Get Any Work Done - Terms & Conditions
The Platform belongs to and is operated by Get Any Work Done Portal, a company incorporated in the United Arab Emirates and having its registered address Jumeirah 2, Dubai, United Arab Emirates, (“us”, “we”, “our” and/or “GAWD”).
Your use of our Platform, whether as a Guest or User (collectively “Visitors”) to provide or avail a Service from us or to perform any other kind of action, shall be governed by these terms and conditions and any updated and/or modified version of the same (“Terms and Conditions”). It shall be your responsibility to periodically review these Terms and Conditions to familiarize yourself with them. By continuing to use our Platform or the Services, you are agreeing to these Terms and Conditions in full. You may not use, and shall immediately discontinue your use of our Platform or the Services if you are not able to create a legally binding agreement in accordance with applicable laws and/or if you do not agree to these Terms and Conditions in full. These Terms and Conditions were last updated on 11th November 2021 Download PDF.
GAWD reserves the right to update these Terms and Conditions at any time, such updated Terms and Conditions will take effect from the date they are posted at https://getanyworkdone.com/legal. Your continued access to and/or use of our Platform after such posting will constitute your deemed acceptance of such updated Terms and Conditions.
“Additional Terms” shall include the Booking Confirmation, Freelancer Agreement, Employment Contract, and any other form of agreement executed between the Users for providing and/or receiving services through the Platform.
“Booking” any Project accepted by the Freelancer via the Platform.
“Booking Confirmation” the electronic document which confirms the Project description, Booking Fees, and any other specific details of the Booking agreed between the Client and the Freelancer.
“Booking Fees” the fees payable to the Freelancer for the Freelance Services as identified and defined in the Additional Terms.
“Clients” shall mean Users purchasing services from the Freelancer or Service Providers via the Platform.
“Confidential Information” any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to one party ("the Disclosing Party") to the other party ("the Receiving Party") and their business or affairs (including but not limited to data, records, reports, agreements, research and development, manufacturing, marketing strategies and tactics, production or design secrets, specifications, know-how, trade secrets, Inventions and other information concerning the Project) in any form or medium, whether in writing, orally or by any other means, together with any reproductions of such information in any form or medium or any part(s) of such information.
“Commencement of the Project” shall mean the date agreed between the Users in Additional Terms.
“Content” means such things as data, text, photographs, videos, audio clips, written posts and comments, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Platform.
“Employer” any potential employer with a registered entity within UAE posting a temporary or permanent position available within its organisation for the purpose of hiring the Jobseeker on an employment basis.
“Freelancer” the User that access the Platform through creating an account as a freelancer/contractor for the purpose of accepting a Project from the Clients and selling Freelancer Services to a Client via the Platform.
“Freelance Services” the services to be performed by a Freelancer for a Project of which the specification and full scope shall be described in the Additional Terms.
“Guest” shall mean an unregistered user of the Platform visiting the Platform without creating an account.
“Intellectual Property Rights” patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
“Introduction Fee” shall have the meaning ascribed to it in clause 6.1.
“Project” means any assignment, task, project or job offered by the Client to the Freelancers by use of the Services through the Platform and including any renewal or extension of the same and/or subsequent assignment, task, project or job from the same Client to the same Freelancer during a period of 12 months following the initial Project.
“Jobseekers” any individual potential employees that access the Platform via creating a Member account seeking a temporary or permanent position with the Employer which may be concluded via execution of an Employment Contract.
“Members” shall include Jobseekers and Clients.
“Placement” any temporary (long term or short term) or permanent position offered and/or posted by the Employer on the Platform.
“Platform” shall mean the platform we provide on our website with the domain named "https://www.getanyworkdone.com" and our app "Get Any Work Done" whereby you can access the Services as described in more detail herein.
“Service Fees” shall have the meaning ascribed to it in clause 6.2.
“Service provider” shall include the Employers, Freelancers and any Member providing their Services to Clients.
“Services” shall have the meaning ascribed to it in clause 3.
“User” shall mean any registered person (individual or corporate body) with an operating account on the Platform using our Platform and Services. That includes all Clients, Jobseekers, Freelancers and Employers.
1.2 For any User accessing the Platform as a corporate body, references to “user” and “you” include any employer or other party that such User may be acting on behalf of in accessing our Services at the Platform.
1.3 Third Party Terms and Conditions. Certain features of our Platform or the Services will be subject to additional terms and conditions from third parties and Service Providers. We do not employ such Service Providers and/or third parties and the provision of their services will be subject to their terms and conditions. It shall be your responsibility to inform yourself of the applicable terms and conditions before availing a Service. Terms and conditions may differ from Service Provider to Service Provider and may be amended without prior notice to you. Such terms and conditions shall form an integral part of these Terms and Conditions and any such third party and/or Service Provider shall have the right to enforce such terms and conditions against you. To avail certain services, you may be required to enter into an additional agreement with the Service Providers and you will be notified of such Additional Terms in connection with the relevant services, if applicable. Any Additional Terms will be considered an integral part of these Terms and Conditions. In the event of conflict between these Terms and Conditions and any other terms (of the Service Provider or otherwise), the former shall prevail unless expressly otherwise agreed by us in writing.
1.4 License to Use. Subject to the rest of the content of these Terms and Conditions, we hereby grant you a non-transferable, non-exclusive, revocable, limited license to use and access our Platform in accordance with these Terms and Conditions but reserve our right to revoke any or all of such authorizations at any time.
1.5 Lawful Purposes. You agree to use our Platform and the Services for lawful purposes only and in a way that does not infringe on the rights of any third party or restrict or inhibit such third party, other User’s use and enjoyment of the same.
1.6 General Restrictions. The rights granted to you under these Terms and Conditions are subject to the following restrictions:
(a) You may not and shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of our Platform or any of the content thereof.
(b) You may not and shall not access our Platform in order to build a similar or competitive Platform, product, and/or Services.
(c) Except as expressly stated herein, no part of our Platform may be copied, modified, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to linked, framed, hyperlinked or deep-linked into any other platform, without our express written consent.
(d) All copyright and other proprietary notices on our Platform (or on any Content displayed thereon) must be retained on all copies thereof and the source clearly displayed.
(e) Unless otherwise indicated, any future release, update, or other addition to functionality of our Platform shall be subject to these Terms and Conditions.
Certain activities, whether legal or illegal, may be harmful to you and to others. For your own protection and for the protection of others, you may not at any time during your use of our Platform or the Services:
(f) harass or abuse other Visitors and/or third parties, whether by threatening, stalking, spamming, transmitting junk mail, chain mail and/or any other form of harassment and/or abuse.
(g) violate the privacy of other Visitors and/or third parties, by infringing applicable privacy laws, soliciting personally identifiable information for the purposes of harassment, exploitation, commercial activities, and/or promotional activities.
(h) unfairly interfere with any other Visitor or third party’s uninterrupted use and enjoyment of the Services and/or our Platform.
(i) upload or transmits viruses or other harmful, disruptive or destructive files.
(j) disrupt, interfere with, or otherwise harm or violate the security of our Platform, system resources, accounts, passwords, servers, or networks connected to or accessible through our Platform.
GAWD reserves the right at all times to:
(k) edit, refuse to post, or to remove from the Platform any Content, information or materials for any reason whatsoever.
(l) disclose any information (whether Confidential Information or otherwise) GAWD deems appropriate to satisfy any obligation under applicable laws, regulatory requirements, legal processes, or to satisfy any request of the police, government or any regulatory body.
(m) terminate or restrict the User’s access to the Platform and/or receipt of the Services, including if GAW suspects that the User is in breach of any of the provisions of these Terms and Conditions.
1.7 No Support, Maintenance, or Protection. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with our Platform or your use thereof. We also cannot guarantee that there will be no viruses or other harmful code embedded in our Platform which could adversely affect the device you are accessing it from. It shall be your sole responsibility to ensure that your device is adequately protected against such threats.
1.8 Term. These Terms and Conditions shall remain valid and apply at all times during your use of our Platform and the Services. Without limiting the generality of the foregoing, these Terms and Conditions shall apply and shall continue to apply each and every time you open an account with us, avail a Service through our Platform and/or otherwise access our Platform for any other reason.
1.9 Territory. Our Platform is intended for use only by the Users in United Arab Emirates (UAE). If you choose to use the Platform from locations outside UAE, you do so at your sole risk. For avoidance of doubt, the information and services provided on our Platform is not intended for distribution to or use by any user, person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any compliance or registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Platform to any person, geographic area, or jurisdiction, at any time and in our sole discretion.
2. CREATING AN ACCOUNT WITH US.
2.1 If you want to access our Platform as a User, you will be required to create an account with us. There will be different requirements for registering an account with us depending on the type of account that you desire. Such requirements will be advised to you upon creating your account. Among other things however, you will be asked to provide your email address, phone number, if you are a Member, if you are a Service Provider, your company documents and qualifications, and in both instances, to pick a secure password to create and log in to your account with.
2.2 You are eligible to register as a User if you meet the following eligibility criteria:
(a) You are above the legal age for working, purchasing products and services (whichever applicable) in the UAE and thereby, have the ability to create a legally binding agreement; and
For Service Providers:
(b) You are a validly existing legal entity, duly registered in UAE and are able to provide a validly existing trade license and VAT certificate;
(c) You are able to provide proof of authorization for at least one individual who will be registering and using our Platform and are able to provide identification for such identified individual. This individual shall be our point of contact for your organization and the person to whom we raise any concerns. By providing this person’s details, you are authorizing such individual to represent your organization and thereby, bind the organization in any dealings with us. Where you give access to your account and/or share your login details with other members of your organization, you authorize such additional individuals to act through your account and shall be responsible for all action or inaction that happens through your account and shall be bound by their actions as if your organization had authorized such actions or inactions, whether in whole or in part;
(d) You have a validly existing corporate bank account for your entity and are able to provide us with supporting bank details; and
(e) you acknowledge and agree that for certain service categories, additional requirements may be applicable.
2.3 Upon the successful creation of an account with us, you will be given a profile on our Platform. If you are a Service Provider, your profile will have information about you available to others. For example, your profile may include the name of your business and the services that you specialize in. If you are a Jobseeker, your profile may include your CV and information about the type of position(s) that you are interested in.
2.4 You shall be responsible for ensuring the accuracy of the information you submit when creating an account with us. All information provided by you must be provided in good faith. Such information must be true and accurate in all material respects and not misleading as of the date such information is given. You should also revise this information regularly to check that the information we have for you is correct. You may delete or update the information that you have saved with your account at any time. We may request supporting documentation to verify the information you have provided to us as a Service Provider is correct, at any time. We reserve the right to remove or suspend accounts that are not truthful or whereby the Service Provider is unable to provide the documents we require. We shall not be liable for any costs, expenses or liabilities incurred by you due to inaccurate information.
2.5 All information and interactions you make through your account or through your use of our Platform must be appropriate, factual, and remain professional at all times. You shall at all times, and procure that your employees shall at all times, (i) comply with applicable laws, rules and regulations, (ii) must not infringe on any intellectual or proprietary rights of any third party, (iii) must not promote, contain, or display information that is inaccurate, false or misleading to other Users in any way whatsoever, including but not limited to, impersonating or purporting to impersonate any other person, and (v) must not be offensive, illegal or inappropriate in any way.
2.6 You are responsible for keeping your login information secret and secure at all times. You hereby agree not to permit any other person to use your username and password and not to disclose or provide any other person your username, your password or any other information that may allow any other person to gain access to your account. You will remain responsible for all activity that occurs through or associated with your account and any violations of these Terms and Conditions. For the avoidance of doubt, you may not use the account of anyone else or set-up more than one account for yourself (especially if your account has been suspended or deleted by us for any reason). We do not accept responsibility for any activity that occurs through your account.
2.7 We reserve the right to reject or approve any request to create an account, to suspend your account and/or to delete your account at our sole discretion without any liability for the same.
3.1 The “Services”. GAWD Platform connects Users and enable the Users to offer and/or avail professional services, in the following ways:
(a) Marketplace: Clients can post ‘request for quotes’ on our Platform or via any communication channel, for distinct pieces of work and obtain multiple quotes from Freelancers or Service Providers. The marketplace can be used to hire Freelancers or Service Providers on time or project basis.
(b) Placement: Employers can utilise GAWD Platform to hire Jobseekers on a full-time or locum basis. The Platform allows Jobseekers to apply for Placements offered by the Employer.
3.2 In addition to connecting the Users, our Platform allows Users to manage their Bookings, the fulfilment and administration of Projects and enables invoicing and payments to be administered between the Users, and for the Users to enter into an agreement for the performance of a Project and/or taking up a Placement.
3.3 As a strict condition of the use of the Services, and in particular access and use of the Platform, all Users agree and will ensure that all Projects offered to and all Projects accepted and all Bookings are facilitated through the Platform, including ensuring that all Projects and Bookings are invoiced and paid through the Platform.
3.4 Projects and Bookings facilitated (or attempted to be facilitated) outside of the Platform and/or payments made (or attempted to be made) outside of the Platform will be treated as a material breach of these Terms and Conditions, unless otherwise agreed between us in writing. Should you seek to or otherwise attempt to circumvent the Platform, GAWD reserves the right to suspend your use of the Platform and/or immediately terminate your access to the Services, including your access to the Platform.
3.5 You acknowledge and accept that GAWD does not provide freelance services or function as a consulting, recruitment and/or temporary work agency and that any such placement and/or freelance services which are provided in connection with the Services are provided by the Service Providers who are independent third-party contractors and are not employed by GAWD or any of its associates.
GAWD MARKETPLACE SERVICES:
3.6 To use the GAWD Marketplace, you can either request quote for a Project if you are a Client, or quote for a Project if you are a Freelancer.
3.7 As a Freelancer you will be able to quote for Projects that the Clients are trying to book. You are solely responsible for the content, accuracy, and completeness of each quotes and agree that each quote shall only contain information which is true, accurate and current. Once a Client makes a request to avail a quote, you will be required to accept the request to book that Project in order to finalize that Booking. Once you have accepted a request for a Project, the Client will receive a notification that the Booking has been confirmed.
3.8 As a Client, you will be able to search for a service you are interested in and request for quote. You are solely responsible for the content, accuracy, and completeness of each request for quote that you send out and agree that each request for quotes shall only contain information which is true, accurate and current. Freelancers will be able to provide you with a quote to avail that service. Once you select a quote you would like to avail, a request will be sent to the respective Freelancer. The respective Freelancer will then need to accept that request. Once accepted, you will receive a notification that your Booking has been successfully confirmed. Freelancers have the right to confirm or reject your request for a Booking provided that any rejection shall always be reasonable.
3.9 All Users are responsible for ensuring that they are legally entitled to submit to the Platform any information included in a quote or a request for quotes. The Users may not submit a quote or a request for quote if it already knows from the outset it has no real intention of engaging a service. The Users may not invite quotes for any Project which is illegal or unlawful.
3.10 If GAWD considers all or part of a quote or a request for quotes to be in breach of any of the provisions of this Terms and Conditions, GAWD shall be entitled to (a) edit, modify or remove any parts of a quote or request for quotes; and/or (b) suspend or terminate the respective User’s access to the Platform without notice.
3.11 Once a Booking has been confirmed, the respective Users will execute the Additional Terms and shall be able to contact each other via our in-app messaging service. This will allow the respective Users to correspond about the Booking (always subject to the provisions of clause 5). Any and all communications between Users (whether in general or on specific Booking) shall be at their own risk.
3.12 If during the term of the Additional Term or within 12 months following termination of such Additional Terms, the Client offers a permanent employment to the Freelancer and the Freelancer accepts such an offer, then that placement transaction shall fall within the scope of GAWD Placement services and the Client becomes the Employer and agrees to pay GAWD the Introduction Fee detailed in Clause 6.1accordingly.
GAWD PLACEMENT SERVICES:
3.13 The Employers have the option to post and advertise for a Placement on the Platform. GAWD shall have the right to decline, cancel or otherwise remove any Placement advertisement posted by the Employer at any time, for any reason and without giving prior notice to the Employer.
3.14 If any Placement advertisement appears to demonstrate that the Employer intends to discriminate on the grounds of gender, sexual orientation, race, religion or age, it will be declined.
3.15 The Placement advertisement shall be made visible and available to all Platform Visitors and all Visitors have the option to use the Platform search engine on GAWD Placement section. To apply for a Placement posted on the Platform you must be a registered Jobseeker on the Platform.
3.16 GAWD is neither responsible to find suitable and willing Jobseeker to fill such vacancies nor guarantees that the Jobseeker submitting an application for such Placement has the experience, qualifications, and authorisations which are required by the Employer, by law or by any professional body, for the position(s) that the Employer wishes to fill. GAWD shall not verify or otherwise formally check any Jobseeker details. It shall be the sole responsibility of the Employer to ensure that Jobseekers are suitable for the relevant Placement and to obtain any references required, as well as checking the validity of qualifications.
3.17 Obligations – Employment Placement. This clause applies to situations where the Employer wishes to hire a Jobseeker on employment basis. The Employer:
(a) must notify GAWD promptly of any job offer that it makes to a Jobseeker.
(b) must notify GAWD promptly of the acceptance of any job offer that is made to a Jobseeker and provide details of the Jobseeker’s remuneration.
(c) must notify GAWD promptly if, following the employment of a Jobseeker, the Jobseeker’s remuneration increases at any time during the first 12 months of the employment, and the Introduction Fee detailed in clause 6.1will be increased accordingly.
(d) must after signing the Employment Contract with the Jobseeker provide GAWD upon request with a copy of the job offer and/or the Employment Contract.
4.1 Throughout the entire time that the Freelancers are providing services through the Platform, they must be able to provide and maintain valid license indicating that they are a registered and licensed Freelancer, entity, company or establishment within United Arab Emirates. We reserve our right to request copies of such documents at any time throughout your use of our Platform. Clients and Employers shall also have the right to request such information from the Freelancer before availing a Service. Notwithstanding the foregoing, we do not under any circumstances guarantee the accuracy, reliability, quality, availability or sustainability of any Freelancer or the services provided by them. All Users should exercise caution and common sense when interacting with each other and shall remain responsible for protecting themselves and their property at all times while using our Platform and the Services.
4.2 We do not make any kind of guarantee as to the ability, competence, or quality of the Freelancer who may be listed on the Platform and/or suggested to you by us. GAWD merely makes the Service available to enable the Users to connect and exchange their services.
4.3 Unless agreed otherwise, the Client shall engage the Freelancer by signing a Freelancer Agreement and/or Booking Confirmation and the Employer shall engage Jobseeker by signing an Employment Contract (all such agreements collectively referred to as “Additional Terms”). We encourage the Users to sign such Additional Terms electronically through the Platform and the Members hereby consent to the Service Providers sharing with GAWD, on an ongoing basis, any Additional Terms (including any attachments), the Client’s Projects, the scope of work the Freelancer will complete for the Client and the agreed fees.
4.4 A User having used the service of a Freelancer may be able to leave positive feedback about the Freelancer through the methods provided. Should you have a complaint or comment to make about the other Users, you can submit such complaint or comment to us in writing at the email address provided in these Terms and Conditions.
5. EXCLUSIONS OF LIABILITY.
5.1 You agree that each Booking that takes place via the Platform shall be an agreement between respective Users only. We make no representations, guarantees or warranties with regards to the quality of the services provided, the terms and conditions surrounding the service, the accountability of a User to attend a Booking, nor that the services will be available at all or any times throughout your use of our Platform.
5.2 Each and every User is an independent contractor and as such, we have no control over, nor do we accept any responsibility for them in any way whatsoever. You agree to indemnify and hold us (our affiliates, officers, employees, and agents) harmless from any and all claims and demands (including reasonable costs and attorneys’ fees) arising out of (a) your use of our Platform and the Services, (b) your violation of these Terms and Conditions or any other terms or guidelines referred to herein (including third party or Service Provider terms and conditions), or (c) your violation of applicable laws and regulations. We reserve our right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to fully cooperate with us with regards thereto and not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5.3 For the avoidance of doubt, we shall not be responsible in any way whatsoever, for any liability, cost, expense, loss or damage, including for property or person, whether by injury or otherwise, caused by a Service Provider or Member on any other Service Provider or Member, or any third party. You agree to indemnify and hold us harmless for any and all liability, damages, claims, costs, losses or expenses (including reasonable legal fees) incurred as a result of your action or inaction in relation to our Services, the Freelancer Service or these Terms and Conditions, whether in the form of a suit, claim or similar action.
5.4 GAWD does not warrant the accuracy, quality or completeness of any information or assistance obtained via the Platform. GAWD does not direct, have any control over, or make any assurance or representation about any services that get exchanged on the Platform.
5.5 The Platform may include information sourced from Users, including general news and information and profiles of individual Jobseekers and Freelancers. GAWD does not write, edit or control that information, and has no responsibility to the Users in respect of such information. You must take all due care in relying on such information, as this is done at your own risk.
5.6 Your interactions with other Platform Users and/or third parties shall be solely between you and such other Users and/or third parties. We will not accept responsibility for any loss, damage, cost, expense or other liability having occurred as a result of any such interactions, including but not limited to those between Users. If there is a dispute between you and any other Platform User (whether another Member or Service Provider) and/or third party, we are under no obligation to become involved or defend the same. You may address such dispute in accordance with the provision of your Additional Terms. However, the Users shall notify the details of the dispute to GAWD as soon as reasonably practicable. The Users releases GAWD from any and all claims, demands and damages of every kind arising out of or in any way connected with any dispute it may have with other Users.
5.7 You hereby release and forever discharge us and our affiliates, officers, employees, agents, successors and assigns (as applicable) from and against each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly, in whole or in part, out of your use of our Platform (including any and all interactions with, or act or omission of, other Platform Users and/or Third-Party Links & Ads).
6. FEES AND PAYMENT.
6.1 GAWD Fees & Payments applicable to Employment Placement. In consideration for the use of the Platform and our Services, an Introduction Fee is payable by the Employer to GAWD. The Introduction Fee is an amount equal to 10% of the Jobseeker’s remuneration during the first 12 months of the employment with the Employer plus VAT and payable to GAWD on signature of the Employment Contract. The Employer is required to pay the Introduction Fee to GAWD immediately after the Employment Contract is signed and/or the date Jobseeker commence working with the Employer, whichever earlier (“Introduction Fee Security Deposit”). The Introduction Fee Security deposit shall remain with GAWD and get adjusted towards GAWD final invoice.
(a) If the employment of a Jobseeker with the respective Employer is for a fixed term of less than 12 months, then the fee will be calculated pro rata as above but shall be payable to GAWD in full and in advance.
(b) If the employment of a Jobseeker with the respective Employer terminates prematurely, GAWD will still be entitled to its Introduction Fee in full and the same shall become payable immediately in one payment. For avoidance of doubt, under no circumstances the Employer may be entitled to a refund or adjustment of the Introduction Fee after the Employment Contract is signed and/or the Jobseeker commence working with the Employer.
(c) The Employer must pay GAWD’s fees within seven (7) days of receiving the invoice. GAWD reserves the right to charge interest at the rate of 4% above Bank of England base rate of interest per annum on any invoiced fees that remain unpaid by the Employer from the due date to the date of payment. Such interest will be calculated and charged per month on all outstanding amounts.
6.2 GAWD Fees & Payments applicable to Freelancer engagements. In consideration for the use of the Platform and our Services, the Freelancers shall pay GAWD a Service Fee. The Freelancers acknowledge, agree, and accept that the Service Fees are payable for the use of the Platform and our Services and are due and payable irrespective of the outcome of any Project. Service Fees are non-refundable. The Service Fee is an amount equal to 10% of the Booking Fee as defined in the Additional Terms plus VAT.
(a) GAWD requires a “Service Fee Security Deposit” from the Freelancer for which GAWD shall use the first payment received from the Client on the account of the respective Freelancer to secure such Service Fee Security Deposit. Such Service Fee Security Deposit shall be calculated as follow:
(i) In case the Additional Term is allowing for instalment payments, the Service Fee Security Deposit shall be equal to 10% of the total Booking Fee.
(ii) If the Additional Term is executed for one off payment for the Project, then the Service Fee Security Deposit shall be equal to 20% of the total Booking Fee.
(b) The Freelancer must issue and raise its initial invoice to the Client and request payment towards the same in a manner that assures GAWD will receive the desired Service Fee Security Deposit immediately after the Additional Terms are signed between the Freelancer and the Client and under no circumstances later than Commencement of the Project.
6.3 The Clients understand and agree that the Freelancer will send their invoices through the GAWD Platform on an ongoing basis. Unless agreed otherwise, GAWD is not to be a party to any contract made between the Users for the provision of any services, and therefore GAWD shall not be liable for any loss or damage that results from any dealings between the Users. We would like to remind you that we only provide the Platform to connect Users. The services that you receive from other Users on the Platform will be provided pursuant to the respective User’s terms and conditions and the Additional Terms executed between the respective Users.
7. INTELLECTUAL PROPERTY.
7.1 As between you and us, you acknowledge that any and all intellectual property rights, including copyrights, patents, trademarks and trade secrets (collectively “Intellectual Property”) in our Platform and its Content are owned and shall be owned by us or the respective Service Provider (as applicable). Neither these Terms and Conditions (nor your access to or use of our Platform or the Services) shall transfer to you or any third party, any rights, title or interest in or to such Intellectual Property, except for the limited access rights expressly set forth in clause 1.4above. We reserve all of our rights not granted in these Terms and Conditions and reserve the same for our third-party providers. For the avoidance of any doubt, there are no implied licenses granted under these Terms and Conditions or by your use of our Platform.
8. THIRD-PARTY LINKS & ADS.
8.1 Our Platform may contain links to third-party websites and services and/or display advertisements for third parties (collectively “Third-Party Links & Ads”). We do not review, approve, monitor, endorse, warrant, or make any representations with respect to any Third-Party Links & Ads found on our Platform and hereby expressly disclaim any and all liability in relation thereto. Access to Third-Party Links & Ads have been provided for your convenience only. Your use of any Third-Party Links & Ads shall be at your own risk. When accessing any Third-Party Links & Ads, additional terms and conditions are likely to apply, including but not limited to, the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with or any access to any Third-Party Links & Ads.
9.1 Our Platform and all of the Content and information hereon, is provided on a strictly “as is” basis. We expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory, including without limitation, warranties and conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement. We make no warranty that our Platform or the Services will meet your requirements and/or expectations, will be available on an uninterrupted, timely, secure and error-free basis, or will be accurate, reliable, free of viruses or without other harmful code, complete, legal or safe at all or any times. If applicable law requires any warranties with respect to our Platform and/or the Services to be given, all such warranties are limited in nature and duration to the minimum requirements imposed on us by law.
10. LIMITATION ON LIABILITY.
10.1 To the maximum extent permitted by applicable laws, in no event will we accept any liability to you or any third party for any loss of profits, loss of data, costs of procurement of substitute goods, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or in relation to these Terms and Conditions and/or your use, or inability to use, our Platform and/or the Services. Access to, and your use of our Platform or the Services, shall be strictly at your own risk. By accessing our Platform or the Services, you accept sole responsibility for any damage to your person, your belongings, and/or the device you are accessing our Platform from and/or any loss resulting therefrom.
10.2 To the maximum extent permitted by law and notwithstanding anything herein to the contrary, our maximum liability arising from or in relation to these Terms and Conditions, your use of our Platform (for any cause whatsoever and in any form of action) and/or the Services, shall be limited to One Hundred USD ($100). The existence of more than one claim will not enlarge this limit as it shall be in the aggregate.
10.3 We will not be liable to you for any breach of these Terms and Conditions caused by any event beyond our reasonable control including but not limited to, acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, decrees or laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labor, fuel, parts or machinery; power failure or breakdown in machinery.
10.4 These Terms and Conditions shall not affect your legal rights whether under any mandatory consumer protection laws, which cannot be excluded or limited by applicable law.
11. TERM AND TERMINATION.
11.1 Subject to this clause, these Terms and Conditions will remain in full force and effect for the entire time that you use Platform or receive the Services. We may suspend or terminate your rights to use our Platform or the Services at any time for any reason at our sole discretion. Upon termination of your rights under these Terms and Conditions, any account you may have with us and any right to access our Platform shall be terminated immediately. We shall not be liable in any way whatsoever for any termination of your rights under these Terms and Conditions. Even after your rights under these Terms and Conditions have been terminated, the following provisions of these Terms and Conditions will remain in effect and shall be fully enforceable against you under law: clauses 5,7, 8, 9,10, 11, 12, and 13.
12. GOVERNING LAW AND DISPUTE RESOLUTION.
12.1 These Terms and Conditions shall be governed and construed in accordance with the Federal laws of United Arab Emirates.
12.2 All claims and disputes in connection with these Terms and Conditions shall be amicably resolved between us within ninety (90) days from the date thereof. Failure to reach amicable settlement shall cause the dispute to be referred to DIFC Small Claims Tribunal (“SCT”), provided that such dispute qualifies for determination through the SCT and then the SCT shall have exclusive jurisdiction to settle any such dispute. For disputes that do not qualify for determination through the SCT, the courts of the DIFC shall have exclusive jurisdiction to settle such Dispute and each party submits to the exclusive jurisdiction of the courts of the DIFC. For the purposes of this section, you waive any objection to either the courts of the DIFC or the SCT, as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.
13.1 Survival of Agreement. These Terms and Conditions will survive the termination of your account with us for a period of five (5) years from the date you last visited our Platform.
13.2 Electronic Communications. All communications between us and you will be in electronic form. For contractual purposes, you (i) consent to receive communications from us in an electronic form and (ii) you agree that all Terms and Conditions, Additional Terms, agreements, notices, disclosures, and other forms of communication that we may provide you with, satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy. The foregoing does not affect any non-waivable rights.
13.4 Dealing with Confidential Information: The Receiving Party shall not, and shall ensure that its employees shall not, use copy or disclose any of the Confidential Information of the Disclosing Party except to exercise its rights and to carry out its obligations under this Terms and Conditions and/or the Additional Terms. The Receiving Party shall only disclose the Disclosing Party’s Confidential Information to its employees where those employees are bound by written obligations of confidentiality. The provisions of this clause shall not apply to any Confidential Information which a) is or becomes generally available to the public other than as a result of any act or omission of the Receiving Party and/or, b) is already in or comes into the possession of the Receiving Party from a person lawfully in possession of the information and owing no obligation of confidentiality to the Disclosing Party in respect of the information; or c) is required to be disclosed by any court, government or administrative authority competent to require disclosure. Nothing in this Clause 13.4 shall prevent or restrict GAWD from:
(a) reproducing a quote or a request for quote to provide the Service; and/or
(b) obtaining from the Freelancer and using details of the Freelancer fees, Booking Fees, details of the Additional Terms and Booking Confirmations and the Client hereby consents to the Freelancer sharing such details with GAWD on an ongoing basis.
13.5 Copyright/Trademark Information. Copyright © Get Any Work Done FZ LLC. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on our Platform and in relation thereto are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
13.6 Contact. Should you wish to contact us, please feel free to do so at the following email address [email protected]