Effective date 1st of March 2020
1.1. Worqaround Solutions OÜ, registry code 14735113, address A. H. Tammsaare tee 47, 11316 Tallinn, Harju County, Estonia (“WS”) offers the service of solving Excel related tasks (“Service”) on the website worqaround.com and its sub-domains (“Platform”).
1.2. These terms of service (hereinafter the “Terms of Service”) govern the use of the Service on the Platform and are a binding legal agreement between the user of the Service (“Customer”) and WS.
1.3. Please read these Terms of Service carefully before using the Service. By using the Service, you represent that you have read and understood the Terms of Service and agree to be bound by them. If you object to any of the provisions in the Terms of Service, you may not use the Service.
1.4. The Terms of Service may be amended from time to time. Upon making material changes to the Terms of Service, we will post a notice on our website prior to the effective date of the changes. Should you not agree to the new amended terms you may at once delete your account. All pending Orders (as defined below) shall be serviced by WS based in the previously effective Terms of Service.
1.5. The Service is carried out by WS using third party sub-service providers that have expertise in compiling complex Excel spreadsheets (“Experts”). The fact that the Service is carried out by Experts, does not inflict any contractual relationships between Customers and Experts. All disputes arising from the provision of the Service will be resolved between WS and the Customer. WS shall always be the service provider to the Customer.
2.1. Each Customer is entitled to one free of charge trial Order (as defined in Section 3.1) without registering as a member. If the free trial has been used then the Customer has to create a member account by signing up here.
2.2. All data and information submitted by the Customer upon registration of the account is true, accurate and complete.
2.3. The Customers shall take any actions appropriate to keep their account access information safe and confidential. The Customer is fully responsible for all activity that occurs under, in or through their account. The Customer shall use the Service only for themselves, and not on behalf of any third parties. The Customer acknowledges that, in any case, granting permission to a third party does not relieve the Customer of any of their responsibilities under this Agreement nor any applicable law. Any such third-party activity shall be deemed to be the activity of the Customer.
3.1. To use the Service, the Customer shall submit an order on the Platform (“Order”). In the Order, the Customer shall describe, in detail, the desired result and provide all necessary documents (e.g. MS Excel file and/or screenshot). After the Customer has submitted the Order, all Experts are notified of a new Order. The Customer is sent a notification (by e-mail and on the Platform) when the Order has been accepted by one of our Experts.
3.2. When the Order is accepted, and if necessary, the Customer and the Expert shall have the opportunity to communicate via live chat (a functionality of the Platform, “Live Chat”) in order to specify details regarding the Order. Live Chat is anonymous, meaning that neither the Customer nor the Expert know the identity of the counterparty. WS is not responsible for any unwanted disclosure of information via Live Chat.
3.3. The Order will be completed within 1 business day after submitting the Order, provided that there is no need for further specification of the Order. The Customer shall, within a reasonable time, provide to the Expert all necessary information for the completion of the Order upon receiving a respective request by the Expert via Live Chat. When the Order is completed, a spreadsheet prepared according to the Order and instructions given via Live Chat (“Document”) is uploaded to the Platform where the Customer can then download it. The Customer will receive a respective notification by e-mail and via the Platform.
3.4. When the Expert has uploaded the Document to the Platform, the Order is deemed to be duly completed and Live Chat will be turned off. Any and all complaints regarding the Order shall be directed to the customer support of WS at email@example.com.
4.1. The Customer remains anonymous for the Expert at all times, and vice versa.
5.1. In order to ensure the protection of Customers’ data, any and all data regarding the Order (including the contents of the Order and accompanying documents, Live Chat communication and the Document) are immediately and permanently deleted after the Order is deemed to be completed and the Document has been downloaded by the Customer.
6.1. For the Service, the Customer pays WS in advance a fixed fee according to the price list which can be found on our pricing page (“Service Fee”). The Service Fee includes a certain number of Orders (sessions), whereas Orders which have not been duly completed are not counted therein.
6.2. Service Fees are non-refundable.
6.3. WS reserves the right to change the Service Fee at any time by notifying the Customers by e-mail or by updating the pricing page. Such changes will not affect purchases made prior to the effective date of the fee change.
6.4. All payments are facilitated through a third-party payment processor (e.g. Paypal). WS is not responsible for possible third-party payment costs.
7.1. The liability of WS is limited. WS and its affiliates shall not be liable for any loss or damage suffered by the Customer, unless it results from WS’s wilful misconduct, gross negligence or fraud. In any event, WS and its affiliates shall be liable to the Customer only for direct damages incurred by the Customer and the aggregate liability of WS shall be limited to the Service Fee paid by the Customer.
7.3. To the extent allowed under applicable law, the Customer shall indemnify, defend, and hold WS and its affiliates harmless from and against any and all claims and damages filed or incurred by any third party arising out of a breach of any warranty, representation, or obligation hereunder.
9.1. Invalidity, nullity or unenforceability of any single provision of the Terms of Service does not affect the validity or enforceability of any other provisions. In case the parties detect an invalid provision, the parties will substitute it with an enforceable provision that approximates the intent and economic effect of the affected provision.
10.1. These Terms of Service are governed by Estonian law. The parties will try to resolve any disputes arising from these Terms of Service by amicable negotiations. If any disputes arising out of or in connection with the Terms of Service cannot be resolved by negotiations within a reasonable period of time, they will be settled in Harju County Court in Tallinn, Estonia.