These terms and conditions ("Terms") are specifically for every individual who has been registered as an "Talent/Intern" ( including Interns who takes up assignments other than internship) on the FlexiOrg.com platform ("The FlexiOrg") and/or is using the FlexiOrg services.FlexiOrg is a portal of Ashtopus Consulting Pvt Ltd (herein after referred to as the ACPL). These terms and conditions of use ("Terms") constitute a legal agreement between you and ACPL. Use of this Site constitutes your unconditional acceptance of these Terms herein and by all terms, policies and guidelines incorporated by reference. These Terms apply to your use of this Site, and do not alter in any way the terms or conditions of any other agreement you may have with ACPL, its subsidiaries or affiliates. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify SEPL for violations of these Terms. If you do not agree with these terms, please do not use this Site.
By registering on the FlexiOrg, you are certifying that you have read, understood and accepted to be bound by these Terms. Any violation of these Terms will result in the Talent/Intern’s account being temporarily/permanently blocked on the FlexiOrg. These Terms are constantly updated by us, so please apprise yourself often of the latest updates.
The FlexiOrg is a tech-platform to find, connect and engage with some of the world’s finest independent professionals quickly and easily offering support, advise and analysis to individuals and high caliber businesses worldwide (the "Clients"). the FlexiOrg provides Talent/Intern a platform to participate in different types of projects in various fields for the Clients, which includes but not limited to promoting expertise on social media, giving audio/video advice on the FlexiOrg, getting involved in transparent and open dealings, maintaining the Client’s confidentiality for data\information\transactions, invoicing through the online platform. Additionally, the Experts may receive rewards for referring friends to the platform, participating in online discussions and webinars with other Talents/Interns and Clients and continue learning though the FlexiOrg.
By registering as an Talent/Intern, you acknowledge and agree to, and represent and covenant the following:
FlexiOrg is not a party to the dealings between any Client and the Talent/Intern, including but not limited to introducing Client to Talent and vice versa, posting project requirement, screening or selecting Talent, contracting with Talent. The FlexiOrg makes the platform available to enable Talent to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Talent for themselves. The FlexiOrg does not, in any way, supervise, direct, or control any Talent or Talent’s work. In providing the services to Clients, Talent is a free to retain and use their own employees and contractors, and Talent has sole control over those individuals Flexiorg makes no representations about, and does not guarantee the quality, safety, or legality of, the Talent’s Services; the truth or accuracy of any Talent’s listings on the FlexiOrg; the qualifications, background, or identities of Users; the ability of Talent to deliver the Talent Services; the ability of Clients to pay for the Talent Services; or that a Client or Talent can or will actually complete a transaction. ALL TALENT SERVICES, AND ALL INFORMATION, DATA AND ACTIVITY RELATED THERETO, ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Any feedback or review or rating provided by the FlexiOrg is based solely on data that Talent or Clients voluntarily submit to the FlexiOrg and does not constitute and will not be construed as an introduction, endorsement, or recommendation by the FlexiOrg. The FlexiOrg provides such information solely for the benefit of the users and disclaims any warranties related to such information, including any truth, accuracy, completeness or currency thereof.
FlexiOrg is a marketplace where Talent can share their expertise, FlexiOrg does not guarantee any assignment or gigs. Getting assignments on Flexiorg is dependent on the quality of the expertise of the Talent, pricing and market requirements.
As a Talent/Intern, it’s your sole responsibility to decide what kind of projects and platform activities you will undertake. You are not obliged to the FlexiOrg to accept particular projects. Membership in the FlexiOrg as a Talent/Intern is non-exclusive, and you are free to perform services independent of the FlexiOrg for any person or business, including any of the competitors of Flexiorg; provided, however, that you shall not violate these Terms. However you are bound to work with a client who is introduced to you by FlexiOrg. You can not do direct business with client introduced by FlexiOrg for 2 years from the date of introduction.
The FlexiOrg simply makes the platform available to Experts to find suitable projects and thus does not charge any fee for it. However, the Client and the Expert are obligated to use the FlexiOrg online invoicing platform, to pay and receive payment for their work together if they identified each other through the FlexiOrg. When a Client pays a Talent/Intern, as required by the applicable payment instructions, Client ( User) will credit the FlexiOrg who will hold the payment and then pay out the amount to the Talent/Intern at the end of the month, less a pre-agreed percentage commission fee as per subscription plan that the FlexiOrg earns (the "Service Fee") for creating, hosting, maintaining, and providing the FlexiOrg Services. If no paid subscription plan is chosen, then the commission fee is 20%. All the Clients or Experts are solely responsible for all tax returns filings and payments required to be made to any federal, state, or local tax authority in any nation with respect to the Talent/Intern’s performance, and Client’s acceptance, of services.
You are responsible for providing your payment details and keeping the information updated. Unless otherwise agreed in writing or stated in any project offer, the Clients are expected to pay your agreed rate only for the time you spend interacting with Clients on projects arranged solely through the FlexiOrg. A Client will not pay you for preparation time, wait time, or time set aside if a project with the Client does not occur. You may NOT assign projects or delegate any portion of your work to others (including without limitation to any other employees of your firm) without written consent of the Client.
The FlexiOrg is not responsible for any non-payment or any continued non-payment of dues, expense reimbursements by the Client. You will not accept any compensation other than that paid out through the FlexiOrg for your projects performed for Clients. In case you are guilty of violations of any of the Terms, the FlexiOrg has the authority to fully recover any payments already done to you. You may be required to provide additional information (including your national identity number or equivalent Tax Identification number) about yourself as part of FlexiOrg’s security procedures. You agree that all fees imposed on you by any banking institution to process any payment from the FlexiOrg are your sole responsibility including processing and foreign transaction fees.
On completion of the project, we ask the Client to give feedback comprising review and ratings of the experience with regard to the project on the FlexiOrg. The feedback is publicly available on the FlexiOrg. In case you receive a negative feedback from the Client, neither the FlexiOrg nor the Client is liable for any loss, cost, expense, claim or damage, of any nature, from such review or rating from such feedback. The FlexiOrg reserves the right to deactivate the profiles of low performing experts. You release FlexiOrg, and any and all persons acting under its permission or authority from any claim, liability, or action in law, including any claims for defamation, copyright infringement, or invasion of privacy, arising in connection with the Talent/Intern feedback.
During, and for a period of one year after the termination of, your relationship with the FlexiOrg, you also agree not to knowingly solicit for employment any employee of the FlexiOrg or any Clients to whom you were first introduced due to your Talent/Intern status on FlexiOrg.
The FlexiOrg claims no ownership or control over any content including any text, data, information, and files that you submit, share, displayon or through the FlexiOrg services.Additionally, by displaying the content on the FlexiOrg you represent that you own all the intellectual property rights to the content or you have obtained any necessary permissions or licenses to such content in order for such content to be transferred and/or licensed in accordance with these Terms. By submitting, posting or displaying content on or through the FlexiOrg services which are intended for the public, you grant the FlexiOrg a worldwide, non-exclusive, royalty free license to reproduce, adapt, modify, publish and distribute such content on the FlexiOrg for the purpose of distributing, displaying and promoting the FlexiOrg services.
If a Client selects you for a Project, content you create in connection with that Project ("Project Content") is solely owned by the Client (e.g., as a "work for hire") and may be used by such Client for any purpose permitted under that Client’s agreement with the FlexiOrg, which may include reproduction, disclosure, transmission, publication, broadcast, and posting, unless otherwise agreed in writing by the FlexiOrg and the Client, and you hereby assign to the Client all right, title and interest in and to the Project Content.
The FlexiOrg may invite you to participate in a project for which your image, likeness, animation and/or voice may be recorded and/or transcribed in any media ("Recordings") by The FlexiOrg or its agents, such as at a live meeting, webcast, conference call, conference, interview, or another event. You agree, notwithstanding anything else in these Terms, that The FlexiOrg (or if applicable, the Client who records their projects as facilitated by The FlexiOrg) owns such Recordings and has the exclusive right to attribute such Recordings to you and to use, distribute, reproduce, publish, reprint, modify, adapt, sublicense, and publicly display such Recordings, in whole or in part, in original form or as edited or modified by The FlexiOrg or such Client, in all languages and forms, for any commercial or non-commercial purpose unless otherwise agreed in writing. You additionally release the FlexiOrg, and any and all persons acting under its permission or authority from any claim, liability, or action in law, including any claims for defamation, copyright infringement, or invasion of privacy, arising in connection with your content. Further, you agree to indemnify, defend, and hold harmless the FlexiOrg and its clients from and against any third party claim that your content or the use of your content infringes upon any patent, trademark, copyright, trade secret, or other intellectual property right, including any related liabilities, costs and expenses.
As you discharge your responsibilities as a Talent/Intern on the platform, you may be given access to any information including but not limited to material, non-material information, proprietary information including trade secrets, copyrighted information, business information, and any other information which you must keep confidential. Additionally, you will not disclose any information that you are otherwise prohibited from disclosing under the applicable law. If you are required by law to disclose any confidential information, you must promptly notify the FlexiOrg.
The FlexiOrg is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with your use of the FlexiOrg. In no event shall the FlexiOrgbe liable to you or any other party for any damages resulting from or relating to your participation as a Talent/Intern, the performance of any services by you as a Talent/Intern, or the business operations of the FlexiOrg, including without limitation for any incidental, consequential, punitive, or special damages and even if the FlexiOrg was informed of the possibility of such damages.
These Terms are governed by the Laws of India without regard to any conflicts of law provisions. Any dispute, controversy or claim arising or relating to these Terms. shall be exclusively and finally determined under the rules of "The Arbitration & Conciliation (Amendment) Act 2015" in effect from time to time. The venue for all arbitrations shall be India unless otherwise agreed by the parties in writing. The language to be used in the arbitral proceeding will be English. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Each party is responsible for its own legal fees, and the arbitrator may not include the payment of attorney's fees or expenses as a part of any award. You and FlexiOrg are agreeing to give up any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim.
The invalidity or unenforceability of any provision of these Terms shall not for those reasons alone affect the validity or enforceability of any other provision of these Terms.
The provisions of sections of these Terms entitled Non-Solicitation of Clients, Intellectual Property Rights, Confidentiality, Limitation of Liability (and any other provisions that, by their nature, should survive) shall survive any termination or expiration of these Terms.
Subject to your obligation to complete Projects for which you are engaged, you have the right to withdraw from the FlexiOrg as a Talent/Intern at any time upon sixty days notice to the FlexiOrg. The FlexiOrg may suspend, limit, or cancel your access to the platform at any time for any reason without notice, including because: (i) we believe you have violated these Terms; (ii) we believe you have violated our rights or the rights of any third party; (iii) we are unable to verify or authenticate information you have provided to us; or (iv) we believe your actions may create liabilities for you, us or a third party.
By registering as a Talent/Intern on the FlexiOrgyou agree and accept the terms and also declare that you will abide by all the obligations and responsibilities towards the FlexiOrg and the Client as set forth in these Terms.