracts lie with you.
2.2 TAXES AND BENEFITS
Freelancers are solely responsible for managing their taxes, insurance, and legal compliance. You must handle all your tax obligations, insurance needs, and compliance with relevant laws. Chak does not withhold taxes or offer any form of insurance coverage.
2.3 MARKETPLACE FEEDBACK AND USER CONTENT
Users can post feedback and content, and Chak is not responsible for the accuracy or legality of such content.
We allow users to provide feedback and other content, but we do not verify or endorse any user-generated content. If you choose to rely on user feedback or information, you do so at your own risk.
3. CONTRACTUAL RELATIONSHIP BETWEEN CLIENT AND FREELANCER
3.1 SERVICE CONTRACTS AND DIRECT CONTRACTS
Chak facilitates connections but is not a party to any contracts between Clients and Freelancers.
When a Client and a Freelancer agree to work together, they form a Service Contract. This contract is a direct relationship between the Client and Freelancer. Chak is not involved in this contractual relationship and bears no responsibility for the execution or quality of work.
3.2 DISPUTES AMONG USERS
In case of disputes, follow the guidelines provided by Chak.
For any disagreements between Clients and Freelancers, you agree to follow the dispute resolution process specified in the Escrow Instructions related to your Service Contract. If the dispute isn't resolved through this process, you are free to seek alternative avenues for resolution. However, Chak is not obliged to provide further assistance in this matter.
3.3 CONFIDENTIAL INFORMATION
Confidentiality is a mutual obligation unless otherwise agreed upon.
Users can decide on the confidentiality terms suitable for them. Failing that, both parties are expected to maintain the confidentiality of any shared information. This applies even during the evaluation phase before a Service Contract is agreed upon.
4. WORKER CLASSIFICATION AND PAYROLL
4.1 WORKER CLASSIFICATION
Clients are responsible for classifying Freelancers as employees or contractors.
It is the Client's sole responsibility to correctly classify Freelancers as either employees or independent contractors, in compliance with applicable laws and regulations. Chak has no role or liability in this classification.
4.2 PAYROLL SERVICES
Clients must use Chak Payroll for employment relationships.
If a Client wishes to engage a Freelancer in a manner that constitutes an employment relationship, the Client is required to use Chak Payroll services. This service will be provided through a third-party staffing provider, who will act as the employer of the Freelancer.
5. Fees
Users agree to pay Chak certain fees for the services provided. These fees may include but are not limited to service fees, subscription fees, and any applicable taxes.
5.1 Fees for Service Providers
Service Fees: Service providers agree to pay Chak a set percentage of their earnings as a service fee. This fee covers the cost of using Chak's platform, including marketing, invoicing, and dispute resolution services.
Membership Fees: Providers have the option to subscribe to premium features of the platform by paying a membership fee.
Withdrawal Fees: A fee may be charged when providers transfer earnings to their preferred payment method.
5.2 Fees for Clients
Clients pay Chak a marketplace fee for accessing the services and for payment administration.
Additional Features: Clients can opt to pay for additional features and services, which will be clearly described within the platform.
5.3 Taxes
All Chak fees are exclusive of taxes. Any required taxes will be collected in addition to the fees.
6. Payment and Escrow Services
6.1 Escrow Services
Chak offers escrow services to hold and release payments for a project securely.
6.1.1 Escrow Instructions : Funds in escrow will only be released according to the agreed-upon terms between the client and the service provider.
6.1.2 Escrow Accounts : Chak will maintain separate escrow accounts for clients and service providers. These accounts will be used to hold and disburse funds according to the escrow instructions.
6.1.3 Service Provider’s Authorization : Service providers authorize Chak to collect and hold payments on their behalf.
6.1.4 No Interest on Escrow : No interest will be paid on the funds held in escrow.
6.2 Payment Terms
Hourly Contracts
Service providers will bill clients on a monthly basis. Clients agree to pay these invoices promptly.
Fixed-Price Contracts
Clients are obligated to fund the full amount for fixed-price projects upfront, which will be held in escrow until milestones are met.
6.3 Non-Payment or Default
In case of non-payment, Chak reserves the right to take appropriate actions, including account suspension and legal proceedings.
6.4 No Chargebacks
Once a payment is made, it's final and non-refundable unless specified otherwise. Clients should not initiate chargebacks with their financial institution.
6.5 Payment Methods
Users must provide valid payment method details and are responsible for all transactions made using those methods.
6.6 Currency Conversion
All transactions are in the local currency. If currency conversion is necessary, rates will be clearly displayed.
7. Non-Circumvention
You agree that for a period of two years from the date you first engage with a Client or Service Provider through Chak, all communications and transactions will be conducted exclusively through the Chak platform, unless a Conversion Fee is paid. Violations will be considered a serious breach and may result in account termination.
7.1 Payments Through Chak
You commit to using Chak as the sole platform for making and receiving payments related to connections made through Chak for two years from the start of that relationship. This is because a significant portion of the revenue Chak earns is through the Service Fee outlined in Section 5.
7.1.1 Non-Circumvention Examples
During this period, you agree not to:
Bypass the Chak platform to contract or invoice with parties you met through Chak.
Under-report earnings or payments.
Refer Chak users to non-users for the purpose of circumventing the platform.
7.2 Communication Through Chak
Prior to formalizing a Service Contract, all communications must be done through Chak's in-built communication features.
7.2.1 Direct Contact Restrictions
You agree not to share or request direct contact information until a formal Service Contract is in place.
7.3 Opting Out
You may opt-out of these obligations by paying a Conversion Fee.
7.3.1 Conversion Fee
The Conversion Fee ranges from $1,000 to $50,000 per relationship, except when the relationship has lasted for at least two years on Chak. Different rules may apply for enterprise clients.
7.3.2 Violation Consequences
Failure to abide by these rules will result in a Conversion Fee invoice, potential legal action, and possible termination of your Chak account.
8. Records of Compliance
8.1 Record-Keeping Responsibilities
You agree to maintain all necessary records related to your interactions and transactions on Chak. You are solely responsible for the creation, storage, and backup of these business records.
8.2 Chak’s Role
Chak has no obligation to store, maintain, or provide copies of any content or transaction data you submit, except as mandated by applicable laws.
9. Warranty Disclaimer
9.1 No Guarantees on Service Quality
Chak and its affiliates make no guarantees regarding the quality, safety, or reliability of the services provided through the platform.
9.2 "As Is" and "As Available"
The services on Chak are offered on an "as is" and "as available" basis, without any warranties, either express or implied.
9.3 Limitation of Warranties
To the extent permitted by law, any implied or statutory warranties, including but not limited to warranties of title, accuracy of information, non-infringement, merchantability, or fitness for a particular purpose, are hereby disclaimed.
10. Limitation of Liability
10.1 General Limitations
Chak shall not be liable for any damages or losses arising out of or in connection with these Terms and Conditions, including but not limited to:
Your use or inability to use our platform or services.
Delays or disruptions in our platform or services.
Malicious software acquired by using our platform.
Any errors, glitches, or inaccuracies on our platform.
Damage to your hardware device from the use of our services.
Third-party actions or inactions on our platform
10.2 Financial Cap on Liability
In no event shall Chak, its affiliates, licensors, or third-party service providers be liable for any claim arising out of or in connection with this agreement to an amount exceeding the lesser of:
$2,500 or Any fees retained by Chak for services where you participated as a Client or Service Provider during the six months preceding the claim.
10.3 Exclusions
Chak shall not be liable for any special, consequential, incidental, punitive, or indirect damages, including litigation costs and loss of data, profit, or business opportunities.
10.4 Jurisdictional Exceptions
Some jurisdictions may not allow certain limitations or exclusions of liability. In such cases, some of the foregoing may not apply to you.
11. Release
11.1 Release of Claims
You agree not to hold Chak responsible for any dispute you may have with another user. This release covers all known and unknown claims, whether at law or in equity, existing at the time of entering this agreement.
11.2 Exceptions
This release does not apply to claims where Chak has failed to meet its obligations under these Terms and Conditions.
12. Indemnification
12.1 Your Obligations
You agree to indemnify, defend, and hold harmless Chak, its affiliates, and representatives from all claims, damages, losses, and expenses arising out of:
Your use of the services.
Any service contract you enter.
Your failure to comply with these Terms and Conditions.
Your violation of any third-party rights, including intellectual property rights.
12.2 Definitions
"Indemnified Claim" refers to any claim, damage, liability, cost, loss, and expense arising from any claim or action against an indemnified party.
"Indemnified Liability" refers to any claim, damage, liability, cost, loss, and expense arising from any claim or action brought by an indemnified party against you or a third party.
13. Agreement Term and Termination
13.1 Termination
Both parties reserve the right to terminate this Agreement at any time upon written notice. Upon termination, your right to use Chak's services will be revoked, and your account will be closed. However, any existing service contracts or projects you have with other users will not automatically terminate and must be separately closed or completed.
13.2 Account Data on Closure
Unless required by law, you won't have access to your account data after account closure, and Chak disclaims liability for any data loss. Some data may be retained as required by law or our Privacy Policy.
13.3 Survival
Certain provisions of this Agreement, such as those concerning intellectual property, indemnification, and limitations of liability, will survive the termination of this Agreement.
14. Dispute Resolution
14.1 Arbitration
Any disputes between you and Chak will be resolved through binding individual arbitration. Both parties waive the right to a jury trial.
14.2 Governing Law
The laws of the Republic of Singapore will govern this Agreement.
14.3 Informal Dispute Resolution
Before arbitration, both parties agree to try to resolve the dispute informally. Each party has 60 days to resolve the dispute before proceeding to arbitration.
14.4 Special Provisions
This Arbitration Provision doesn't apply to claims related to workers' compensation, state disability, or unemployment benefits.
Class or collective actions are not permitted.
You can opt out of this Arbitration Provision within 30 days of your first registration on the platform.
14.5 Enforcement
If any part of this Arbitration Provision is found to be unenforceable, the rest will remain in effect.
15. GENERAL TERMS
15.1 Entire Agreement
This Agreement, along with any other policies or guidelines on our platform, constitutes the full understanding between you and Chak regarding the Services provided. No other arrangements, written or verbal, will supersede this Agreement.
15.2 Changes to the Agreement
Chak reserves the right to modify this Agreement. We will provide reasonable advance notice for significant changes. You agree to review the updated terms and continue using our Services under them.
15.3 Assignability
You may not transfer or assign any rights under this Agreement without explicit written approval from Chak. Exceptions apply for mergers, acquisitions, or changes in ownership, provided that Chak is notified in writing and does not object within 5 business days.
15.4 Severability
If any provision of this Agreement is found to be invalid, it will be amended to achieve as closely as possible the same effect originally intended. All other provisions will remain in full force.
15.5 Force Majeure
Neither party shall be responsible for delays or failures to meet obligations due to events outside of their reasonable control, such as natural disasters or pandemics.
15.6 Governing Law
The laws of Singapore shall govern this Agreement. Any disputes will be resolved through binding individual arbitration in Singapore.
15.7 Language
The English language version of this Agreement will be the authoritative version and will prevail over any translations.
15.8 Electronic Records
You consent to receive all communications, including notices and transactional information, electronically from Chak.
15.9 Definitions
Client: A user of Chak seeking services.
Confidential Information: Any information shared within the scope of a project.
Service Contract: The contractual agreement for a specific project between a Client and Chak.
Force Majeure: Unforeseeable circumstances preventing one or both parties from fulfilling the Agreement.