Welcome to SkillUpWork (“SkillUpWork,” “we,” “our,” or “us”). This User Agreement (“Agreement”) governs your relationship with SkillUpWork and your use of the SkillUpWork website, mobile application, and related services (collectively, the “Platform”).
By creating an account or using the Platform, you (“User,” “Client,” or “Freelancer”) agree to comply with and be legally bound by this Agreement, our Terms of Service, Privacy Policy, and all related policies and guidelines.
1. Overview
SkillUpWork provides an online marketplace that enables:
- Clients to post projects, search for talent, and hire Freelancers.
- Freelancers to offer services, bid on projects, and complete work for payment.
SkillUpWork acts only as a facilitator — not as an employer, agent, or guarantor — for transactions and contracts formed between Users.
2. Account Eligibility and Verification
- You must be at least 18 years old to register and use SkillUpWork.
- You agree to provide accurate and truthful information during registration and verification.
- You may not share your account credentials or allow others to use your account.
- SkillUpWork may require identity verification, such as KYC documents, business registration proof, or payment method validation.
- SkillUpWork reserves the right to suspend or terminate accounts that provide false information or engage in suspicious activity.
3. Role of SkillUpWork
- Neutral Platform: SkillUpWork is not a party to contracts between Clients and Freelancers.
- No Employment Relationship: Freelancers are independent contractors, not employees or agents of SkillUpWork.
- Payment Processor: SkillUpWork may facilitate payments through secure third-party gateways or internal Escrow systems.
- No Guarantee: SkillUpWork does not guarantee the quality, legality, or completion of any Project or service.
4. Project Postings and Proposals
- Clients may post Projects describing required services, budget, and timeline.
- Freelancers may submit proposals, including bids, pricing, and terms.
- Submitting a proposal or accepting a project forms a binding agreement between Client and Freelancer under this User Agreement.
- Clients agree to pay Freelancers for work delivered in accordance with agreed milestones or scope.
5. Contracts Between Users
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When a Client accepts a Freelancer’s proposal, both parties form a Contract governed by:
- This User Agreement
- The Project Scope or Proposal terms
- Any additional written agreement between the parties
- Each party is responsible for ensuring compliance with tax, labor, and regulatory laws applicable to them.
- SkillUpWork may assist in dispute resolution but is not responsible for the content, outcome, or enforcement of contracts.
6. Payments and Fees
- Escrow or SafePay: SkillUpWork may hold Client funds in Escrow until milestones are approved.
- Service Fees: Freelancers pay a service fee on each completed transaction (percentage varies). Clients may pay processing or handling fees.
- Payment Release: Funds are released to Freelancers only after Client approval or automatic release under Escrow terms.
- Refunds: Processed as per our Dispute and Refund Policy.
- Taxes: Users are solely responsible for reporting and paying their own taxes.
- Withdrawal Limits: Subject to KYC and anti-fraud verification.
7. Dispute Resolution
- SkillUpWork encourages direct resolution between Clients and Freelancers.
- If resolution fails, SkillUpWork may offer Dispute Mediation or Arbitration Assistance.
- SkillUpWork’s decision in Escrow-related disputes will be final and binding.
- Users agree not to pursue legal claims against SkillUpWork for actions taken in good faith during dispute resolution.
8. Ownership of Work and Deliverables
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Unless otherwise agreed in writing:
- Upon full payment, Clients receive ownership of the final deliverables.
- Freelancers retain rights to pre-existing materials or tools.
- Freelancers must ensure all submitted work is original and does not infringe third-party rights.
- Clients may not resell or misuse deliverables without the Freelancer’s consent if not included in the agreement.
9. Non-Circumvention
- Users agree not to circumvent SkillUpWork by making direct payments or contracts outside the Platform for any Project initiated on SkillUpWork.
- Violation may result in account termination and a penalty fee up to the value of the avoided SkillUpWork fees.
10. User Conduct
You agree not to:
- Post false or misleading information.
- Engage in harassment, hate speech, or discriminatory conduct.
- Use multiple or fake accounts.
- Solicit or offer illegal services.
- Upload viruses, malware, or harmful content.
- Share confidential data without consent.
- Manipulate feedback or ratings.
SkillUpWork may suspend or terminate accounts violating these rules.
11. Feedback and Ratings
- Clients and Freelancers may leave mutual feedback upon project completion.
- Feedback must be honest and based on real experiences.
- SkillUpWork may remove reviews that are fraudulent, abusive, or violate policy.
- Ratings influence visibility, reputation, and future opportunities.
12. Termination and Account Suspension
SkillUpWork may suspend or terminate your account if you violate this Agreement, engage in fraud, fail payments/deliverables, or fail verification. You may request account closure at any time, but SkillUpWork may retain limited information for legal, security, or financial purposes.
13. Limitation of Liability
To the maximum extent permitted by law, SkillUpWork shall not be liable for any loss of profits, data, reputation, or consequential damages. Total liability shall not exceed the total service fees paid to SkillUpWork in the preceding six (6) months.
14. Indemnification
You agree to indemnify and hold harmless SkillUpWork, its affiliates, and employees from any claims, damages, or losses arising from your use of the Platform, breach of this Agreement, or third-party claims related to your content or actions.
15. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts located in New Delhi, India.
16. Updates and Modifications
SkillUpWork may modify or update this Agreement at any time. Continued use after updates constitutes acceptance of the new terms.
17. Contact Information
For questions or assistance, contact us at:
- info@skillupwork.com
- www.skillupwork.com