Terms of Service

Validity 01.09.2019

Preliminary Info

Taskengo is an online broker of freelance engineering services: on our portal, individuals and companies able to provide engineering services can register, publish a profile, bid on the tasks posted by our clients, and provide services to our clients; individuals and companies interested in the execution of engineering services can register, publish tasks, compare proposals from our freelancer’s pool and book a Service. Taskengo operates as a broker in the transaction, i.e. we sell and invoice the Services to our clients and buy Services from our Freelancers against acceptance of the rendered service by the clients and receipt of an invoice plus a payment request by the freelancer. 

This User Agreement describes the terms and conditions which you accept by accessing and using our Website or our Services.

In this User Agreement:

  • “Taskengo”, “we”, “our”, “company” or “the company” or “us” means Envestis Holding SA – Via S.Balestra, 33 6900 Lugano Switzerland
  • “Website” means the Websites operated by Taskengo and available at https://taskengo.com and any related Taskengo service, tool or application, specifically including mobile web, any native Application, or API or another access mechanism
  • “Taskengo Services” means all services provided by us to you.
  • “User”, “you” or “your” means an individual who visits or uses the Website, including via the API.
  • “User Contract” means: (1) this User Agreement; (2) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement; (3) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement; and (4) any other material incorporated by reference from time to time.
  • “Account” is the account associated with your email address
  • “Inactive Account” means a User Account that has not been logged into for a 6 month period or other period determined by us from time to time.
  • “Taskengo Verified” Users have been satisfactorily verified under our user’s verification policy
  • “Buyer” or “Client” is a User that purchases Seller’s Services from us
  • “Freelancer” means a User that offers and provides services to us 
  • “Services” means all services purchased by Clients and provided by Freelancer
  • “Project” or “Listing” or “Task” or “Job” means a job posted by a Buyer/Client
  • “Dispute Resolution Process” is the process to be followed by Buyers and Freelancers in case of conflicts regarding the deliverables of a Task
  • “Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
  • “Milestone” means an intermediate step to deliver the scope of a Task

By accessing the Website, you agree to any Taskengo’s Terms of Service set herein.

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.

Buyers and Freelancers must register for an Account in order to buy or sell the Services provided by our platform.

We may, from time to time, and without notice, change or add services to the Website. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not up to date.

Before using the Website, you must read the whole User Agreement, the Website policies, and any linked information that may have contractual implications.

You must read and accept all of the terms in, and linked to, this User Agreement, including the Taskengo Privacy Policy and all Website policies. By accepting this User Agreement as you access our Website, you agree that this User Agreement will apply whenever you use the Website, or when you use any of the tools available on our Website.

 


 

Accounts

Eligibility

You will not use the Website if you:

  • are not able to conclude legally binding contracts with us;
  • are under the age of 18;
  • are a person banned from receiving and rendering services under the laws of Switzerland or other applicable jurisdictions  
  • operate in a country subject to the US and EU embargo policies (Iran, North Korea, Syria, Sudan, Cuba, and Venezuela);
  • have been suspended from using the Website; 
  • could not be verified as a real person or entity (via email or phone verification)
  • have an outstanding negative balance with us.

Each User shall consider their account as strictly personal and individual. Login credentials should not be shared by a User with other users or individuals or used by multiple users simoultaneously. The individual associated with the account will be held responsible for all actions taken by the account, without limitation. Each User is responsible for keeping the login credentials as confidential as possible, to prevent the unauthorized access to their account by malicious third parties. In the event that any such access occurs, the User, and not us, is responsible for all actions and wrong doings happening in the account.

Users may provide a business name or a company name, which will be associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, still this User Agreement is a contract with the User as an individual and Users remain solely responsible for all activity undertaken in respect of their Account, unless the individual has power of attorney and representation for the associated company.

We may, at our absolute discretion, refuse to register any person or entity as a User, and suspend accounts according to the conditions set herein.

You cannot transfer or assign any rights or obligations you have under this agreement to any third party without prior written consent.

Identity Verification

You should identify yourself on our platform before being able to buy or sell Services from/to us, i.e. to operate on our platform. To do so, you are expected to enter in the information requested in the “User Identification” section of your profile, providing the following details:

  • a selfie
  • your Tax ID
  • a Proof of Identity (upload of your passport, ID or driving license)
  • your Permanent Address 
  • a Proof of address (upload of a copy of your phone/electricity/internet bill, showing your name and address, not older than 6 months)

This information will not be published on our Website, nor shared with third parties for marketing purposes. We need to verify your account, to make sure our platform is not abused for fraudolent activities, and to foster trust on the marketplace.

Further, you authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity.

(1) provide further information to us, if the uploaded information is not sufficient or inconsistent;

(2) take steps to confirm ownership of your email address or financial instruments; 

(3) verify your information against third party databases or through other sources.

At times, we also reserve the right to request a video interview with you to validate your profile information, your identity, your background, and your skills.

We reserve the right to close, suspend, or limit access to your Account, the Website and/or Taskengo Services in the event we are unable to obtain or verify, to our satisfaction, the information which we request under this section.

We reserve the right to update your personal information on the website in order to match your published profile with any identity documentation that has been provided.

We can accept payments from Buyers, and execute payments to Freelancers, which have been properly identified.

Disbursements such as wire transfers or Paypal payments may only be made to the beneficiary Freelancer matching your provided identity documents and account information, and against the submission of a valid tax invoice. If you, as a Freelancer, accrue earnings from Taskengo for services rendered via our platform, you are responsible to declare such earnings to your local tax authorities and pay any income tax (or similar) applicable in your jurisdiction. You are solely responsible for any negligence in this respect, as we are not in a position to review your tax declarations and ensure their compliance with the laws and regulations applicable in your country.

Your Privacy

We use your information as described in the Taskengo Privacy Policy. If you object to your information being transferred or used in this way then you must not use our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business on Taskengo. This may include on invoices and purchase orders including but not limited to between transacting parties, including those automatically generated on awarding, accepting and payment.

Our Right to Refuse Service

We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:

  • if we determine that you have breached, or are acting in breach of this User Agreement;
  • if you under-bid on any Project in an attempt to renegotiate the actual price privately, to attempt to circumnvent our service;
  • if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
  • if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
  • you do not respond to account verification requests;
  • you do not finalize account verification when requested within 3 months of the date of request;
  • you are the subject of a United Nations, EU, USA or other applicable sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you;
  • to manage any risk of loss to us, a User, or any other person; or for other reasons.

If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.

Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may take legal action against you to recover losses.

If we close your Account for a reason other than as a result of your breach of this User Agreement unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you, if your duties have been fully fulfilled.

In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our API or application programming interface, for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
  • interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of Taskengo and the appropriate third party, as applicable;
  • interfere or attempt to interfere with the proper working of the Websites, services or tools, or any activities conducted on or with the Websites, services or tools; or
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.

Dormant Accounts

User Accounts that have not been logged into for a period of time may incur a maintenance fee per month, at discretion of Taskengo, until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User’s profile, portfolio storage, listing in directories, promotion of your profile on the Website and elsewhere, file storage, message transmission, general administrative matters and message and other storage costs.

We reserve the right to close an Inactive Account and permanently delete all content in case the monthly data storage fees are unpaid.

We reserve the right to close an account with nil or negative funds.

Account Deletion

You may close your Account at any time by sending us an email at [email protected] (mentioning your full name and username).

Account closure is subject to:

  • not having any outstanding listings on the Website;
  • resolving any outstanding matters (such as a suspension or restriction on your Account); and
  • paying any outstanding fees or amounts owing on the Account.
  • We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold, due to law compliance obligations.

Security

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Taskengo Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.

Publicity

We may display your company or business name, logo, images or other media as part of the Taskengo Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing. If you do not consent the publication of your personal image or company logo, you should refrain from registering to Taskengo.

Further, just by registering to our platform, or using our services, you acknowledge that we may use the public description of your Projects and the content of your profile information on the Website for marketing and other related purposes.

Code of Conduct

While using the Website, you will not attempt to or otherwise do any of the following damaging activities:

  • post content or items in inappropriate categories or areas on our Websites and services;
  • infringe any laws, third party rights or our policies, such as the Code of Conduct;
  • fail to deliver payment for services we deliver to you;
  • fail to deliver Services we purchase from you;
  • circumvent or manipulate our service and billing process;
  • post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
  • take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
  • transfer your Taskengo account (including feedback) and Username to another party without our consent;
  • distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Taskengo, the Website, or the interests or property of Taskengo users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
  • download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror”, reverse engineer or otherwise incorporate any part of the Website into any other website without our prior written authorization;
  • attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
  • copy, modify or distribute rights or content from the Website or Taskengo’s copyrights and trademarks;
  • inject malicious code in our software and databases;
  • harvest or otherwise collect information about Users, including email addresses, without their and our consent;
  • use Taskengo to facilitate money exchange including, but not limited to, cryptocurrency

Taskengo reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.

Without limiting the reasons for taking the aforementioned actions, the conduct giving rise to this response could include:

  • use of our services for any illegitimate or nonbona-fide purpose
  • creating problems with other users or potential legal liabilities
  • infringing the intellectual property rights of our users and any third parties
  • acting inconsistently with the letter or spirit of any of our policies
  • abuse of any staff members including inappropriate or unreasonable communications
  • any attempt to use Taskengo’s platform or services for any objectionable purpose

 


Website Content

User Posts

When you post content on our Website, such as your profile, your tasks, your bids, feedback on other users, and any other content you can generate via our online tools, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.

You acknowledge and agree that:

(1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content;

(2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and

(3) any and all content submitted to the Website is subject to our approval, even if we are not obliged to approve any content upfront. We may reject, approve or modify your User content at our sole discretion.

You represent and warrant that your content:

  • will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
  • will not violate any law or regulation;
  • will not be defamatory or trade libelous;
  • will not be obscene or contain child pornography;
  • will not contain the development, design, manufacture or production of missiles or nuclear, chemical or biological weapons
  • will not contain material linked to terrorist activities
  • will not include incomplete, false or inaccurate information about User or any other individual; and
  • will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

You acknowledge and agree that we may transfer your personal information to any company affiliated, connected or partner of Taskengo and your information may be transferred outside of Switzerland and of your country of residence. If you wish to withdraw your such consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Taskengo Services and may close your Account.

Information on the Website may contain general information about legal, financial, and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional advisors and double-check any information available on our Website before taking any decision whatsoever (example booking a Freelancer for a job, submitting a bid for a task, and alike).

We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third-party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third-party content, links to third-party content and/or websites is at your risk.

In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information, unless you request this formally and explicitly. Information may be retained for a period of time to fulfill record keeping, regulatory, compliance, statistical, law enforcement and other obligations.

Chat and Messages

Communication with other users on the Website (Buyers or Freelancers) must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, workspace, direct message sending and other communication channels provided on the Website.

You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.

Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.

In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.

Taskengo may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.

We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

Any communication with other users exchanged outside of our platform will not be considered to solve the disputes raised on our platform.

We reserve the right to suspend or ban users that violate our communication policies.

Users’ Reviews and Rating

You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication, etc.) together with any composite rating by us. You acknowledge that such feedback, reputation, and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation, and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Taskengo feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Services via the Website. You may not use your feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by Taskengo or its related entities, without our written permission.

Advertisement

Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Task, user or Service being performed on the Website.

We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Taskengo or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.

 


About the Service

Contracts

The Buyer and Freelancer will be deemed to have entered into a Contract with us under which the Buyer agrees to purchase and pay, and the Freelancer agrees to provide, and get paid for, Services as follows:

  • Buyer: upon accepting a bid from a Freelancer (i.e. upon booking a Freelancer) 
  • Freelancer: upon submission of a bid for a Buyer’s posted Task, and the acceptance of such bid by one of our clients

Users must ensure to be aware of, and comply to, any local and international laws, statutes, ordinances and regulations, directives, standards relevant to them as a Buyer or Freelancer.

Depending on their jurisdiction, Buyers and Freelancers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.

Each User acknowledges and agrees that the relationships between Buyers,  Freelancers and Taskengo are that of an independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users, and between Users and Taskengo. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Taskengo and any User.

Buyer Obligations

Buyers shall:

  • publish genuine and complete personal profiles;
  • post accurate task descriptions to help Freelancers understand the scope of work, the expected deliverables, the deadlines, the technical constraints of the job and descrease the need for clarification loops (before the award) and/or litigation and disputes (during the execution, and at delivery);
  • book Freelancers with due diligence: it is Buyer’s responsibility, and not Taskengo’s, to select the most appropriate Freelancer for any specific job; 
  • pay the Service at the time of booking (by credit card or Paypal);
  • avoid to cancel jobs after booking a Freelancer;
  • close the job in case of receipt of compliant work;
  • open a dispute only if deliverables do not match, objectively, the agreed scope;
  • protect confidential information by stipulating non-disclousure agreements with Freelancers before disclosing any such information;
  • in case of disputes, accept the Taskengo’s arbitration as binding to close the matter in reasonable time for all parties;
  • rate Freelancers objectively and fairly at job completion;
  • inform Taskengo about errors, omissions or non-compliance detected on Taskengo’s invoices (example VAT).

Freelancer Obligations

Freelancers shall:

  • publish genuine and complete personal profiles;
  • clarify with Buyers the exact scope of work, the expected deliverables, the deadlines, the technical constraints of the job before submitting bids;
  • facilitate Buyer’s due diligence during the bid evaluation phase, to prevent litigations, rework, and disputes at a later stage;
  • deliver work that matches the scope and the expectations of the clients;
  • act professionally with all clients, and under any circumnstance;
  • accept our terms of payment;
  • in case of disputes, accept the Taskengo’s arbitration as binding to close the matter in reasonable time for all parties;
  • rate clients objectively and fairly at job completion;
  • declare the earnings generated via Taskengo in the country of residence and pay the applicable income taxes.

Payment Process

By using our services, Users ackowledge and accept our payment process (which we call “Escrow”):

  1. Buyer shall pay the service in full at the time of booking; the payment can be executed online via Paypal or credit card;
  2. Buyer has the right to a refund in case of receipt of work that does not objectively match the agreed scope, and subject to our acceptance of a dispute; in case of refunds for partly/totally accepted disputes, administrative fees may be deducted from the refund; other types of refunds are, generally, excluded;
  3. Freelancer is paid for delivered and accepted work only, against a tax compliant invoice submitted to Taskengo and the submission of a payment request to Taskengo

Users shall bear any banking fees related to their payments to/from Taskengo, and any currency exchange loss/gain

You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments from or to Users on our behalf (example Stripe and PayPal, or credit recovery agencies for late payments).

Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent’s negligence and/or acts beyond the authority given by Taskengo.

Payment Requests (Freelancers)

Your first payment request for earnings on Taskengo may be delayed for up to fifteen days for security and fraud purposes.

Subsequent request may be delayed for up to fifteen days where our fraud prevention policies require a delay.

We may impose a minimum withdrawal amount for funds earned. This is set out in our schedule of Fees and Charges. The maximum you can withdraw per month is 8.000 Euro unless otherwise specifically agreed with us.

You acknowledge and agree that no payment requests will be executed to Freelancers with unverified identities (see section above “Identity Verification”).

Users’ Balance

You may have positive financial balance with Taskengo if you have prepaid for fees or charges or for services to be provided to you via the Website. If you are a Freelancer, you may have positive balance with Taskengo if you have successfully completed a Project, and Buyers have accepted your work. 

Users’s credit balances are held by us at bank operating accounts held by our banks, and may be commingled with our general operating funds, and/or funds of other User’s Accounts.

You are not entitled to any interest, or other earnings in case you have a credit with Taskengo.

We may receive interest on your credits held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such credits.

If your Account has negative balance, we may:

  • set-off your negative balance with your credits vs. Taskengo;
  • deduct amounts you owe us from subsequent payments we recieve from you;
  • immediately suspend or limit your Account until such time as your Account no longer has a negative balance;

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

  • we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
  • we do not intermediate payments between Buyers and Freelancers, as we buy Services from our Freelancers when Buyers book them;
  • any credit you may have with Taskengo is unsecured, is not insured and is not a guaranteed deposit;;
  • we are not acting as a trustee or fiduciary;
  • you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Services;
  • any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;

We may, in our sole discretion, place a limit on any or all of the outstanding credit in your balance if:

  • we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
  • we discovered that the beneficiary of the payment, or the executor of the payment, is someone other than you;
  • we discovered that the payment is being made to a country where we do not offer our Service;
  • we are required to do so by law or applicable law enforcement agencies.
  • If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your balance. We may also place a limit on your balance in circumstances where we suspect you of fraudulent or another unacceptable behavior, while we investigate any such matter with the authorities.

Settlement of Disputes

Taskengo will have full rights and powers to make a determination for disputes related to work delivered by Freelancers and not accepted by Buyers.

Upon receipt of a dispute, Taskengo shall have the right to request the Freelancer and the Buyer to provide documentation in support of their claim or position in relation to the dispute. You agree that Taskengo has absolute discretion to accept or reject any document provided. You also acknowledge that Taskengo is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Taskengo and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.

In relation to disputes with any other users of the Website, you hereby agree to indemnify Taskengo from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.

It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.

A User found to be in breach of the fair conduct may automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. The User who breached a fiar conduct during a dispute may also incur further disciplinary action. 

Indemnity

Users will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or infringement of any law or the rights of a third party in the course of using the Website and our Services.

No Warranties

We cannot and do not confirm each User’s purported identity on the Website. We provide information about Users (Buyers and Freelancers), such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that Users submit and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us. Any User is expected to double-check any information provided on the Website, exercising proper due diligence.

Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

  • the Website or any Freelancer Services or Taskengo Services;
  • the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Freelance Services or Taskengo Services;
  • whether the Website or Freelance Services or Taskengo Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
  • whether defects in the Website will be corrected;
  • whether the Website, the Freelance Services or the Taskengo Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Freelance Services or Taskengo Services;
  • any third party agreements or any guarantee of business gained by you through the Website, Freelance Services or Taskengo Services or us; or
  • the Website, Freelance Services or Taskengo Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
  • To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

Limitation of Liability

In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

  • any indirect, special, incidental or consequential damages that may be incurred by Buyers and Freelancers when using our Services;
  • any loss of income, business or profits (whether direct or indirect) that may be incurred by Buyers and Freelancers when using our Services;
  • any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Taskengo services again or the payment of the cost of having the Taskengo services supplied again by a third party choosen by us.

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.

You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.

Fees

We may charge fees for certain services, such as fees for posting Tasks, bids, listing upgrades and memberships (according to the pricing plans displayed on our Website). When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our pricing , which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.

Unless otherwise stated, all fees are quoted in Euro.

Currency for Contracts

All transactions on Taskengo are executed in Euro.

As a convenience service, Freelancers may request the payment of their Services in another currency than Euro. In this case, we will quote an exchange rate which Freelancer may accept. 

We reserve the right to reject any request for a conversion of currency at any time.

 


Final Provisions

Survival and Release

This agreement supersedes any other agreement between you and the Company. If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect. Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of these documents. We may assign any of our rights and obligations under this document from time to time.

If there is a dispute between participants on this site, or between users and any third party, you agree that Taskengo is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Taskengo, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Intellectual Property Rights

It is our policy to respond to clear notices of alleged intellectual property rights infringement. If you believe that your Intellectual Property Rights have been violated, please notify us by email ([email protected]) on our Website and we will investigate.

Notices

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.

Any notices to Taskengo must be given by registered ordinary post only.

Severability

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.

Interpretation

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

No Waiver

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

Disputes with Taskengo

If a dispute arises between you and Taskengo, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at [email protected].

For any claim, Taskengo may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Taskengo elects arbitration, such arbitration will be initiated through an established alternative dispute resolution provider, which is to be selected by you from a panel of ADR providers that Taskengo will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Taskengo must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Taskengo may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Taskengo has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Taskengo will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Taskengo’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Governing Law and Court

This Agreement will be governed in all respects by the laws of Switzerland (Court of Lugano, Ticino). If a dispute arises, and cannot be resolved by arbitration, then you and Taskengo irrevocably submit to the non-exclusive jurisdiction of the courts of Lugano, Switzerland.

Need Clarifications?

If you have any questions about this User Agreement, please contact us by using our customer support website or emailing us at [email protected].

Taskengo.com
operated by Envestis Holding SA
Via S. Balestra 33
6900 Lugano Switzerland