The present Terms of Service, which include the Privacy Policy and or any further or additional terms as may be prescribed or displayed on this Website, are a legally binding contractual agreement between You [hereinafter referred to as “User", “Registered User”, "You," "Your"] and WorkFulcrum, which is the owner and operator of the domain name and website "www.workfulcrum.com" [hereinafter referred to as “Website”, "We", "Us"]. By accessing, visiting, or using the Website and/ or accessing, visiting or using the services available on the Website, you agree to be legally bound by these Terms of Service and all other Terms as mentioned on the Website. We reserve the right to revise or modify these Terms of Service and all linked information from time to time at our sole discretion without any prior notice and the same shall be applicable as and when revised or modified. If you do not agree with the present Terms of Service, you may immediately discontinue the use of our Website. Your use of our Website is at your own risk and there are no warranties express or implied. In addition, it is your responsibility to review these Terms of Service and the privacy policy periodically.
The Website provides a Service that enables Freelancers and Employers to connect with each other through the Website for seeking and/ or providing Professional Services. Employers may create Registered Accounts on the Website, Create Profiles, and seek Professional Services. Similarly, Freelancers may create Registered Accounts on the Website, Create Profiles, and offer Professional Services. The Website shall act as a platform to connect the Employers with the Freelancers and charge a Service Fee from both the Employer and the Freelancer for providing the said Service. By using the Website and engaging in any transaction with either an Employer or a Freelancer, you agree to make the payment for the Professional Service through the Website and agree to pay the Service fee as prescribed by the Website in accordance with the present Terms of Service and other terms as mentioned on the Website.
To access and use 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. By creating an account and becoming a Registered User, you accept all the present Terms of Service and agree to fulfill any and all obligations in accordance with the use of the Website.
We provide Registered Users with certain services and benefits subject to these Terms of Service. We reserve the right to add, delete or modify some or all of such Services at any time at our sole discretion without any notice. A Registered User can create a Registered Account on the Website subject to the present Terms and Conditions. We reserve the right to cancel or block such Registered Account at our sole discretion in case of any breach of the present Terms and Conditions and/ or any of the Terms mentioned on the Website. For the creation of an Account, you undertake and agree to provide true, accurate, and complete information as prompted by the registration form and all forms you access on the Website. You shall be liable for all information provided by you and shall be liable for any false or misleading information. You may create a profile under your Registered Account wherein you may post the offering of or requirement of Professional Services. As a Registered User, you agree that you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. Any access made through your Account by using your User Name and Password shall be deemed to be made by you and you shall be liable for all actions through the said Account. In case of any unauthorized use, you shall notify us immediately.
We provide Registered Users with different membership options as mentioned on the Website. The offering, use, availability, and eligibility of these membership options is solely at our discretion and are subject to the present Terms and Conditions and other Terms and mentioned on the Website. All Membership Options and benefits may be withdrawn or modified at our sole discretion without any notice.
We will not treat any information that you provide as proprietary, private, or confidential. We have no obligation to monitor information or posts to our Website or to exercise any editorial control over such information or posts. However, we reserve the right to review such information or posts and to remove any material that in our judgment, is not appropriate or contrary to any law in force. Posting, transmitting, promoting, using, distributing, or storing information or any content that is inappropriate or contrary to any law in force is prohibited and including without limitation, information, and material protected by copyright, trademark, trade secret, nondisclosure, or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat or violates export laws. You shall be solely liable for any such material, information, or posts made by you on the Website and we assume no liability for any consequence of the same.
The Website provides the service of connecting an Employer and a Freelancer. The terms of engagement or hiring of a Freelancer by an Employer are to be decided between an Employer and a Freelancer and the Website has no role in the same. Upon acceptance of an offer by an Employer or a Freelancer, the Employer agrees to purchase, and the Freelancer agrees to deliver the Professional Services and related deliverables in accordance with the terms of engagement agreed between the Employer and the Freelancer. The Employer is responsible for making the necessary payment for such Professional Services and the Freelancer is responsible for carrying out and delivering the said Professional Services. The Employer and Freelancer are responsible for deciding the terms of engagement and the capability or veracity of such Employer or Freelancer. The Website is in no manner liable for any breach of terms of engagement between the Employer and Freelancer. The Website in no manner liable for any discrepancy or shortfalls in the Professional Services of the Freelancer or any dispute inter between the Employer and the Freelancer.
All payments made for engaging a professional service by an Employer from a Freelancer shall be made through the Website only and shall be subject to a Service Fee payable to the Website. Such Service Fee shall be chargeable from both the Employer as well as Freelancer and shall be strictly Non-Refundable. The Website shall not refund either partly or wholly the Service Fee once charged from a Registered User under any circumstances. The details of the Service Fee payable shall be mentioned on the website and form part of the Terms of Service.
The payment towards engaging a Freelancer by an Employer shall be payable by the Employer upfront at the time of confirming the service/ job. Such payment shall include the Service Fee payable by the Employer to the Website. Once the service/ job is completed by the Freelancer, such payment shall thereafter be disbursed to the Freelancer after deducting the Service Fee payable by the Freelancer to the Website.
In case the employer is not satisfied with the quality or quantity of the service as per the terms of engagement, the Employer may intimate the Website of the same and the Website may direct the Freelancer to correct or rectify the discrepancy or deficiency in the service within a period of 7 days to bring it in accordance with the terms of engagement. The Freelancer is bound to correct or rectify the discrepancy or deficiency in the service in case the Website directs it, and the Freelancer shall correct and/ or rectify the job/ service up to the standard as specified in terms of engagement. In the event the Employer is thereafter satisfied with the corrected or rectified job/ service, the website shall disburse the payment to the Freelancer. In the event the Employer is still not satisfied with the quality or quantity of the service as per the terms of engagement, the Employer may intimate the Website and the Website may refund the payment to the Employer at its sole discretion. It is reiterated that the Service Fee payable by the Employer and the Freelancer shall be entirely non-refundable and only the amount payable by the Employer to the Freelancer may be refunded to the Employer at the discretion of the Website. The Website reserves the right to withhold or disburse the payment to the Freelancer despite the intimation of discrepancy in the job/ service by the Employer. The payment terms mentioned on the Website shall form part of the Terms of Service.
In the event a dispute arises between the Employer and the Freelancer, the Website shall not be liable in any manner whatsoever. However, at the sole discretion of the Website, the Website may in case it deems fit, appoint a third party arbitrator or mediator to resolve the said dispute. However, the Website is under no legal obligation to do so. The decision of such a third party arbitrator or mediator shall be binding on the Employer and the Freelancer.
The Website shall not be liable for payment of any taxes applicable on a User/ Registered Use/ Employer/ Freelancer and the Website shall not be responsible for payment of any taxes or statutory obligations on their part. The Website is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes unless otherwise required by law. You agree that you will abide by any and all applicable state and central tax statutes, regulations, and all other legal obligations. In the event the Website is put to any notice or is required by any law to pay any tax liability on behalf of the User/ Registered Use/ Employer/ Freelancer, the Website shall be entitled to recover the same from such User/ Registered Use/ Employer/ Freelancer.
The User/ Registered Use/ Employer/ Freelancer agrees to pay all such payments, membership fees, and service fees as applicable on such User/ Registered Use/ Employer/ Freelancer through the payment gateway of the Website. Such payments, membership fees, and service fees shall not be refunded, returned, or adjusted under any circumstances except as per the present Terms of Service. You authorize and accept that the Website shall charge the Service Fee from the Employer by adding the Service Fee amount to the amount payable by the Employer to the Freelancer. You further authorize and accept that the Website shall charge the Service Fee from the Freelancer by deducting the Service Fee amount from the amount payable by the Employer to the Freelancer..
The Website reserves the right to change any fees payable by a Registered User at any time, at the sole discretion of the Website. No refunds of fees already paid will be given except as per the present Terms of Service. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
You accept and acknowledge that in the event of Erroneous or Duplicate Transactions, the Website reserves the right to seek reimbursement from you, and you will reimburse the Website accordingly. You agree to and acknowledge the Website’s right to investigate any and all transactions for errors or fraud. Further, you agree to cooperate with any reasonable requests made by the Website to the best of your ability. You agree that the Website has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third-party collection agency.
All Users/ Registered Users/ Employers/ Freelancers agree to use the Billing and Payment Gateway or Services of the Website to make and receive all payments whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the Website’s Billing and Payment Gateway or Services or any associated fees.
The Employer and Freelancer each covenant and agrees to act with good faith and fair dealing in performance of the Services. The Employer and Freelancer each acknowledges and agrees that their relationship is that of independent contractors. The Freelancer 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 employer-employee relationship between the Freelancer and Employer or between the Website and any Employer or Freelancer. In case it is found that an Employer and Freelancer who are Users/ Registered Users of the Website have engaged in any dealing related to professional services to the exclusion of the Website at any point of time, the Website reserves the right to Blacklist such Employer and Freelancer.
The Website is not a party to the terms of engagement, dealing, contracting, and fulfillment of any Job or Professional Services between an Employer and a Freelancer. The Website 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 Job or service listings, the qualifications, background, or abilities of Registered Users, the ability of Freelancers to perform services, the ability of employers to pay for services, or that an Employer or Freelancer can or will actually complete a Job or professional service. The Website is not responsible for and will not control the manner in which a Freelancer operates and is not involved in the hiring, firing, discipline, or working conditions of the Freelancer. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Freelancer. The Website will not provide any Freelancer with any materials or tools to complete any job or service. Employers and Freelancers must look solely to each other for enforcement and performance of all the terms of engagement between the Employer and the Freelancer.
The Employer and Freelancer 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 Job Agreement. The Employers and Freelancers agree that the Website has the right to take such legal actions against the Employer and the Freelancer for breach of any of the Terms of Service as the Website in its sole discretion deem necessary to protect the value, reputation, and goodwill of the Website. The Website shall have no obligation or liability to enforce such terms of engagement between the Employer and Freelancer and shall assume no liability whatsoever arising from the non-performance of any job or service or terms agreed between the Employer and Freelancer.
These Terms of Service shall become effective as your contractual agreement upon your first access or use of the Website, and shall continue until you continue to be a Registered User or stop using the Website, whichever is later.
You are solely responsible for all information posted or uploaded by you on the Website, including but not limited to any audio, video, or photographic content of any posting, information or listing made or any other content of a personal nature including but not limited to your resume, biography, work history, etc. By doing so, you retain ownership of the Intellectual Property Rights in such contents however you grant the Website a perpetual, worldwide, irrevocable, and royalty-free license to all Intellectual Property Rights contained therein. You agree that all information posted or uploaded by you on the Website does not infringe any third party's rights, including but not limited to intellectual property, publicity or privacy; be defamatory, trade libelous, threatening, or harassing; nor be obscene, indecent or contain pornography. The Website does not endorse any information posted by you and the Website is 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.
You represent, warrant, and agree to abide by the Terms of Service and all other Terms mentioned on the Website. You represent, warrant, and agree not to grant unauthorized access to your Registered Account to any person. You represent, warrant, and agree to be fully responsible and liable for any action of any user who uses your Account. You represent, warrant, and agree not to use your Account, username, or password of another Registered User that you are not expressly authorized to use. You represent, warrant, and agree not to allow any third party who is not authorized to do so to use your Account at any time. You represent, warrant, and agree 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. You represent, warrant, and agree not to intercept or expropriate any system, data, or personal information from the Website. You represent, warrant, and agree 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. You represent, warrant, and agree that you are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users. You represent, warrant, and agree that you will not use the Website or its services to defraud or mislead any person or entity, including without limitation the Website or any Register User. You represent, warrant, and agree that you will not use the Website to violate any law or regulation of India or any international law or treaty.
If you have a dispute with another Registered User, you release the Website (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any legal proceedings including claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You agree to defend, hold harmless and indemnify the Website from and against any and all losses, costs, expenses, damages or other liabilities incurred by the Website from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against the Website (1) in connection with your use of the Services including any payment obligations incurred through use of the Website Billing and Payment Services; or (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or terms of engagement or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Freelancer; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Freelancer..
The Website may contain links to third-party web sites not under our control or operation. 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. You are responsible for the creation, storage, and backup of your business records. These Terms of Service and will not be construed as creating any responsibility on the part of the Website to store, backup, retain, or grant access to any information or data for any period.
The Website shall 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. No delay or omission in exercising our rights or remedies will impair our 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.
If any part of these Terms of Service or other Terms mentioned on the Website 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. 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 the Website, and any attempt to do so will be null and void. The Website may assign these Terms of Service at its sole discretion.
The Website reserves its right to stall, modify, suspend, alter or extinguish the present Terms of Service including the other terms mentioned on the Website without prior notice. The Website further reserves the right to stall, modify, suspend, alter or extinguish any right or liability under the present Terms of Service including the other terms mentioned on the Website in the event of any force majeure event or act of god including labor disturbances, accidents, pandemics, epidemics, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.p>
These Terms of Service including the other terms mentioned on the Website and all documents referenced in these Terms of Service and/ or Website (including the policies listed and available by hyperlink) comprise the entire agreement between you and the Website with respect to the use of this Website and supersede all prior agreements between the parties if any.
Any dispute arising out of the present Terms of Service including the other terms mentioned on the Website shall be subject to the jurisdiction of Delhi and shall be resolved by way of Arbitration. The Arbitration proceedings shall be held in Delhi with its seat in Delhi by a sole Arbitrator. The sole Arbitrator shall be nominated and appointed by the Website and the parties shall be bound by the decision of the Arbitrator.
General: At an Employer's request, upon payment to WorkFulcrum by Employer for services to be rendered by a Freelancer, WorkFulcrum will assume responsibility for the payment for such Freelancer's services (less applicable Service Charge). WorkFulcrum agrees not to pay Freelancers for services until after the occurrence of an Employer's Acceptance of Services. You acknowledge that such funds will belong to WorkFulcrum immediately upon such funds being transferred to WorkFulcrum by you. However, WorkFulcrum agrees to refund such funds to Employer in the event that (a) a Freelancer acknowledges that services have not been completed or (b) Employer and Freelancer have concluded the process comprising the Arbitration Service with a result indicating that Employer is the rightful recipient of such funds. WorkFulcrum agrees to keep both Employer and Freelancer informed as to the status of the Assumed Payment Liability and if, for any reason, a party requests Arbitration Service regarding such status, will notify both parties that the matter will be addressed through the Arbitration Service.
WorkFulcrum would charge a nominal commission of 3% from employers on the invoice value. If the freelancer bills you for INR 1000 your total payment would be INR 1030 + applicable taxes.
For Freelancers the commission charge would be 8%. If the total invoice value is Rs 1000 then the post deduction of the commission amount (Rs 1000- Rs 80) you will receive Rs 920.
Payment Disputes: If an Employer or Freelancer reasonably disputes the quality or completion of services provided by such Freelancer, then both Employer and Freelancer agree that WorkFulcrum shall have no payment obligations to any party related to relevant fees until such dispute is resolved in accordance with Section 6 below. WorkFulcrum's obligation to pay any Payment (less applicable Service Charge) is expressly conditioned upon resolution of all outstanding disputes with respect to such Payment.
(C) Funds Transfer General: To receive funds due to you, you must request such funds and indicate your selection of the funds transfer methods available on the Website. Any such requests shall be subject to the conditions and restrictions contained on the Website and in these Terms of Service. Notwithstanding any other provision of these Terms of Service, if WorkFulcrum determines in its sole discretion that a Registered User has violated the conditions and restrictions of the Website or Terms of Service, WorkFulcrum has the right to refuse to process such request.
Hold on Transfers: WorkFulcrum reserves the right, at its sole discretion, to place a hold on requested transfers if WorkFulcrum suspects monies may be subject to charge back, bank reversal, failure to clear or fraud. WorkFulcrum will release a hold as soon as practical.
(D) Legal Relationship WorkFulcrum is not your agent with respect to any funds that have been transferred to WorkFulcrum for any Assumed Payment Liabilities.
Each Freelancer must properly discharge and credit Employers for all payments that WorkFulcrum makes to such Freelancer in respect of services provided to such Employers.
WorkFulcrum acts as a payment provider by creating, hosting, maintaining, and providing the WorkFulcrum Billing and Payment Services to you via the Internet. WorkFulcrum does not have any control over the services invoiced or paid for with the WorkFulcrum Billing and Payment Services. Additionally, WorkFulcrum does not control whether an Employer or Freelancer will actually complete the underlying transaction. WorkFulcrum is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or workmanship of any work product produced by a Freelancer as a result of an awarded Job. Nothing in these Terms of Service will be deemed to constitute WorkFulcrum as your agent with respect to any service purchased and sold by Registered Users through the Website, or expand or modify any warranty, liability or indemnity stated in these Terms of Service.
By using the WorkFulcrum Billing and Payment Services, you expressly acknowledge that
WorkFulcrum is not acting as a trustee or a fiduciary of Employers or Freelancers and that the WorkFulcrum Billing and Payment Services are provided to Registered Users administratively;
WorkFulcrum is not a "financial institution" as defined under the Bank Secrecy Act (BSA) and the WorkFulcrum Billing and Payment Services are payment services rather than a banking services; (c) WorkFulcrum IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH WorkFulcrum ARENOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
(E) Miscellaneous Payment Terms
Authorized Payments are Final: Your use of the WorkFulcrum Billing and Payment Services constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your credit card, bank account, or PayPal account. Such payments, once authorized, are final. When an Employer's Acceptance of Services has occurred, (i) WorkFulcrum shall have no further liability to any party with respect to Payment for such services, (ii) Employer acknowledges that WorkFulcrum has provided a complete service in respect of the payment made by Employer for the Assumed Payment Liability or Invoice, as applicable and (iii) Employer hereby releases WorkFulcrum from any and all liability with respect to such Payment.
Fraudulent Transactions: Erroneous or Duplicate Transactions; Charge Backs. WorkFulcrum reserves the right to seek reimbursement from you, and you will reimburse WorkFulcrum, if WorkFulcrum discovers a fraudulent transaction, erroneous or duplicate transaction, or if WorkFulcrum receives a charge back or reversal from any Employer's credit card company, bank, or PayPal for any reason. You agree to and acknowledge WorkFulcrum's right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by WorkFulcrum in an effort to investigate fraud. You agree that WorkFulcrum has the right to obtain such reimbursement by charging your Account, deducting amounts from future transfers, charging your credit card or any bank account associated with your Account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your Account.
Currency: The WorkFulcrum Billing and Payment v operate in US Dollars and therefore WorkFulcrum is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is WorkFulcrum responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account, credit card account or PayPal account. Exclusivity and Non-Circumvention: Employers agree to use the WorkFulcrum Billing and Payment Services to make all payments to Freelancers, whether first-time, repeat, or follow-on. You also agree not to take any action directly or indirectly to circumvent the WorkFulcrum Billing and Payment Services or any associated fees. As a Freelancer, you agree to use WorkFulcrum Billing and Payment Services to receive all payments from Employers identified through the Website, whether first-time, repeat, or follow- on. Additionally, you agree not to circumvent the WorkFulcrum Billing and Payment Services or any associated fees.
Notification: As an Employer, you agree to notify WorkFulcrum immediately if your Freelancer solicits payment from you outside the Website. As a Freelancer, you agree to notify WorkFulcrum immediately if your Employer seeks to pay you outside the Website. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the WorkFulcrum Billing and Payment Services, please submit a confidential report to WorkFulcrum via email on support@workfulcrum.com Agreement to Pay: If, for any reason, WorkFulcrum does not receive payment for any amounts that you have authorized to be paid through your use of the WorkFulcrum Billing and Payment Services, you agree to pay such amount immediately upon demand by WorkFulcrum. You also agree to pay any interest charges, attorneys' fees and other costs of collection incurred by WorkFulcrum in collecting from you the authorized but unpaid amount. In such case, WorkFulcrum may, at its option, stop processing any further payments made by you and apply any amounts then held by WorkFulcrum on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the WorkFulcrum Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Arbitration Service
(A) Eligibility
WorkFulcrum offers the Arbitration Service to those Registered Users that have funds in securePay and requested WorkFulcrum to assume all or a portion of the payment liability for services and who are engaged in a dispute over a Job that is (i) Pursuant to a Job posting by an Employer through the Website, (ii) Pursuant to a Quote for by a Freelancer through the Website for such Job posting and (iii) Pursuant to an acceptance through the Website by the Employer for such Quote. Employer and Freelancer agree and acknowledge that, with respect to Assumed Payment Liabilities, any and all disputes relating to the underlying fees shall be governed by the terms of this Section 6.
(B) Process
Arbitration: In any case where the Employer and a Freelancer cannot mutually agree on the distribution of the funds, you expressly agree to and acknowledge that WorkFulcrum or a third party chosen by WorkFulcrum will arbitrate the dispute in accordance with these Terms of Service and the Website. You acknowledge and agree that WorkFulcrum will construe any Job Agreement based on the transaction's course of dealing and common industry practices. Specifically, in rendering its decision, the arbitrator shall only be obligated to consider the following: (i) the Job Agreement, (ii) the parties' course of dealings, as evidenced by activity on or communications through the Website, (iii) the Job itself and (iv) any information or communication that the Employer and the Freelancer submit for review. WorkFulcrum shall render its decision within five (7) days of the Arbitration being opened. During this time, you are encouraged to continue to negotiate an amicable settlement with each other. You agree that the decision of WorkFulcrum, acting as an arbitrator, shall be final, binding, and not subject to appeal. Accordingly, within a reasonable time after we have rendered a decision, we will transfer funds in accordance with the arbitrator's decision.
In the event that you are the prevailing party in its arbitration decision, you agree that you shall have no right, title to, interest in or license to the Job that is the subject matter of the dispute. In such case, you agree to return any physical copies of such Job in your possession and destroy any electronic copies that you have.