Terms & Conditions Last update 1 year ago

Welcome to Workfyx.com.

The following terms of service ("Terms of Service") apply to your use of the Workfyx website and mobile application, owned by FyxNetwork; a subsidiary of PreciousX, including all content, functionality, and services made available on or through www.workfyx.com or the Workfyx mobile application (the "Site"). "Workfyx," "we," and "us" refer to Workfyx and its affiliates, while "you" and "user" refer to you, the Site visitor or customer.

Before using the Site, please make sure you fully understand and agree to the Terms of Service.You accept and agree, either on your own behalf or on behalf of your employer or any other entity (if applicable), to be bound and to comply with these Terms of Service and the Workfyx Payment Terms, found here ("Payment Terms"), which is incorporated herein by reference, by using the Site, opening an account, or clicking to accept or agree to the Terms of Service when this option is made available to you. You also confirm that you have read and comprehended our Privacy Policy.You may not access or use the Site if you do not agree to these Terms of Service or the Privacy Policy. Please refer to the designated articles above for additional information regarding the Site's activity and usage rules.

Users of this Site must be at least 18 years old and of legal contracting age to use this Site. If you are under the age of 18 but are at least 13 years old, you may use the Site only if you have been given permission to do so by a parent or legal guardian whose account you will be using. The Site and the Workfyx services are not intended for users under the age of 13. If you want to use the Site, you need to confirm that you qualify in every way. You may not use the Site or use its features unless you meet all of the following conditions.

If you have any queries about the Site or the Terms of Service, you can contact our Customer Support staff at any time. To get in touch with our support staff, just fill out the form on this page.

All texts on the Site, including these Terms of Service, were originally written in English. This translation is provided by Workfyx as a courtesy. The English version shall take precedence over any translated version in the event of a dispute.

Key Terms

Buyers: A registered users who have purchased a service on Workfyx.

Workfyx Business: A shared Buyer account set up through Workfyx Business, as described in the Workfyx Business Terms of Service (here).

Business Account Team Member or Team Member: Any user who has been invited to or who uses a Business Account is considered a member of the team.

Custom Offers: When a Buyer has very specific needs, the Seller can make a unique proposal called a "Custom Offer" to meet those needs.

Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.

Gig® Extras: An optional, supplementary service that can be purchased in addition to the Seller's Gig for an additional fee set by the Seller.

Gig® Packages: This lets Sellers offer their skills in a variety of ways and at different prices. Upgrades can be added to packages, which lets Sellers set a base price for their service that is higher than $5.

Gig® Page: This is where the Seller describes their Gig and the terms of the Gig, and where the Buyer can buy the Gig and make an order.

Gig® / Gigs®: These are services offered on Workfyx.

Logo Design: is an original design for a logo uploaded by a Seller through the Workfyx Logo Maker.

Logo Maker is the automated logo design tool offered by Workfyx to users as further explained in these Terms of Service.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.

Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Gig Page.

Sellers are users who offer and perform services through Gigs or through the Logo Maker on Workfyx.

Insight (Key Concepts, Summarized)

Workfyx is a marketplace exclusive to registered users. Costs nothing to sign up. You must not create an account with the intent of committing fraud or misrepresenting your true identity, and you must supply us with accurate, complete, and up-to-date information when registering for an account. Every action taken under your account's password is entirely your responsibility. Anything you do with your account is at your own risk, and we won't be held responsible if something goes wrong.
The starting price for gigs on Workfyx could start for as little as $5. Depending on the Seller's discretion, some Gigs may have a starting price of more than $5.
To place an order, buyers must first pay Workfyx in advance (for details, see Payment Terms).
Customers place orders by clicking the "Order" button on a Seller's Gig page or by making a Special Offer.
Please go to the Payment Terms for information on fees and payments.
It is not acceptable for sellers to routinely or unreasonably delay or cancel purchases. Sellers' reputations and profiles are affected if customers cancel their orders.
As a seller's reputation and sales volume grow, so do their account privileges (Levels). The perks of upgrading to a higher tier include the ability to charge more for your services through Gig Extras and to sell your Gig in multiples.
Users are not allowed to propose or accept alternate payment methods outside of the Workfyx.com ordering system.
If a Seller does not specify differently on their Gig profile, the Buyer will acquire ownership of all intellectual property rights to the supplied work. Please be aware that the Commercial Use License may cost extra (through Gig Extras) for particular Gigs. Please refer to the "Ownership" and "Commercial Use License" sections of this document for additional details.
All published delivered works and Logo Designs remain the property of Workfyx and may be used for marketing and promotional reasons
Confidentiality is important to us. Our Privacy Statement is available here.
In addition to these Terms of Service, Users agree to follow the Workfyx Community Standards, which are a set of rules and principles governing behavior within the Workfyx community and marketplace.
Users of Workfyx have access to a graphics platform called Graphfyx, wherein particular Sellers can list a wide range of unique logo designs that Buyers can modify and personalize to their liking utilizing advanced automated design tools. Buyers can get exclusive rights to commercially utilize the branded design including their logo through the Graphfyx Portal.

FREELANCERS

Basics

On Workfyx, Freelancers offer their services to Buyers by posting "Gigs".
In addition to their Gigs, freelancers can provide buyers with Personalized Deals.
After a Gig has been purchased and successfully completed, your account will be credited with 92% of the sale price.
Once a job is finished, Workfyx verifies the Freelancer's status. For an explanation of what we mean by a "completed order," please refer to the "Orders" section.
Please review the Payment Terms for details on how to make a request for payment and any associated fees or taxes.
Google Ads is not allowed to be used by freelancers to advertise their Gigs or other material on Workfyx.
Customer and Business Account Team reviews of completed orders are used to determine the Freelancer's overall grade. A Freelancer with a high rating can progress through the ranks (described in more detail below). A Freelancer's account could be terminated due to extremely low ratings.
If Workfyx suspects a Freelancer is engaging in fraudulent or otherwise illegal activities, it may temporarily block the Freelancer's ability to withdraw earnings. This could happen if there are security concerns, if other users identify suspicious activity, or if many accounts are linked to the same withdrawal service on Workfyx.
Freelancers must take the initiative to secure adequate general liability insurance for the risks inherent in providing their services.

Gigs®

Based on their Level, freelancers can have a certain number of live Gigs posted at any given time.
8 Gigs for Freelancers with no Level.
Freelancers at Entry Level can get 16 gigs.
24 gigs for Freelancers with Intermediate status.
36 Jobs for the Best Freelancers
User-generated content describes the Gigs posted on Workfyx.
Workfyx reserves the right to remove any gig or user from the Site for any reason, including (but not limited to) the following infractions or materials:
Fraudulent or Illegal service
Our Intellectual Property Claims Policy can be found here and should be used to report any instances of alleged copyright or trademark infringement or violation of a third party's terms of service.
Help for older people, Gigs that are intentionally pornographic, inappropriate, or obscene
Intentional copies of Gigs
junk mail, drivel, violence, and lies. Gigs
Misleading Gigs for Customers or Other Parties
The Resale of Controlled Substances
Proposing to do academic works, homework or other schoolwork for clients
Low quality services or deliveries
Marketing Workfyx or Workfyx Gigs in a way that breaks the law, violates regulations, or violates the terms of service of a third party, or that has any other detrimental effect on our user base or business partnerships is strictly forbidden.
Freelancer accounts may be suspended if they have gigs removed for the reasons given above.
Gigs that have been deleted due to violations cannot be recovered or modified.
In the event of poor performance or user misconduct, we reserve the right to remove gigs from our listings.
The description and requirements section of a Gig may contain links to external websites if those websites have been pre-approved. We have the right to remove any gig that links to a website that promotes content that is in violation of the Terms of Service or our Community Standards.
Gigs must include a photo that is relevant to the service being provided. All Freelancers get access to two extra Gig picture uploads. Freelancers are obligated to provide the same level of service as portrayed in their Gig photos. If the Freelancer consistently fails to meet the quality standards outlined in the Gig description, their account may be temporarily or permanently terminated.
Approved Gig Videos can be added to Gigs using the Gig management features on Workfyx.
It is not allowed to make claims on the Gig Page that contradict or attempt to get around these Terms of Service.
Gigs that fall into certain Categories are allowed to create Gig Packages, which allow them to present their services in a more organized way at a range of different prices.
Only Pro Freelancers can post gigs in those specific areas. Creating a Gig for a service that is restricted to Pro Freelancers only can get your Gig removed.

GigX®

The Freelancer's GigX are optional add-on services that can be purchased at an additional cost.
If GigX is banned, it's because they broke our rules and/or the rules of the community. Please refer to the Gigs section above for a detailed explanation of the services that are prohibited by our TOS. If a gig is discovered to be in violation of GigX, it may be removed.
The price per GigX and the total number of GigX that can be offered are both determined by your Freelancer Level. You may learn more about whether or not your account qualifies for GigX here.
Any add-on services provided through GigX must be cohesive with the primary service and included in the Order's deliverables.
GigX could extend to include a wide variety of service types that all contribute to a superior final product.
For each GigX added to an Order, the Freelancer has the option to prolong the Order's term by the same amount of time. The fee reflects the additional time required to carry out the job.

Levels

Workfyx's primary focus is on empowering Freelancers to maximize their potential. Our mission is to provide effective resources to successful Freelancers so they can expand their business. Self-promotional efforts by Freelancers may lead to happier clients. If they stick to their deadlines and keep their ratings high, Workfyx may promote them to higher-level accounts with access to more resources.

Account Levels are earned by Freelancers on Workfyx based on their productivity, quality of work, and overall reputation with clients. Here are the requirements for promotion.
An automatic system refreshes Level progression on a regular basis.
Currently, a Freelancers can advance from Level 1 to Level 2 to Top Rated.
If a freelancer is unable to provide consistently high quality work, suffers a significant reduction in ratings, or begins to consistently miss deadlines, they run the danger of losing their Freelancer status and the perks that come with it. A Freelancer's Level might change for a variety of reasons, including but not limited to late deliveries, account warnings, and cancellations.
The owners of Gigs with higher levels can do things like charge more for them by adding GigX or even sell copies of their Gig.

Freelancers at the Top of Their Game

Freelancers with the highest ratings, reviews, sales volume, percentage of orders completed, and customer satisfaction rates are hand-picked by the Workfyx team on a regular basis. Freelancers may be required to take examinations or take other measures to prove their eligibility for certain categories. Freelancers who have achieved the highest levels of success receive special perks, such as early access to new features and priority service.
Workfyx is regularly assessing Top Rated eligibility to maintain the high standards expected of top rated hires. In light of this assessment, Workfyx reserves the right to modify a Top Rated Seller's standing. In addition, Top Rated Freelancers risk losing their status and the perks that come with it if they experience a significant decrease in ratings, stop delivering on time, experience an increase in cancellations, or violate our Terms of Service and/or Community Standards.

Expert Freelancers

To become an Expert Freelancer, one must first pass a screening process conducted by editors at Workfyx. Both new professional freelancers and current Workfyx Freelancers are welcome to apply for Workfyx Pro.
Workfyx is always checking the qualifications of Pro Freelancers to make sure they still meet the high standards expected of Pro Sellers. In light of this assessment, Workfyx reserves the right to modify a Pro Seller's status. Pro Freelancers that have a significant decrease in ratings, a stop in timely deliveries, a rise in cancellations, or a violation of our Terms of Service are also subject to having their Pro membership and associated perks revoked.

Workfyx Business Catalog

When it comes to larger teams and enterprises, Workfyx Business is the freelance platform that fits the bill. Professional requirements for freelancers listed in the Workfyx Business catalog. Workfyx will periodically inspect the professionalism of all qualified Freelancers whose Gigs are featured in the Workfyx Business catalog. Freelancers and Gigs posted on Workfyx may be removed at any time.

Freelancer Functions

Freelancers on Workfyx have access to special tools that provide them greater control over how their services are presented to clients.

Custom Offer

Custom Offers are sent by freelancers to clients to meet their unique needs.
The Freelancer creates a unique offer detailing the service, the cost, and the estimated time of completion.
From the dialogue page, you can send a personalized offer.
Workfyx's Terms of Service and/or Community Standards may not be broken by services offered through Custom Offers.

Project Milestones

If your gig or custom offer is over $100, you can set up to six milestones, with a minimum of $50 each milestone and a minimum of two milestones for the entire project. The terms of each Gig or Custom Offer include the payment and delivery schedule for each milestone.
Clients have the option to either continue with the Order and pay for the subsequent milestone once a completed milestone has been delivered, or cancel the Order. The Order will not begin under the subsequent milestones if Buyer does not pay for it within 10 days of accepting the previous milestones. If no acceptance or request for change is received within 8 days of a milestone being marked as Delivered, the milestone will be considered complete and no subsequent milestones will be initiated.

Gig Subscription

The "Gig Subscription" is a subscription service that a Freelancer may provide to a Client for a certain Gig. Seller agrees to provide Buyer with one Order of the same Gig on a recurrent basis for the duration of the Gig Subscription.
Prior to making any payment on an upcoming Order under the Gig Subscription, the customer has the option to cancel the Order. Any pending Orders for the Gig Subscription would be canceled in this scenario. After making a payment, the Order Cancellation policy outlined in the Payments Terms by Workfyx will go into effect.
Freelancers have the option to end their Gig Subscription up to 10 days before their next automatically placed Order. If you cancel an order through Workfyx, the terms outlined in the Payments section will apply.

Workfyx Studios

Some Freelancers can join forces in a Workfyx Studio to provide Clients with a more comprehensive service offering (a "Studio Gig").
Freelancers with managerial experience are welcome to apply for the role of Studio Lead at Workfyx Studios. Studio Leads are selected on an ongoing basis by editors at Workfyx based on a number of factors, including but not limited to: seniority, sales volume, ratings, customer service, order completion rate, and more. The Studio Head is in charge of inviting potential Team Members and overseeing all incoming Orders from initial contact with the Client through any necessary adjustments and ultimate delivery. A Studio Member's participation in a Studio Gig may be terminated at any moment by the Studio Lead. However, Studio Members can only be deleted in regards to active Orders by contacting Customer Support.
Studio Members: A Studio Lead may invite other Freelancers (each, a "Studio Member") who have also been selected by Workfyx as qualified for Studios collaboration to join their Studio Gig and be allocated to a certain service. To be removed from a Studio Gig, all a Studio Member has to do is ask.
Studio Gigs are Gigs that include many services (often between two and five) rather than just one. The bare bones minimum for a Studio Gig is $100 USD. Since a Studio Gig is made up of various services, the Studio Lead sets the rates for each one and determines which Studio Member or Studio Lead will be responsible for each one when the Studio Gig is created. It's possible that Workfyx Studios will provide Special Deals.
Each Workfyx Studio can only have one Studio Lead. A Studio Lead is also restricted to managing only one Workfyx Studio at a time. Up to five people, including the Studio Lead, can work on a single Studio Gig in a Workfyx studio. There is a cap of three Studio Gigs per Studio Member.
Studio Gig Reviews: Clients can rate and evaluate the Studio Gig just like any other Gig on the site. The Studio Gig page, the Studio page on Workfyx, and the profiles of all Studio Members and the Studio Lead for that Studio all provide links to the public purchase rating and review.

Stock Media

Stock media may be used for gigs that qualify for this perk.
In the case of Stock Media with a normal license, the percentage earned by freelancers is 20% of the direct payments. The option for Clients to upgrade their basic license after purchase is not subject to any additional revenue sharing for Freelancers on Workfyx.
Keep in mind that you only have permission to use the Stock Media you've chosen once. The chosen media is used only in conjunction with the final product and is not available separately or for future usage. It is against the terms of service for freelancers to give the client or anyone else access to the original image file. In addition, Shutterstock's Stock Media is subject to its own unique license restrictions. Read on for the full details of the Stock Media license.
Cancelling an Order that contains Stock Media will also cancel the license for that Stock Media, meaning you will no longer have access to it.
Stock Media is not exclusively owned by the Client and is accessible for purchase by anybody.
If you need help with Workfyx, you may reach out to the company's support staff.

Shipping Physical Deliverables

Physical goods (handmade goods, collectibles, etc.) are offered as a service on Workfyx. Freelancers may choose to establish a shipping pricing element for certain jobs.

Physical goods must be shipped to Customers for Gigs where shipping is an additional cost.
When Freelancers add shipping fees to a Gig, they are simply covering the costs they incur when sending clients tangible goods.
Customers who buy Gigs that need to be shipped to them must provide a physical address for delivery.
Once the client gives the mailing address, the freelancer is responsible for making all shipping arrangements.
Workfyx is not responsible for or liable for any damages or other problems resulting from shipping because we do not handle or guarantee shipping, tracking, quality, or condition of things or their arrival.
Having a tracking number is a fantastic method to prevent shipping-related disagreements. If you have a tracking number for your shipment, please input it on the Order Page so that we can keep tabs on its progress.

CLIENTS

Basics

You are not permitted to pay Freelancers directly using any means other than the Workfyx platform.
All delivered works that are made public remain the property of Workfyx and may be used for marketing and promotional reasons.
The Post a Request function allows customers to make service requests. Any service you request on Workfyx must be one that the platform supports. For a list of permitted services, please visit this link. If you're not actively seeking services on Workfyx, don't use the Post a Request tool.

Purchasing

For information on how to make payments using the Workfyx platform and any associated fees or taxes, please review the Payment Terms.
Additionally, Clients can post a Custom Order detailing their unique needs and expectations, and Freelancers can respond with a Custom Offer.
Payment to Freelancers or requests for payment must be made through the Workfyx.com platform only. If you've been asked to switch to a different payment option, please let us know via customer support right away so we can investigate.

ORDERS

Basics

Your order will be processed and assigned a Workfyx order number (#FO) as soon as we receive confirmation of your payment.
According to the service purchased and described on their Gig, freelancers must submit completed files and/or proof of work via the Deliver Work button (found on the Order page).
Freelancers may not use the Deliver Work button in a way that violates the Order Rules outlined in these Terms of Service. If a Freelancer presses the "Deliver Work" button on an uncompleted Order, the Order may be cancelled after review, the Freelancer's rating may suffer, and the Freelancer may receive a warning.
After an Order has been designated as Delivered and acknowledged by a Client, it is considered Complete. If an Order is not accepted and no change request is made within three days of the Order being reported as Delivered, the Order will be declared as Complete automatically. The Client may request a 5-day extension to the deadline.
Clients and Independent Contractors are strongly urged to attempt to work out their differences amicably. Users can get in touch with Workfyx's Customer Support here if the Resolution Center doesn't help or if they run into issues related to prohibited Site usage. Please review the Payment Terms for details on how to resolve issues, cancel orders, and receive refunds.
Upon receipt of Client payment, Logo Maker orders are processed immediately.
If an Order includes milestones, the Freelancer will mark a milestone as Complete once it has been delivered and accepted by the Client. If no approval or request for change is received within 8 days of a milestone being marked as Delivered, the milestone will be automatically declared as complete, but the Order will be halted and no additional milestones will begin. After a deliverable has been accepted, the client has the option of continuing with the Order and paying for the next milestone, or canceling the Order altogether. If Client does not make the required payment within 10 days after accepting the prior milestone, the Order will not commence under the subsequent milestones. To clarify, canceling future milestones will not affect the currently ordered milestone.
If the Freelancer offers subscriptions on their Gig page, clients can sign up for one. During the time of the Gig Subscription, the Freelancer and the Client have agreed to have a new Order of the same Gig created automatically on a periodic basis. By purchasing a Gig Subscription, you consent to have your Workfyx Balance or previously saved payment method charged automatically for each Order placed under the Gig Subscription. In the absence of a preexisting Workfyx Balance or a previously saved payment method, you will be prompted to provide payment approval before placing your next Order. All Orders under the Gig Subscription will be canceled if Client's payment is not processed or received for any reason. Future Orders under the Gig Subscription may likewise be canceled by the Client prior to the time payment is due. After making a payment, the Order Cancellation policy outlined in the Payments Terms by Workfyx will go into effect. Please be aware that Freelancers have the option to terminate their Gig Subscription and all future Orders 10 days before the next scheduled Order is placed.
Some local services offered through Gigs may necessitate a face-to-face meeting between the Client and Freelancer. Clients and Freelancers alike should be aware that Workfyx makes no promises about their behavior, conduct, safety, suitability, or skill. Workfyx has no duty or obligation relating to any local services supplied by the Freelancers, and both Clients and Freelancers acknowledge that all risk arising out of their meeting and/or their use or performance of local services lies exclusively with them. Clients are advised to carry adequate insurance to protect themselves as the property's owner in the event that the service is conducted on Clients' premises. All of the prohibitions on Illegal Use, Inappropriate Behavior & Language, and Targeted Abuse that are outlined below also apply to Orders completed outside of the marketplace on Workfyx.

Handling Orders

When a Client places an order for a Gig, the Freelancer is alerted by email and in-app notifications.
The deadline that a freelancer sets for themselves while posting a Gig must be met. If an Order is designated as late, the Client can cancel it and the Freelancer's reputation could take a hit.
To mark an Order as Delivered, freelancers must submit finished files and/or proof of work via the Deliver Completed Work button (found on the Order page).
Users are responsible for virus-checking all files before they are sent. If something bad happens because you used the site, used some content, or transferred some files, Workfyx is not responsible.
If the provided materials do not match the description on the Freelancer's Gig page or the specifications sent to the Freelancer at the beginning of the order process, the Client may use the "Request Revisions" function accessible on the Order Page while an Order is marked as provided.

Reviews

The Workfyx rating system relies heavily on feedback provided by Customers. See here for more information on the Workfyx review process.
The only time a review will be removed is if it clearly violates our Terms of Service or Community Guidelines.
All reviews must be from valid and eligible orders, as further explained here, to prevent abuse of our review system. If it is proven that purchases were made in order to falsely increase a Freelancer's rating, or if the Workfyx platform was abused by making purchases from several accounts, all linked accounts will be permanently suspended.
It is forbidden to withhold services, data, or information necessary to fulfill the Gig's service in exchange for positive feedback or more work. Freelancers are not permitted to request the mutual cancellation of feedback reviews with their Clients.
All posted reviews become public after the Freelancer and Client have completed their reviews or after the review time has ended, whichever comes first.
If the client chooses to post the Work Sample along with public feedback, the Freelancer's Live Portfolio will be updated to reflect the new content. Images and videos included in a delivery message to a client are considered work samples.
Unfortunately, Logo Maker purchases cannot currently be reviewed.

Disputes and Cancellations

We prefer that our Clients and Freelancers work out any differences amicably. Users who have already tried the Resolution Center without success or who have run into issues with prohibited Site use can get in touch with Workfyx's Customer Support here. Please review the Payment Terms for details regarding resolution of complaints, Order cancellation, and refunds.

Graphfyx Platform

Certain Freelancers on the Graphfyx Platform provide a variety of unique logo designs (each, a "Logo Design") that can be modified and customized by each Client utilizing advanced algorithmic design tools. Clients pay for an unlimited commercial use license (as described below) for the Logo Design created by the Graphfyx Platform.

Freelancers on the Graphfyx Platform are hand-picked by the Workfyx editorial staff based on a variety of factors, including design quality, experience, sales volume, ratings, customer service, order fulfillment rate, and more. To help us discover and prevent copyright or other illegal content, and to control the amount of Logo Designs that each Freelancer can supply, we may use automated technologies that analyze the Logo Designs that are uploaded by the Freelancers.

By submitting a Logo Design to the Graphfyx Platform, you confirm that the Logo Design is your original creation, that you control all rights to the Logo Design, and that the Logo Design does not infringe any third party rights. You also promise that you won't sell the design anywhere else outside the Graphfyx Platform and that it has never been sold before.

Editing Tool Commercial Use License

Customers who purchase a Logo Design also have the option of upgrading to a plan that grants them access to the Logo Maker, where they can generate an unlimited number of customized logos. Workfyx allows Clients a paid, non-exclusive, non-transferable, non-sublicensable, and personal right to use the Logo Maker's editing tool to modify the Logo Design as part of the package Clients purchase from Workfyx.

Please be aware that it is against the rules to resell the Logo Design or any variants on the Logo Design. Workfyx has the right, at its sole discretion, to either make available to you updates to the editing tool or to cease providing the service altogether.

Logo Design Commercial Use License

Upon completion of a Graphfyx order and receipt of payment, the Freelancer will grant the Client a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the Logo Design, which will include the Client's brand name, for any purpose, with the exception of any illegal, immoral, or defamatory purpose. This license is granted "as is," without any express or implied guarantee, including any warranty of merchantability or fitness for a particular purpose. For any claims, or incidental, consequential, or other damages arising out of this license, the Logo Design, or the Client's use of the Logo Design, neither the Freelancer nor Workfyx will be liable. Nothing in this Agreement should be construed to transfer any ownership or copyrights in the Logo Design from the Freelancer to the Client.

User Conduct and Protection

With Workfyx, anybody, anywhere can make, share, sell, or buy virtually any service at an unbelievable price. The variety of gigs available on Workfyx is indicative of the increasing nature of the gig economy. Orders, social media, and the Workfyx Community Forums are just a few of the ways in which members of the Workfyx community interact and communicate with one another.

The atmosphere at Workfyx is always cordial, helpful, and businesslike. Users should remember this when taking part in any Workfyx-related activities or features. In this section, we'll go through some of the guidelines that should be followed by everyone on Workfyx.

If you have any questions about your account, want to report a breach of our Terms of Service or Community Standards, or have any other concerns, please contact our Customer Support staff.

Basics

You may not use the Workfyx messaging system or the Workfyx platform in any way that bypasses or abuses the system, including by asking for or supplying email addresses, Skype/IM usernames, phone numbers, or any other personal contact details for communicating outside of Workfyx.
The Order Page can be used for the safe and secure transfer of any personal data required to maintain a service.
Workfyx makes no promises regarding the quality of service provided to Customers. The Order Page has resources to help you resolve a disagreement.
Users' communications off of Workfyx are not safeguarded in any way.
Only the Workfyx platform may be used for sharing and receiving data and files.
Abusive, threatening, or otherwise inappropriate language or content will result in a warning or the immediate removal of your account.
Anyone can join Workfyx. You agree not to harass, abuse, threaten, or intimidate any other user on the basis of their gender, race, age, religion, sexual orientation, or any other characteristic.
No user may make proposals to, or contact parties introduced through, Workfyx for the purpose of entering into a contract, engaging in activity, or making payment outside of Workfyx.

Orders

Users who order from competing services with the goal to slander competing Freelancers may have their reviews removed or face other account status related actions as assessed by evaluation by our Trust & Safety team.
Users must not spam or otherwise repeatedly contact former Customers or Freelancers in an attempt to persuade them to change or remove feedback or cancel orders that don't comply with the stated policies.

Gigs

Copycat Gigs are reported to Customer Support by users who believe they violate the Terms of Service by offering services that are too similar to those already available on Workfyx.
Each freelancer guarantees that any materials included in their Gigs are their own unique creations and do not infringe on the rights of any third parties, including but not limited to intellectual property rights, trademarks, and service marks. A Freelancer's representation and warranty that they have the right to utilize any music or stock footage that they include into a Gig is conditioned on the Freelancer's possession of a legal license to do so.
Workfyx will respond to properly formatted notices of alleged trademark or copyright infringement. You may learn more about how we handle issues involving intellectual property right here.

Reporting Violations

It is your responsibility to notify us through the procedures established to manage issues related to content that may violate our Terms of Service and/or our Community Standards. Our Trust and Safety team investigates every incident. The investigation's findings are kept secret so as not to violate anyone's privacy. If you want more details, you can look at our Privacy Policy.

Violations

If our Trust and Safety team learns that a user has violated our Terms of Service or our Community Standards, that user may receive a warning in their account settings. A notification will be sent to the user's inbox and a warning will be shown on the Site for that user. A warning does not restrict account access, but repeated infractions can result in the loss of Freelancer privileges or even account termination.

Non-Permitted Usage

Adult Services & Pornography - Adult-oriented or pornographic content and services are not permitted on Workfyx.

Inappropriate Behavior & Language - All interactions on Workfyx should be positive, helpful, professional and courteous. Workfyx strongly opposes any form of bullying, harassment, or hate speech. Our users have access to a messaging system for private communication, a rating system for placing orders, and a variety of larger forums for discussion, including our Community Forum and many Social Media pages.

Phishing and Spam - Protecting our users' privacy is a primary priority. Intentional publication or transmission of malicious content with the express purpose of breaching another member's account or computer environment is forbidden. Do not contact our members with unsolicited information like as offers, queries, ideas, or anything else unrelated to their Gigs or orders.

Privacy & Identity - You are not permitted to share or disseminate anyone else's personal or sensitive data. The Order Page is the only place where sensitive information like credit card numbers can be freely traded to carry out a service. The independent contractor further agrees that any non-public information obtained from the client will not be used for any reason other than the completion of the contracted service. Our Terms of Service do not cover any interactions or communications that take place outside of Workfyx.

Authentic Workfyx Profile - Your Workfyx profile information, such as your description, skills, location, etc., must be accurate and complete and may not be misleading, illegal, offensive, or otherwise harmful. You may not create a Workfyx profile for anyone other than yourself (a real person), misrepresent your identity, create a Workfyx profile for anyone other than yourself, or use or attempt to use another user's account or information. Workfyx may, at its discretion, institute a user verification process (through ID, phone, camera, etc.) prior to the user's accessing any protected areas of the Site.

Intellectual Property Claims - If you believe that your copyright, trademark, or the terms of service of a third party have been infringed upon, please contact Workfyx with as much detail as possible. You can learn more about our IP claim processes here.

Fraud / Unlawful Use - The use of Workfyx for illegal purposes or in illegal ways is strictly forbidden.

Abuse and Spam

Multiple Accounts - To avoid fraud and abuse, users can only have one active Workfyx account and one active Workfyx Business account. Any extra account that was made to get around rules, gain a competitive advantage, or trick the Workfyx community will be disabled. If a lot of accounts are made at once, all of the accounts that are linked to them may be turned off. Note that any violation of Workfyx's Terms of Service and/or our Community Standards will lead to the lasting suspension of all accounts.

Targeted Abuse - Any form of harassment or abuse directed at another user will not be tolerated. For example, making a bunch of fake accounts to send spam to other users of our messaging or shopping cart system is not allowed.

Selling Accounts - Accounts for Workfyx cannot be bought or sold.

Proprietary Restrictions

Workfyx owns all rights, title, and interest in and to the Site and all copyright, trademark, and other intellectual property laws relating to the Site and the information, content, and other materials available on the Site. Trademarks Workfyx®, Gig®, and Gigs® are the unique property of Workfyx. Users have no authority over the Site or any part, component, or extension of the Site (including its mobile applications), and they expressly agree not to: (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users further agree not to authorize or permit any third party to engage in any of the aforementioned activities.

Workfyx owns all right, title, and interest in and to the Site (including all intellectual property rights therein), and you undertake not to take any action(s) inconsistent with such ownership interests, other than the restricted right to use the Site in accordance with these Terms of Service. All other rights, including the exclusive right to make derivative works, in connection with the Site and its content (other than UGC) are reserved.

Feedback Rights

Any comments, suggestions, or other feedback that you provide to Workfyx about the Workfyx platform or the Site as a whole, or any other Workfyx products or services (collectively, the "Feedback"), will be deemed to be a grant of exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Any user suggestions or comments sent to Workfyx will not obligate the company to make any changes.

Confidentiality

Freelancers should be aware that clients may need to share sensitive information with them in order to complete projects, and that they have a responsibility to keep such information secure. Therefore, Freelancers agree to regard all Client data as confidential and treat it as such when working with it. Without limiting the foregoing, the Freelancer agrees to (i) keep all such information confidential, (ii) not disclose the information to any third parties, (iii) not use the information for any purpose other than to complete the work that was requested, and (vi) not copy or reproduce any of the information without the Client's permission.

General Terms

Workfyx reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards, including low quality services or deliveries, or due to any illegal or inappropriate use of the Site or services.
Violation of Workfyx's Terms of Service and/or our Community Standards may get your account disabled permanently.
Users with disabled accounts will not be able to sell or buy on Workfyx.
Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
Users have the option to enable account Security features to protect their account from any unauthorized usage.
Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
Disputes should be handled using Workfyx's dispute resolution tools ('Resolution Center' on the order page) or by contacting Workfyx Customer Support.
Workfyx may make changes to its Terms of Service from time to time. When these changes are made, Workfyx will make a new copy of the terms of service available on this page.
You understand and agree that if you use Workfyx after the date on which the Terms of Service have changed, Workfyx will treat your use as acceptance of the updated Terms of Service.

User Generated Content

In contrast to content made by the Site itself, user-added content is known as "user generated content" (or "UGC" for short). Client and freelancer contributions to Workfyx are all examples of User Generated Content. The user who uploads or creates content shall be solely liable for the content and the consequences of using, revealing, storing, or transmitting such content, and Workfyx shall have no liability or responsibility with respect thereto. You represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power, and/or authority necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection, or publicity rights of any third party; (b) violate any applicable local, state, or federal law or regulation; and (c) violate any applicable third party rights. Everyone is encouraged to report infractions with sufficient proof of ownership. Infringing material may be removed or rendered inaccessible after a report of such activity.

The Freelancers (whether they are Pro Freelancers, Top Rated Freelancers, offer Promoted Gigs, or not) are solely responsible for the material, quality, and level of service they deliver. We provide no guarantees with respect to the Gigs, their delivery, Client-Freelancer communications, or Logo Designs made via the Graphfyx Platform. Users are urged to utilize our community, rating system, and common sense while selecting services.

Freelancer represents and warrants that he or she is legally able to deliver, sell, or resell the service(s) listed on Workfyx. Advertisements for Gigs or Logo Designs made on the Graphfyx Platform must adhere to local laws and the terms of service of the advertising platform or website. If the Freelancer fails to do so, the Gig or Logo Design may be removed from the Graphfyx Platform and the Freelancer's account may be suspended.

Our Intellectual Property Claims Policy is incorporated into these Terms of Service and contains the detailed information you need to report any alleged copyright or trademark infringement. Please be aware that it is our policy to terminate or restrict access to a user's account if they are determined to be a repeat infringement.

Ownership

The Client acquires all intellectual property rights, including but not limited to copyright, in the work delivered from the Freelancer, and the Freelancer waives any and all moral rights therein, upon delivery of the Gig and subject to payment, unless otherwise stated on the Freelancer's Gig page/description. The Freelancer hereby irrevocably assigns all copyright in the delivered work to the Client. Client shall not use the delivery for any purpose if payment is canceled for any reason prior to full payment for the Gig being made. For the avoidance of doubt, the Client shall own all right, title, and interest in and to any and all custom-created work (including but not limited to artwork, designs, reports, etc.) upon delivery, and the Freelancer agrees that upon delivery, it thereby, pursuant to these Terms of Service, assigns all right, title, and interest in and to the artwork, designs, reports, etc. to the Client. If you want to use a Gig for commercial purposes, you may have to pay extra (through GigX) for it. This means that the Commercial Use License is not necessary if you only want to use the Gig for personal use. The Commercial Use License, available from GigX, grants you additional privileges for commercial use, including charging for its use or using it in connection with a business or other enterprise undertaken for profit.

When a voiceover job is completed and paid for, the client acquires fundamental rights (meaning they can use the work indefinitely for any purpose, excluding radio, TV, and internet ads) to the recording. Commercial Rights (Buy-Out) must be purchased through GigX if the Voice Over will be used to promote a product or service (with the exception of paid marketing channels). The Full Broadcast Rights (Buy-Out) must be purchased from GigX if the Voice Over is to be used in broadcast or online advertising. Please see below for further details on the various buyout options.

Unless otherwise specified, all content that Clients and Freelancers voluntarily create and upload to Workfyx, such as Gig texts, photos, videos, usernames, user photos, user videos, and any other information, including the display of delivered work, may be used by Workfyx for marketing and/or other purposes without compensation.

Voice Over Commercial Buy-Out

In exchange for payment, the Freelancer agrees to let you use the Voice Over in any way you like, anywhere in the globe (with the exception of advertisements, radio, TV, and internet commercial spots).

In addition to the standard rights, the Freelancer will allow you to use the Voice Over for any corporate, promotional, and non-broadcast reasons if you include a Commercial Rights (Buy-Out) with your order. Corporate, promotional, and non-broadcast uses include, but are not limited to, the following: explainer videos posted on company websites, social networks, or email campaigns; audiobooks; podcast introductions; and any other business-related use for the creation or promotion of a for-product profit or service (with the exception of paid marketing channels).

In addition to the Commercial Rights, the Freelancer grants you a license for full broadcasting when you add the Full Broadcast Rights (Buy-Out) to your order. This includes internet, radio, and television "paid channels," such as (by way of example) television commercials, radio commercials, internet radio, and music/video streaming platforms, but excludes any illegal, immoral, or defamatory purpose.

The Purchase Agreement is governed by Workfyx's Terms of Service. The purchase of this shipment comes with no express or implied warranty, either as to quality or fitness. This license, the delivery, and your use of the delivery are all provided "as is," and neither the Freelancer nor Workfyx will be responsible for any claims or incidental, consequential, or other damages arising therefrom.

Gig Commercial Use License

If you select "Commercial Use License" as part of your Gig Order, the Freelancer will provide you a worldwide, non-exclusive, permanent license to use the delivered product for business purposes. Freelancers, to be clear, keep full rights to their work. "Permitted Commercial Purposes" implies any use in connection with a business, including (by way of example) advertising, promotion, generating web pages, integrating into product, software or other business related tools, etc., but excluding any illegal, immoral, or defamatory purpose. Workfyx's Terms of Service apply to this License. The purchase of this shipment is made without any kind of warranty, either expressed or implied, including any kind of warranty as to the product's fitness for a particular purpose. In no event shall the Freelancer or Workfyx be liable for any claims or incidental, consequential, or other damages arising out of this license, the delivery, or your use of the delivery.

Disclaimer of Warranties

IF YOU USE THIS SITE OR ANY OF ITS CONTENTS, OR IF YOU PURCHASE ANY PRODUCTS OR SERVICES FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. THIS SITE, ITS CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED VIA THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WHEN IT COMES TO THE SITE'S COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AND AVAILABILITY, NEITHER FIVERR NOR ANYBODY AFFILIATED WITH FIVERR MAKES ANY WARRANTY OR REPRESENTATION.

ANY IMPLIED WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED BY THE ABOVE ARE UNAFFECTED.

Machine Translation

To save you time, we've used Amazon and Google's translation services to translate some user-generated content on the Site. Since no machine translation is perfect or meant to replace human translators, reasonable efforts have been taken to offer an accurate translation. These translations are given "as is" as a courtesy to Site visitors. Translations from English into other languages are provided "as is" without any guarantee of accuracy, reliability, or correctness. Due to the limits of the translation engine, some user-generated content (such as photographs, videos, Flash, etc.) may not be translated precisely or at all.

Any and all express or implied warranties, including those of accuracy, reliability, merchantability, fitness for a specific purpose, and noninfringement, are disclaimed by Google with respect to the translations.

The English language version of the Site is the authoritative text. Any inconsistencies or variations that arise as a result of the translation have no bearing on the enforceability or compliance of the original document. If there are any concerns about the accuracy of the material presented in the translated article, readers are encouraged to check the original English version.

Limitation on Liability

NEITHER WORKFYX NOR ANY OF ITS AFFILIATES NOR ANY OF THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED

NOTHING IN THE FOREGOING AFFECTS ANY LIABILITY THAT MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Any entity that, directly or indirectly, owns more than fifty percent (50%) of the voting stock or other ownership interest or the majority of the voting rights of such entity is considered a "Affiliate" of Workfyx for purposes of this definition.