These Terms & Conditions (the "Terms"), specifically for all individual and businesses (the "clients") who are using the Flexiorg.com ("FlexiOrg") services, 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.
With the use of the Flexiorg’s platform, the Clients are in a position to search and locate individuals(“Talent”) based on professional competencies and industry experience, language, skills, geographical locations, past performance on various projects and other related competencies. These Terms are in addition to the other generic FlexiOrg Terms& Conditions listed on the website which are common to all the users of the FlexiOrg. By registering on the FlexiOrg, you are certifying that you have read, understood and agree to be bound by these Terms. Any violation of these Terms may result in the Client’s project requirements being declined for publication on the FlexiOrg or his/her account being permanently blocked.
FlexiOrg is a technology platform to find, connect and engage with some of the world’s finest independent professionals quickly and easily offering support, advise and analysis to the Clients. We provide a world class web platform which is easy to navigate and encourages transparent and open dealings. FlexiOrg gives supreme importance to keeping your information/data/ transactions confidential. We ensure that you have access only to the credible and verified Talent by conducting reference checks and background checks. Additionally, you pay the Talent only after timely and service level delivery.
By registering as a Client, you acknowledge and agree to, and represent and covenant the following:
The FlexiOrg is not a party to the dealings between any Client and the Talent, including but not limited to introducing Client to Talents, posting project requirement, screening or selecting Talents, contracting with Talents. The FlexiOrg makes the platform available to enable Talents to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Talents for themselves. The FlexiOrg makes no representations about, and does not guarantee the quality, safety, or legality of, the Talent Services; the truth or accuracy of any Talent’s listings on the FlexiOrg; the qualifications, background, or identities of Users; the ability of Talents to deliver their Services. The FlexiOrg will not have any liability or obligations related to the Service Contracts entered between the Client and the Talent.
YOUR USE OF THE SERVICES AND THE FLEXIORG IS AT YOUR SOLE RISK.ALL CONTENT AND FUNCTIONALITY ON THE FLEXIORG IS 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. UNDER NO CIRCUMSTANCES SHALL THE FLEXIORG OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS THE FLEXIORG. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE FLEXIORG, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE FLEXIORG.
The Client and an TALENT 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 to Talent, as required by the applicable payment instructions, it will get credited in the account of FlexiOrg who will hold the payment and then pay out the amount to the Talent at the end of the month, less a percentage of commission fee ( based on Subscription plan) that the FlexiOrg earns (the "Service Fee") for creating, hosting, maintaining, and providing the FlexiOrg Services. All the Clients are solely responsible for all the 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’s performance, and Client’s acceptance, of Talent services.If Client fails to pay the Talent Fees or any other amounts due under the service contract, whether by cancelling Client’s credit or debit card, initiating an improper chargeback, or any other means, the FlexiOrg may suspend or close the Client’s profile and revoke Client’s access to the FlexiOrg,including Client’s authority to use the FlexiOrg to process any additional payments or obtain any additional Talent Services. In no circumstance is the FlexiOrg responsible for the payment due to the Talent, if the FlexiOrg has not been paid in full by the Client.
For the benefit of other Users of the platform, the FlexiOrg encourages you to leave reliable feedback in the form of reviews and ratings, about Talents with whom you have transacted. You acknowledge and agree that the FlexiOrg will make the feedback available to the public based on these individual ratings. The FlexiOrg does not investigate any feedback posted by you, for accuracy or reliability but may do so if a User requests that the FlexiOrg do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. The FlexiOrg is not legally responsible for any feedback posted on the platform by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, the FlexiOrg reserves the right (but is under no obligation) to remove posted feedback or information negatively affects the FlexiOrg operations.
FlexiOrg claims no ownership or control over any content including any text, data, information, and files that you submit, share, display on or through 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 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 FlexiOrg services.
If a Client selects aTalent for a Project, content the talent creates 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 FlexiOrgand the Client, and the Talent hereby assigns to the Client all right, title and interest in and to the Project Content.
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 FlexiOrg be liable to you or any other party for any damages resulting from or relating to your participation as a Client, 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.
This Agreement is 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 attorneys’ 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 Intellectual Property Rights, 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 of payment for completed projects for which you engaged aTalent, you have the right to withdraw from the FlexiOrg as a Client at any time upon sixty days notice to the FlexiOrg. 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 Client on the FlexiOrg, you agree and accept the Terms and also declare that you will abide by all the obligations and responsibilities towards FlexiOrg and the talent as set forth in these Terms.