For purposes of these Terms, “Company” means and includes DELTA MEDIA CA LP and its subsidiaries and affiliates (including MARKOM IT SP.Z O.O. registered address ul. Zurawia 43/109, Warsawa 00680, Poland and DELTA MEDIA OS LLC, registered address Uznadze Str., N 111, Building 2, Apt. N 11, Tbilisi 0102, Georgia), and its and their investors, officers, directors, employees, agents, representatives and assigns.
For purposes of these Terms, “Company” means and
The Site offers a venue, where Customers and Contractors connect for the performance of orders. Customers and Contractors contract directly with each other and the Company is not a party to any contracts and agreements between them.
Subject to the provisions set forth in these Terms, the Company grants you a personal, nonexclusive, nontransferable, revocable license to access and use the Site solely for your personal noncommercial use. Rights not expressly granted to you in these Terms are reserved by the Company.
You agree that we may change these Terms from time to time. Your further use of the Site constitutes your consent with the changes to these Terms. If you disagree with the actual version of this Policy, you should immediately cease using the Site.
User – means any registered person who use the Site, including Customers and Contractors.
Account – means the account created by the User upon registration on the Site.
Contractor – User, who performs Work on a payable basis in favor of the Customer under the order the Customer has previously made on the Site.
Customer – User, who makes an order on the Site to receive the Work the Contractor has performed under the payment in favor of the Customer.
They – means any person notwithstanding female or male sex\gender, including those who have not decided yet
Contractor services – refer to the work contractors do on the Site.
User Content – is what users post on the Site themselves, like comments, profiles, feedback, images, or other information. It includes anything posted as a response to questions asked by other users or the Site.
Dispute – means a dispute raised between the Customer and the Contractor.
Site services - services, applications and products – apart from services, which are provided by the Contractors themselves – that people can access through the Site.
Please note! The Company is not an employment service or employment agency, and does not employ Contractors. In all cases, Contractors are considered as independent contractors and not employees of the Company. That means Contractors are free to accept or reject any Services, perform Services free from the supervision and control of the Company, and provide their own tools and equipment. It is the obligation of Customers to supervise and control the Services performed by Contractors. All contracts, agreements and arrangements for the completion of Services are between Customers and Contractors, and the Company is not a party to that relationship. The Company does not withhold taxes including, without limitation, unemployment insurance, workers’ compensation, employer’s liability, social security or other payroll withholdings. You understand and agree that if the Company is found liable for any taxes, other than on the Company’s income, you will immediately reimburse and pay to the Company an equivalent amount, including any interest and penalties thereon.
To be eligible to use the Site as a User in the fullest extent possible, you agree that you:
As a User, you additionally represent, warrant and covenant that you are not: (i) the subject or target of any sanctions or restrictive export controls administered by Canada, the U.S. government, the United Nations Security Council, Her Majesty’s Treasury of the United Kingdom, or the European Union or any European Union member state (collectively, “Sanctions”); or (ii) located, organized, or resident in a country, region or territory that is itself the subject or target of comprehensive territorial Sanctions or embargoes; or (iii) citizen\resident of the Russian Federation and/or Republic of Belarus. In performing your obligations under the Terms, you will comply with all applicable Sanctions.
User should register an account by filling all the fields with the information required to access and use our Services (hereinafter – “Account”). You may also register an Account by authorizing via your account in such services as Facebook, LinkedIn and Google. Your Account registration is subject to approval by the Company. We reserve the right to decline a registration either to join the Site or to add an Account of any type, for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
Contractor Profile. After Account registry you as a Contractor should fill out the additional information in your Profile (hereinafter “Profile”). How we collect, treat and store your information you may find in our
You as a User agree that at all times you will:
After Account registration you as a Customer can proceed to making an order (hereinafter “Order”). While making an Order you should provide a title, a description, period of receiving requests, specialization, required skills, region. You should also choose the type of the services, payment method and paid services. You may also add images if any. After submitting all the information, you may save the Order. Your Order will be published after verification by a Site moderator. You may edit your Order until it is published. We also reserve the right to suspend your publishing the Order if important information is missing. We will notify you in this regard.
You as a User agree that at all times you will:
In connection with your use of the Platform, you agree that at all times you will not:
Suspension and Termination
The Company may suspend or remove you as a User from the Site at any time for any or no reason at all, and suspension or removal will be effective immediately upon delivery of such notice. If the Company suspends or removes you from the Platform, you may not be entitled to rejoin. In addition to suspension or removal, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive relief. Even after your suspension or removal, these Terms will remain enforceable against you.
User agrees to pay the Company the subscription fees associated with the selected subscription for the Services of the Site provided on the monthly basis (“Subscription Fee ”). Subscription Fee shall be paid by the User directly to the Company in advance as provided by the applicable invoice.
User may cancel subscription for the Services of the Site at any time. Subscription fee is refunded in the amount proportionally to the days left. In case, the User has cancelled subscription for the Services of the Site during the time, which exceed the half of the subscription period, a refund for the days left cannot be processed.
Payment for Contractor Work
You as a Customer are entitled to choose a payment method for each Order. The Site offers you two options:
This payment option stipulates tight cooperation between Customer and Contractor without participation of the Site in the payment process. Customer and Contractor should mutually choose the method and process of the payment. Customer and Contractor regulate all claims related to the quality and timing of the Work on their own. Any cancellations and refunds under this option are not governed by these Terms and shall be resolved in terms of mutual cooperation between Customer and Contractor.
This payment option stipulates that the Company reserves the budget of the Order, previously put by the Customer on the Company’s bank account until the Work is properly performed by the Contractor and checked by the Customer. Instructions on safe deal terms, including provisions, which govern cancellations and refunds hereunder, you may find at the link .
Any information and/or content not generally known by or disclosed to the public including, without limitation, information and/or content: disclosed by Customers to the Company and/or Contractor; created by Contractors for Customers; and any information and/or content disclosed pursuant to a mutually executed confidentiality and/or nondisclosure agreement (hereinafter “Confidential Information”) shall be maintained in strict confidence by the Company and Contractor.
The Company and Contractors shall not use or disclose any Confidential Information and access to and use of any Confidential Information shall be restricted to those persons with known discretion and with a need to use the information, provided that such persons have executed a confidentiality and/or nondisclosure agreement.
Notwithstanding anything herein to the contrary, Confidential Information shall not include information and/or content that is already known to or otherwise in the possession of a person at the time of receipt from the other party and that was not known or received as the result of violation of any obligation of confidentiality; publicly available or otherwise in the public domain prior to disclosure by a party; rightfully obtained by a party from any third party having a right to disclose such information without restriction and without breach of any confidentiality obligation by such third party; developed by a party independent of any disclosure hereunder, as evidenced by written records; or disclosed pursuant to the order of a court or administrative body of competent jurisdiction or a government agency, provided that the party receiving such order shall notify the other prior to such disclosure and shall cooperate with the other party in the event such party elects to legally contest, request confidential treatment, or otherwise avoid such disclosure.
Content and means of communication
Contractor hereby grants the Company a royalty-free, perpetual, irrevocable, non-exclusive, fully paid, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display any messages, information, data, text, images, or other materials submitted to or transmitted through the Site (in whole or part) (collectively, “Contractor Content”) worldwide without restriction or compensation.
In addition, you as a Contractor warrant that you have waived all so-called “moral rights” in the Contractor Content. The Company and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Contractor Content posted on the Site that violates these Terms or is otherwise objectionable in the Company sole and exclusive discretion.
By submitting Contractor Content to or through the Site, you represent and warrant that you own the Contractor Content; You are entitled to submit the Contractor Content; and, the Contractor Content is accurate, truthful, not confidential, and not in violation of any contractual restrictions or other third-party rights.
All and any information contained on the Site, except those clearly marked as Contractor’s one, is the exclusive intellectual property of the Company by default. The right to use the Content by the User, which arises in the process of using the Site and/or receiving the Company Services, is limited to the use of personal on non-commercial purposes and is not allowed for any other purpose.
In case of unauthorized infringement of copyright and other intellectual property rights, the User is liable in accordance with the applicable law on protection of intellectual property rights.
Trademarks, marks for goods and services, brands, logos registered in accordance with applicable law and copyright objects (texts, visual images, etc.) posted on the Site are the property of the Company. Nothing may be construed as the right or permission to use any of the trademarks, as well as any other material posted on the Site, without the consent of the Company as the copyright holder.
Ownership of Contractor’s Work
All deliverables, if any, and portions thereof, and all intermediate and partial versions thereof (hereinafter - the “Work”)
Links to other websites
Disclaimer of Warranties
The Site is provided on an “as is” and “as available” basis without warranties of any kind, express or implied, including, without limitation, warranties of title, custom, usage, merchantability, non-infringement or fitness for a particular purpose. You as a User hereby expressly agree that use of the Site is at your sole and exclusive risk. Further, Company does not represent or warrant that the Site is free from viruses, trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network.
Limitation of Liability
You as a User agree to defend, indemnify and hold the Company harmless from and against any and all disputes, including without limitation for damages, injuries, losses, liabilities and reasonable legal and accounting fees (collectively, “Indemnified Claims”), resulting from, or alleged to result from:
Waiver and Severability
Failure by the Company to enforce any provision of these Terms will not be construed as a waiver of any provision or right. These Terms together with
Disputes Between Contractor and Customer
Customers understand and agree that it is their obligation to communicate directly with Contractors and to supervise and control the Services performed by Contractors. In the event of any disputes between Customers and Contractors including, without limitation, disputes related to the quality of Services performed by Contractors, Users agree that such disputes must be brought to the Company within
Jurisdiction and applicable law
The Company in the process of carrying out its activities is guided by the
Users who visit the Site, being outside Canada, additionally agree to comply with the laws of the host country and to be liable within the limits set by the applicable law. The Company also reserves the right to restrict the content of the Site to any person or specific geographical area at any time without prior notice to the User.
These Terms, together with our
These Terms, in particular provisions in which User responsibilities are stipulated, may not be assigned, subcontracted, delegated, or otherwise transferred without the prior written consent of the Company, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
These Terms and all related documentation are in English, but for the sake of accessibility and understanding of these provisions by all Users, these Terms may be translated
If you have any questions about these Terms or would like to receive any additional information regarding the provision of Services and use of the Site, please contact us using the contact details below: