Terms Of Use

WomELLE - Terms & Conditions

We are WomELLE incorporated in the United States, Florida. These are our terms and conditions. They tell you what we do and how we do it. By using our site, you indicate that you accept these terms and conditions, and the referenced policies, and that you agree to abide by them.

T&Cs last modified: May 10, 2018.

1. The cheat sheet

WomELLE operates a platform linking Sellers to Buyers.

Services

Services are offered on WomELLE through either Hourlies, which are fixed price services; or Custom Jobs, which can be fixed price, price per hour or price per item. Services delivered in these ways on WomELLE are collectively referred to in these terms as “Jobs”.Whether or not a Job is offered and/or accepted is entirely at the discretion of the Seller/Buyer. WomELLE has no control over this process. Services are provided by Sellers directly to Buyers, who determine the deliverables, price and all other requirements.

On Commencement of a Job the Buyer pays funds into the Escrow Account, and the Buyer must confirm their requirements upfront in the WorkSpace.

The Seller must provide regular progress updates and respond within one (1) working day to all messages from the Buyer, in the WorkSpace.

Sellers must deliver work within the delivery times either defined in their Hourlie, or agreed with the Buyer upfront in the WorkStream for Custom Jobs. Sellers' rankings will be penalised for late delivery.

Sellers must fulfill their Jobs and Buyers agree to pay for work delivered. Users will be penalised for cancellations or refunds caused by them, without just reason. Sellers must provide, and be given the opportunity by the Buyer to provide, at least two further iterations on the work delivered if the Buyer is not initially satisfied.

Once the Job has been completed the Seller will raise a request to receive payment, including the release of funds held in the Escrow Account. Sellers must not request payment upfront before work has been completed. Buyers must pay within the 7 day payment terms.

Funds

WomELLE IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of Sellers. We strongly recommend that all users do not hold balances on the platform. No user is permitted to hold a balance on the platform for more than 30 days. Users will be warned, repeatedly, to withdraw their funds. After 45 days all Sellers must have provided at least one valid withdrawal account and will have their funds paid out to one of their withdrawal accounts (chosen by us), or in the case of Buyers, we will return the funds back to source. If we are unable to payout or return funds after 60 days, WomELLE will apply an Admin Fee to the balance until it is withdrawn or zeroed. Funds held by WomELLE on the platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency. WomELLE hold the funds in a separate client account.

Payments

WomELLE acts as an Agent of Payment between the Buyer and Seller. In return for full invoice payment by the Buyer for the Job, WomELLE agrees to discharge the Buyers obligations relating to debts owed to the Seller under this agreement. WomELLE agrees to make such funds available to the Seller balance with 24 hours, subject to fraud an AML procedures. Sellers are then able to withdraw those funds subject to the setting up of a valid withdrawal account. WomELLE takes its obligations to prevent fraud and money laundering seriously and reserves the right to delay payments to sellers if fraud or money laundering is suspected.All payments for work completed must go via WomELLE unless WomELLE has given its express written permission otherwise in relation to a specific payment or invoice; attempts to pay outside of WomELLE will lead to sanctions not limited to immediate account suspension. Users must immediately report to WomELLE any offers to pay outside of WomELLE made by their Buyer or Seller.

Rights

Once payment has been made, Buyers are granted all rights for the delivered work.

Contacting

For purposes of service messages, notices, offers and news about WomELLE, Users receive alerts on certain pages and emails to the email addresses associated with their accounts. Users can easily unsubscribe from any email notification using an unsubscription link found at the end of any email as well as their Settings page.

2. User accounts

To access the full WomELLE site, Users have to register for an account, provide accurate and complete information, and keep their account information updated. Both Buyers and Sellers undergo the same account registration process.

Each account must be a personal account, but Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated).

Users cannot register for more than one account.

The information that Users supply in the public profile of their account must comply with WomELLE Profile Policies.

WomELLE reserve the right to restrict your access, temporarily or indefinitely block your account, stop any Jobs you have in progress, warn other Buyers and Sellers of your actions or issue you a warning if:

  • you breach the letter or spirit of these terms and conditions or the referenced policies;

  • we are unable to verify or authenticate any information you provide to us;
  • we believe that your actions may cause any loss or liability to our Users or to us

 

Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking or if someone steals their password when they have taken reasonable steps to keep it secure). Users may never use another person's user account or registration information for the Website.

You confirm that you are not economically barred/limited under sanctions rules of any country worldwide. If your circumstances change to be included in such lists, please cease using WomELLE immediately.

As per United States regulation, WomELLE is unable to support users from North Korea, Iran, Syria, Cuba, Sudan (Republic of Sudan or North Sudan), South Sudan (Republic of South Sudan) and Region of Crimea.

3. Job delivery

3.1 Hourlies

On purchase of an Hourlie the Buyer's funds will be held in the Escrow Account.

The Buyer will then need to provide their requirements (as specified in the Hourlies description page) in the WorkPlace so that the Seller can get started.

Once the requirements are provided in the WorkPlace by the Buyer, the Seller must:

  • respond in the Workplace within one (1) working day to confirm work has started otherwise the Buyer may request and will be entitled to a refund in accordance with Section 6;

  • provide regular progress updates in the Workplace and respond within one (1) working day to all messages from the Buyer;
  • complete the Job within the delivery timescales indicated in their Hourlie description including handover of all deliverables in the WorkPlace. Failing to deliver within those timescales may mean the Buyer requests and is entitled to a refund in accordance with Section 6;
  • Late or non-delivery will negatively affect the Seller's rankings on WomELLE.

 

All direct communication between Buyer and Seller must go via the WorkPlace to keep both parties protected in case of a Dispute.

Once the Hourlie has been completed the Seller will raise an invoice and:

  • the Buyer is then able to leave feedback for the Seller, upon which the funds held in the Escrow Account will be automatically released to the Seller as payment;
  • alternatively, if the Buyer is not satisfied with the deliverables they can reject the invoice and provide the Seller with detailed feedback on what work remains outstanding. The Seller must provide, and be given the chance to provide, at least two revisions of the deliverables based on detailed feedback from the Buyer;
  • if the Buyer does not either i) leave feedback for the Seller, nor ii) reject the invoice, the funds held in the Escrow Account will be automatically released on their behalf to the Seller as payment after seven (7) days.
  • if the funds held in the Escrow Account are released to the Seller in accordance with a) or c) above, WomELLE and the Seller will be entitled to assume that the Buyer is satisfied with the Job and does not have a dispute of any kind in relation to the Job. The Buyer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.
 
3.2 Custom Jobs

The Seller's payment for Custom Jobs are either agreed as fixed price, price per item or as a per hour rate Job:

  • for a per hour rate Custom Job the Buyer agrees to pay the Seller based on the time spent, not on the real or perceived quality of any deliverables provided. The Seller must provide the Buyer, on request, with a breakdown of their billed hours as evidence;

  • for a fixed priced Custom Job the Buyer agrees to pay the Seller based on deliverables. The parties should agree upfront in the WorkPlace whether to divide the project into milestones, with associated milestone payments. If milestones have not been agreed then the Custom Job will only be invoiced on full completion of all deliverables.
  • for price per item Custom Jobs the Buyer agrees to pay the Seller for all items delivered.

 

On acceptance of a Proposal the Buyer will pay into the Escrow Account the agreed deposit amount.

The Buyer must then provide their detailed requirements in the WorkPlace so that the Seller can get started. These requirements should include (but not be limited to):

  • timeframe for delivery of the Job or milestones;
  • description of any subjective elements of the Job like aesthetics providing similar examples;
  • breakdown of all expected deliverables;
  • any other expectations for the work.

 

Once requirements have been received from the Buyer, the Seller must:

  • respond in the WorkPlace within one (1) working day to confirm commencement of work. Failing to respond within one (1) working day may mean the Buyer requests and will be entitled to a refund in accordance with Section 6;
  • provide regular progress updates in the WorkPlace and respond within one (1) working day to all WorkPlace messages from the Buyer;
  • complete the Job, including handover of all deliverables in the WorkPlace, within the delivery timescales agreed with the Buyer,
    • if missing a previously agreed deadline is unavoidable then the Seller must inform the Buyer immediately in the WorkPlace and provide a revised delivery date.
    • failing to deliver the work within agreed timescales, or repeatedly revising previously agreed deadlines, may mean the Buyer requests a cancellation of the Custom Job and will be entitled to a refund of any funds in the Escrow Account.
    • late or non-delivery of a Job will negatively affect the Seller's rankings on WomELLE.

 

All direct communication between Buyer and Seller should go via the WorkPlace to keep both parties protected in case of a Dispute.

When the Custom Job is completed (or an agreed milestone has been reached) the Seller will raise an Invoice:

  • the fees charged in the Invoice should be as has been explicitly agreed upfront in the Proposal. If requirements/ scope changes materially during a Custom Job the Seller may need to propose a change to a previously agreed price. This must be explicitly agreed in the WorkPlace before any extra work is undertaken so that the Buyer can confirm whether they wish to proceed with the additional scope for the extra cost;
  • the Buyer must pay the Invoice within seven (7) days of the Invoice being raised;
  • alternatively, if the Buyer does not agree that the Job has been completed then the Buyer can reject the Invoice. The Buyer must then provide the Seller with detailed feedback in the WorkPlace on what work remains outstanding. The Seller must provide, and be given the chance to provide, at least two iterations of the deliverables based on detailed feedback from the Buyer;
  • if the Buyer does not either i) pay the Invoice or ii) reject the Invoice within such seven (7) day period WomELLE will provide assistance to the Seller to chase payment and may temporarily or permanently restrict the Buyer's account. If the Invoice remains unpaid after fifteen (15) days a final 24-hour notification will be issued to the Buyer. If after 24 hours the Buyer has not responded to this notification the funds in the Escrow Account, up to the unpaid Invoice amount, will be automatically processed and will remain at the discretion of WomELLE for approval.
  • if the Buyer pays the invoice or funds are utilised in accordance with d) above, WomELLE and the Seller will be entitled to assume that the Buyer is satisfied with the Job and does not have a dispute of any kind in relation to the Job. The Buyer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.
 
3.2 Custom Jobs

The Seller's payment for Custom Jobs are either agreed as fixed price, price per item or as a per hour rate Job:

  • for a per hour rate Custom Job the Buyer agrees to pay the Seller based on the time spent, not on the real or perceived quality of any deliverables provided. The Seller must provide the Buyer, on request, with a breakdown of their billed hours as evidence;

  • for a fixed priced Custom Job the Buyer agrees to pay the Seller based on deliverables. The parties should agree upfront in the WorkPlace whether to divide the project into milestones, with associated milestone payments. If milestones have not been agreed then the Custom Job will only be invoiced on full completion of all deliverables.
  • for price per item Custom Jobs the Buyer agrees to pay the Seller for all items delivered.

 

On acceptance of a Proposal the Buyer will pay into the Escrow Account the agreed deposit amount.

The Buyer must then provide their detailed requirements in the WorkPlace so that the Seller can get started. These requirements should include (but not be limited to):

  • timeframe for delivery of the Job or milestones;
  • description of any subjective elements of the Job like aesthetics providing similar examples;
  • breakdown of all expected deliverables;
  • any other expectations for the work.

 

Once requirements have been received from the Buyer, the Seller must:

  • respond in the WorkStream within one (1) working day to confirm commencement of work. Failing to respond within one (1) working day may mean the Buyer requests and will be entitled to a refund in accordance with Section 6;
  • provide regular progress updates in the WorkPlace and respond within one (1) working day to all WorkPlace messages from the Buyer;
  • complete the Job, including handover of all deliverables in the WorkPlace, within the delivery timescales agreed with the Buyer,
    • if missing a previously agreed deadline is unavoidable then the Seller must inform the Buyer immediately in the WorkPlace and provide a revised delivery date.
    • failing to deliver the work within agreed timescales, or repeatedly revising previously agreed deadlines, may mean the Buyer requests a cancellation of the Custom Job and will be entitled to a refund of any funds in the Escrow Account.
    • late or non-delivery of a Job will negatively affect the Seller's rankings on WomELLE.

 

All direct communication between Buyer and Seller should go via the WorkPlace to keep both parties protected in case of a Dispute.

When the Custom Job is completed (or an agreed milestone has been reached) the Seller will raise an Invoice:

  • the fees charged in the Invoice should be as has been explicitly agreed upfront in the Proposal. If requirements/ scope changes materially during a Custom Job the Seller may need to propose a change to a previously agreed price. This must be explicitly agreed in the WorkPlace before any extra work is undertaken so that the Buyer can confirm whether they wish to proceed with the additional scope for the extra cost;
  • the Buyer must pay the Invoice within seven (7) days of the Invoice being raised;
  • alternatively, if the Buyer does not agree that the Job has been completed then the Buyer can reject the Invoice. The Buyer must then provide the Seller with detailed feedback in the WorkPlace on what work remains outstanding. The Seller must provide, and be given the chance to provide, at least two iterations of the deliverables based on detailed feedback from the Buyer;
  • if the Buyer does not either i) pay the Invoice or ii) reject the Invoice within such seven (7) day period WomELLE will provide assistance to the Seller to chase payment and may temporarily or permanently restrict the Buyer's account. If the Invoice remains unpaid after fifteen (15) days a final 24-hour notification will be issued to the Buyer. If after 24 hours the Buyer has not responded to this notification the funds in the Escrow Account, up to the unpaid Invoice amount, will be automatically processed and will remain at the discretion of WomELLE for approval.
  • if the Buyer pays the invoice or funds are utilised in accordance with d) above, WomELLE and the Seller will be entitled to assume that the Buyer is satisfied with the Job and does not have a dispute of any kind in relation to the Job. The Buyer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.
 
3.3 Per Hour Contracts

The Seller's payment for Per Hour Contracts is set as a per hour rate Job using the per hour rate as stated on the Seller’s profile at the time of the Per Hour Contract setup. The Buyer agrees to pay the Seller based on the time spent, not on the real or perceived quality of any deliverables provided. The Seller agrees to use the WomELLE Time Tracker App and track the time they spend working on the Job which gives the Buyer access to the breakdown of the Seller’s billable hours.

On acceptance of a Per Hour Proposal and on hire request, the Buyer must place a valid payment method on file and gives authorization to WomELLE to charge it repeatedly per WomELLE’s Terms and Conditions.

Every seven (7) days an invoice will be automatically raised by the system on behalf of the Seller according to the number of hours tracked by the Seller during the last seven (7) days and the per hour rate of the Per Hour Contract.

Upon invoice raise:

  • The Buyer can pay the Invoice manually within three (3) days of the Invoice being raised. 

  • If not paid manually by the Buyer within three (3) days, the invoice will be automatically paid by the system charging one of the payment methods of the Buyer on file at any time.
  • The Buyer can reject the invoice within three (3) days of the Invoice being raised only if screenshots of the Seller’s screen taken of service, online meeting or in person prove that the Seller was not working on the Buyer’s Job during the time.
 
3.3.1 Protection for Sellers

In the rare event that a Buyer refuses payment for legitimate services performed by a Seller, WomELLE will provide limited payment protection to the Seller as mentioned below (“Per Hour Payment Protection”). Per Hour Payment Protection will be provided only if all of the following criteria are met:

  • Seller must have used the WomELLE platform to keep track of work.

  • Buyer must have an Account in good standing and at least one valid and authenticated Payment Method, and Buyer must agree to automatically pay for hours billed by the Seller.
  • Seller’s Account must be in good standing.
  • The screenshots of the Seller’s screen taken and submitted must be clearly related to the applicable Job requirements or Buyer instructions in the WorkPlace.
  • The number of hours billed must not exceed the weekly limit of hours as defined in the Per Hour Contract.
  • Within ten (10) days after invoice raise, if the invoice is rejected the Seller must submit a Dispute specifically identifying the details of the work that should be paid. Within ten (10) days after invoice raise, if the invoice is not rejected and not paid the Seller must contact WomELLE Customer Support identifying the details of the work that should be paid.
WomELLE
Features
Support
Contact


Copyright © 2018 - WomELLE, Corp