PLEASE READ THIS USER AGREEMENT AND ALL OTHER AGREEMENTS AND POLICIES REFERENCED HEREIN COLLECTIVELY DEFINED BELOW AS THE “TERMS OF SERVICE” CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
This User Agreement (this “Agreement”) is a contract between you (“you”, “user”, “Client”, “Project Manager” or “Professional”) Yozae Pvt. Ltd. (“Yozae” “we,” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User on our website located at https://yozae.com/terms-of-service/ or any part of the rest of the Site (defined in the Site Terms of Use) or the Site Services (defined in the Site Terms of Use).
This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time: (list all documents which fall under terms of service) These agreements are collectively, with this Agreement, called the “Terms of Service”.
Subject to the conditions set forth herein, Yozae. may, in its sole discretion, amend this Agreement and the other Terms of Service at any time without notice via posting a revised version on the Site. Yozae will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. If the Substantial Change includes an increase to Fees charged by Yozae, Yozae will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”).
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE ARBITRATION PROVISION OF THIS AGREEMENT (SUBJECT TO YOUR RIGHT TO OPT OUT OF THE ARBITRATION PROVISION) IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE.
IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO YOU AND THAT ENTITY OR AGENCY.
Section 1 discusses what you must agree to before using the Site or Site Services and the different types of accounts that can be created on the Site, as detailed below.
By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by registering (Sign up) an account on the site, you agree to abide by this Agreement and the other Terms of Service.
To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to the Site Terms of Use, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. Yozae reserves the right to decline a registration to join Yozae or to add an Account of any type (i.e., as a Client or Professional), for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.
If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company. Your privacy is important to Yozae and your information will be handled in accordance with our Privacy Policy, which is part of the Terms of Service, and applicable law.
Yozae offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the Site and Site Services, you must, and hereby represent that you: (a) are an employee or agent of and authorized to act for and bind an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity); (b) will use the Site and Site Services for business purposes only; (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of Freelancer Services; and (d) are either a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts.
To register for an Account to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services you or your business provides and to correct any such information that is or becomes false or misleading.
As described in this Section, there are a number of different Account types. Once you register for one Account type, you can add the other Account types under the same username and password however, if you sign up using google account signup (Gmail) it is recommended to use another email to register the relevant account type. For example, if you already have a Professional Account (defined below), you can add a Client Account (defined below) as a separate account type. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
You can register for an Account to use the Site and Site Services as a Client (a “Client Account”).
Professionals: You can register for an Account to use the Site and Site Services as a Freelancer (a “Professionals Account”).
Project Managers: You can register for an Account to use the Site and Site Services as a Freelancer (a “Professional upgraded Role to Project Manager Account”).
Agency and Team Member: The Agency can register its Professional accounts, it is required that the Agency or Team Name be mentioned under Agency/Team Name of each Professional Profile.
You acknowledge and agree that the Agency is solely responsible, and assumes all liability, for: (a) the classification of your Agency Members as employees or independent contractors; and (b) paying your Agency Members in accordance with applicable law for work performed on behalf of the Agency for Projects. You further acknowledge and agree that the Agency Members’ Profiles may display work history that includes work done under the Agency Account, including after the Agency Member is no longer an Agency Member.
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. You represent and warrant that: (a) the User is authorized to act on your behalf; and (b) you are fully responsible and liable for the User’s acts and omissions, including for obligations and liabilities relating to making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Site and Site Services. Upon closure of an Account, Yozae may close any or all related Accounts.
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of yourself or your business on Yozae. You authorize Yozae, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited. When a verification is successfully completed, Account features will be restored.
When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize Yozae to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use both or (b) the use would violate the Terms of Service.
Section 2 discusses what Yozae does and does not do when providing the Site and Site Services and some of your responsibilities when using the Site to find or enter into a project, as detailed below.
Subject to the Terms of Service, Yozae provides the Site Services to Users, including hosting and maintaining the Site, facilitating the formation of onetime or on-going projects or services, and related invoicing, and assisting Users in resolving disputes which may arise in connection with those projects or services. When a User enters into a project or service agreement, the User uses the Site to invoice and pay any amounts owed under the project.
In all interactions and transactions facilitated by Yozae, including but not limited to the communication and engagement between the client and the service provider (Project Manager, Professional, etc.), Yozae shall operate solely as a moderator. Yozae assumes no liability for any miscommunication, miscommitment, or disputes arising between the parties involved. However, in the event of a dispute, either party may initiate a resolution process by issuing a ticket.
Upon the client’s approval of the project and the payment of a deposit, the terms, requirements, and cost estimate agreed upon by the client become final. Should there be any changes in project requirements during its execution, Yozae reserves the right to issue an additional invoice, and project resources may be adjusted accordingly at the discretion of the Project Manager.
Upon the successful completion of the project or task (referred to as “Service” or “Product”), the client’s approval signifies their satisfaction with the work, the project and or milestone is marked completed and payment is considered cleared. Subsequently, any responsibility or accountability for issues falls solely upon the client. The client may issue a ticket for any concerns but shall not hold the Service Provider responsible in any manner. The Service Provider may be requested to make corrections in accordance with the Post Production support policy, also called the Support Warranty which by default last 15 days’ only post completion.
Throughout the lifecycle of the project or service and in all matters mentioned herein, you acknowledge, agree, and understand that Yozae shall maintain its role as a moderator and shall be indemnified from any and all responsibilities. Yozae will provide assistance in resolving issues in accordance with the terms and limitations stipulated in our Service agreement.
Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) agreeing to and executing any terms or conditions of the Product; (c) performing Services; or (d) paying for Professional Services.
You further acknowledge, agree, and understand that: (i) you are not an employee of Yozae, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers’ compensation insurance); (ii) Yozae will not have any liability or obligations, including under or related to Projects and/or Professional Services for any acts or omissions by you or other Users; (iii) Yozae does not, in any way, supervise, direct, or control any Professional or Professional Services; does not dictate the performance, methods or process Professionals use to perform services; and Yozae does not set or have any control over Professionals work hours, work schedules, or work location; (iv) Freelancer (Professional) will be paid at such times and amounts as agreed with the payout policy, and Yozae does not, in any way, provide or guarantee Professionals a regular salary or any minimum, regular payment; (v) Yozae does not provide Freelancers (Professionals) with training or any equipment, labor, tools, or materials related to any Project; (vi) Yozae does not provide the premises at which Professionals will perform the work.; and (vii) Yozae does not provide shipping services for any physical Product.
Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose, provided, if applicable, Users comply with the Opt Out provisions. Users are free at all times to engage in such other business activities and services, as long as they do not compromise any commitment accepted and engaged on the Yozae Platform. To include they should under no circumstances attempt to engage the Client off the Yozae Platform, if attempted the Professional and or Project Manager will be held liable and faces immediate suspension of account and all activities on the Yozae Platform. Following suit, an investigation will be launched which could lead to legal penalties for damages incurred to Yozae.
Professionals acknowledges and agrees that Professional is solely responsible (a) for all other tax liability associated with payments received through Yozae, as Yozae will only hold 3 percent (or 6 percent, if the Professional has not filed their taxes) Withholding Tax for the Professionals residing in Pakistan as required by the Federal Law Government; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Professional is not covered by or eligible for any insurance from Yozae; (c) for determining whether Professional is required by applicable law to issue any particular invoices for the Freelancer Fees and for issuing any invoices so required; (d) for determining whether Professional is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Professional Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of Pakistan, the Professional is responsible to pay their own taxes and for determining if Yozae is required by applicable law to withhold any amount of the Professional Fees and for notifying Yozae of any such requirement and indemnifying Yozae for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Yozae, Professional agrees to promptly cooperate with Yozae and provide copies of Professional’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Professional is engaging in an independent business as represented to Yozae.
You hereby acknowledge and agree that Users publish and request Yozae to publish on their behalf information on the Site about the User, such as feedback, composite feedback, geographical location, or verification of identity or credentials.
You acknowledge and agree that User feedback benefits the marketplace, all Users, and the efficiency of the Site and you specifically request that Yozae post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you, including your Project Success Score, wherever referenced, and other User Content highlighted by Yozae on the Site or otherwise (“Composite Information”), if any, may include User comments, User ratings, indicators of User satisfaction, and other feedback left exclusively by other Users. You further acknowledge and agree that Yozae will make Composite Information available to other Users, including composite or compiled feedback. Yozae provides its feedback system as a means through which Users can share their opinions of other Users publicly, and Yozae does not censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the business or services advertised in the Profile. You agree not to use the Composite Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content. Yozae is not legally responsible for any feedback or comments posted or made available on the Site 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, Yozae reserves the right (but is under no obligation) to remove posted feedback or information that, in Yozae’s sole judgment, violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Yozae. You acknowledge and agree that you will notify Yozae of any error or inaccurate statement in your feedback results, including the Composite Information, and that if you do not do so, Yozae may rely on the accuracy of such information.
Section 3 discusses the relationship you may decide to enter into with another User, including Project Contracts between Users, as detailed below.
Users may agree to any terms they deem appropriate with respect to confidentiality, including those set forth in the Optional Project Contract Terms. If and to the extent that the Users do not articulate any different agreement with regard to confidentiality, then they agree that this Section 3.3 (Confidential Information) applies.
To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.
Section 4 discusses what you agree to concerning whether a professional is an employee or independent contractor and when you agree to use Yozae Payroll, as detailed below.
Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Yozae and a User.
Client is solely responsible for and has complete discretion with regard to approval of Project setup by the Project Manager based on the Requirements approved by the Client. Client is solely responsible for and assumes all liability for determining whether professionals should be engaged as project based independent contractors or dedicated resources of Client and engaging them accordingly. Client warrants its decisions regarding classification are correct and its manner of engaging professionals complies with applicable laws, regulations, and rules. Yozae has no involvement in and will have no liability arising from or relating to the classification of a Professional generally or with regard to a particular Project after the client appoints a or any professional.
Section 5 discusses your agreement to pay Professional Service Fees on Project contracts, and describes what happens if a Client doesn’t pay, and related topics, as detailed below.
Deposit Payment: On approval of the Project Estimate, the Client shall make a deposit equal to the amount specified in the Invoice, unless otherwise stated based on milestone Projects. This deposit serves as client confirmation and is held by YOZAE until project completion. Upon completion of the project and the Client’s approval of the work (which indicates the Client’s satisfaction of deliverables and release of funds), the deposit shall be transferred to the earnings invoice of the Professionals and Project Managers involved in the Project, minus YOZAE’s commission.
Any Payments due based on additional invoices made during the Project based on changes or addition in Project Scope shall have to be cleared before Project is marked complete. All final project assets, including work, material, content, programs, access information, guidance, etc., shall only be handed over to the Client after the remaining payment is made or cleared by the Client. YOZAE’s commission will be retained by default, and an invoice will be issued for each Professional and Project Manager based on the hours worked, subtracting YOZAE’s commission.
Milestone Payments/Deposits for Long-Term Projects: If the Project has a lifecycle spanning several months, the Invoice shall be broken down into Milestones. Once the Client approves the Estimate, they must deposit the initial Milestone payment. Upon completion of each Milestone, the payment is cleared. The same process as described above applies to the issuance of earning invoices for Professionals and Project Managers involved in the Milestone, and the payment is marked approved for clearing. Once cleared, it is marked as paid.
The Invoice can be paid via Credit/Debit Card (Visa, MasterCard). After payment is made and confirmation received, the Project will be initiated. If the Client wishes to make the payment via Direct Debit or Wire transfer, they must confirm the payment with a receipt or reference number. YOZAE will then confirm the transaction and the amount received. Only after this confirmation will the Project be initiated.
Upon completion of the project and Client’s approval, the Project shall be marked as completed, and payments will be released from the Client Deposit, if applicable, or any remaining payments made by the Client will be processed first. After this, the Payments for each Professional and Project Manager included in the Project earning Invoice will be marked as Approved for Clearing.
For one-time Project Payments, the earning Invoice for each Professional and Project Manager is marked Approved for clearing upon project completion. Payments will be deposited into their designated bank accounts on the next scheduled Payment cycle date. All due Invoices will be cleared into their accounts at that time.
For Milestone Project Payments, the process is the same as one-time Project Payments, with multiple Invoices cleared for a single Project over a period of months.
The Scheduled Payment Date will be determined by YOZAE Management, and it could be either fortnightly (twice a month) on the 15th and the last date of each month, or once a month, depending on the volume of Payments.
Taxes and Deductions: YOZAE shall withhold 4% WHT (Withholding Tax) from all Earning Payments of Pakistani Professionals and Project Managers as required by law or 8% if the Professionals and Project Managers have not filed their taxes. Any other Deductions such as but not limited to performance indicators (Timeliness: 10%, Quality satisfaction of Deliverables: 5%, User Availability: 5%) if applicable, will be subtracted from the Earnings Invoice for the Project before WHT is applied.
Payment Method: YOZAE will make payments to the designated bank account of the Professional or Project Manager, as provided in their Bank Account Information. Payments will be deposited online for Pakistani Professionals and Project Managers.
In the event of any payment issues, it is the responsibility of the Professional or Project Manager to raise a ticket with YOZAE for an investigation to be launched.
The Site and the Site Services operate in U.S. Dollars. If a User’s Payment Method is denominated in a currency other than U.S. Dollars and requires currency conversion to make or receive payments in U.S. Dollars, the Site may display foreign currency conversion rates that Yozae, or our Affiliates currently make available to convert supported foreign currencies to U.S. Dollars. These foreign currency conversion rates adjust regularly based on market conditions. Please note that the wholesale currency conversion rates at which we or our Affiliates obtain foreign currency will usually be different than the foreign currency conversion rates offered on the Site. Each User, at its sole discretion and risk, may authorize the charge, debit, or credit of its Payment Method in a supported foreign currency and the conversion of the payment to U.S. Dollars at the foreign currency conversion rate displayed on the Site. If foreign currency conversion is required to make a payment in U.S. Dollars and Yozae or its Affiliate, as applicable, does not support the foreign currency or the User does not authorize the conversion of such payment at the foreign currency conversion rate displayed on the Site, Yozae or one of our Affiliates will charge, debit, or credit the User’s Payment Method in U.S. Dollars and the User’s Payment Method provider will convert the payment at a foreign currency conversion rate selected by the User’s Payment Method provider. The User’s Payment Method provider may also charge fees directly to the Payment Method even when no currency conversion is involved. The User’s authorization of a payment using a foreign currency conversion rate displayed on the Site is at the User’s sole risk. Yozae, and our Affiliates are not responsible for currency fluctuations that occur when billing or crediting a Payment Method denominated in a currency other than U.S. Dollars. Yozae, and our Affiliates are not responsible for currency fluctuations that occur when receiving or sending payments.
Section 6 discusses your agreement to make and receive payments only through Yozae from the date you first identify or meet your Client or Professional on the Site; violating this Section 6 is a serious breach and your Account may be permanently suspended for violations, as detailed below.
You acknowledge and agree that a substantial portion of the compensation Yozae receives for making the Site available to you is collected through the Service Fee described in Section 5. Yozae only receives the Service Fee when a Client and a Professional pay and receive payment through the Site. Therefore, you agree to use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that person and not to circumvent the Payment Methods offered on the Site.
By way of illustration and not in limitation of the foregoing, you agree not to:
You further agree you will not initiate unsolicited communications with any User outside of the Site, including, without limitation, using any information found on the Site such as name, company name, or other information on the Site, to solicit, contact, or attempt to solicit or contact or to or find the contact information of any other User.
You agree to notify Yozae immediately if a person suggests to you making or receiving payments other than through the Site in violation of this Section 7 or if you receive unsolicited contact outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential ticket to Yozae here (https://dashboard.yozae.com/account/tickets) assign it to the “Management” Group and Select Type “Support – Report Solicitation Off-Platform” under Other Details or you may initiate a direct chat with Support.
You acknowledge and agree that a violation of any provision in this Section 7.1 is a material breach of the Terms of Service. Your Account may be permanently suspended if you violate this Section 7.1. If you elect not to comply with certain conditions of using the Site, such as minimum rates supported on the Site, and therefore choose to cease using the Site, you may submit a request to Support.
You understand and agree that if Yozae determines, in its sole discretion, that you have violated Section 6, Yozae or its Affiliates may, to the maximum extent permitted by law (y) close your Account and revoke your authorization to use the Site and Site Services, and/or (z) charge you for all losses and costs (including any and all time of Yozae’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.
Section 7 discusses your agreement to make and keep all required records, as detailed below.
Users will each (a) create and maintain records to document satisfaction of their respective obligations under this Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (b) provide copies of such records to Yozae upon request. Nothing in this subsection requires or will be construed as requiring Yozae to supervise or monitor a User’s compliance with this Agreement, the other Terms of Service, or a Project Contract. You are solely responsible for creation, storage, and backup of your work or business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Yozae’s part to store, backup, retain, or grant access to any information or data for any period.
Section 8 discusses your agreement and understanding that the Site and Site Services may not always be available or work perfectly, as detailed below.
YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOZAE MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOZAE DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 13 (AGREEMENT TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST YOZAE WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
Section 9 discusses your agreement that Yozae usually will not have to pay you damages relating to your use of the Site and Site Services, as detailed below.
Yozae is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:
your use of or your inability to use our Site or Site Services;
delays or disruptions in our Site or Site Services;
viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
damage to your hardware device from the use of the Site or Site Services;
the content, actions, or inactions of third parties’ use of the Site or Site Services;
a suspension or other action taken with respect to your Account;
your reliance on the quality, accuracy, or reliability of Projects, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Site; and your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
ADDITIONALLY, IN NO EVENT WILL YOZAE, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF YOZAE, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF ANY FEES RETAINED BY YOZAE WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT OR PROFESSIONAL DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Section 10 discusses your agreement not to hold us responsible for any dispute you may have with another User, as detailed below.
In addition to the recognition that Yozae is not a party to any contract between clients and project managers or professionals, you hereby release Yozae, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, employees and service providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the time you enter into this agreement. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of the Professional service or product provided to Client by a Project Manager or Professional and requests for refunds based upon disputes. Procedures regarding the handling of certain disputes between Users.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
This release will not apply to a claim that Yozae failed to meet our obligations under the Terms of Service.
Section 11 discusses your agreement to pay for any costs or losses we have as a result of a claim brought against us related to your use of the Site or Site Services or your illegal or harmful conduct, as detailed below.
You will indemnify, defend, and hold harmless Yozae, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Site and the Site Services by you or your agents, including any payment obligations or default (described in Section 6.1 (Non-Payment)) incurred through use of the Site Services; (b) any Work Product or User Content developed, provided, or otherwise related to your use of the Site Services; (c) any Project Contract entered into by you or your agents, including, but not limited to, the classification of a Professional as an independent contractor; the classification of Yozae as an employer or joint employer of Professional ; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (d) failure to comply with the Terms of Service by you or your agents; (e) failure to comply with applicable law by you or your agents; (f) negligence, willful misconduct, or fraud by you or your agents; and (g) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents. For purposes of this Section 12, your agents include any person who has apparent authority to access or use your account demonstrated by using your username and password.
“Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.
“Indemnified Liability” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by an Indemnified Party against you or a third party or other User.
Section 12 discusses your and Yozae’s agreement about when and how long this Agreement will last, when and how either you or Yozae can end this Agreement, and what happens if either of us ends the Agreement, as detailed below.
Unless both you and Yozae expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to [email protected] In the event you properly terminate this Agreement, your right to use the Site and Site Services is automatically revoked, and your Account will be closed. Yozae is not a party to any Project Contract between Users. Consequently, User understands and acknowledges that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Project Contract or Project entered into between Users. If you attempt to terminate this Agreement while having one or more open Projects, you agree (a) you hereby instruct Yozae to close any open projects; (b) you will continue to be bound by this Agreement and the other Terms of Service until all such Projects have closed on the Site; (c) Yozae will continue to perform those Site Services necessary to complete any open Project or related transaction between you and another User; and (d) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Project Contracts, whichever is later, to Yozae for any Site Services or such other amounts owed under the Terms of Service and to any Project Manager or Professionals for any Professional Services.
Without limiting Yozae’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Site or Site Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Yozae or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without Yozae’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law.
You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users, including both yourself and other Users who have entered into Project Contracts with you. You therefore agree as follows:
IF YOZAE DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, YOZAE HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO PROJECT CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT YOZAE WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.
Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and any closure of your Account may involve deletion of any content stored in your Account for which Yozae will have no liability whatsoever. Yozae, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions requiring arbitration, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or Yozae from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.
Section 13 discusses your agreement with Yozae and our agreement with you about how we will resolve any disputes, including that we will both first try to resolve any dispute informally and, if you are in Pakistan, that we both agree to use arbitration instead of going to court or using a jury if we can’t resolve the dispute informally, as detailed below.
Any dispute arising after the ticket solution has been deemed not to provide redress; YOZAE and you agree to settle matters in courts of arbitration. The applicable law will be the law of Pakistan and the details will be shared accordingly when such a time arrives.
YOZAE HAS THE ABSOLUTE POWER TO CHANGE THIS SECTION OF THE AGREEMENT IN TIME WITH NO NOTICE BEING GIVEN WHATSOEVER.
This Arbitration Provision is the full and complete agreement relating to the formal resolution of Claims. Except as otherwise provided in this Arbitration Provision, this Arbitration Provision covers, and the arbitrator shall have exclusive jurisdiction to decide, all disputes arising out of or relating to the interpretation, enforcement, or application of this Arbitration Provision, including the enforceability, revocability, scope, or validity of the Arbitration Provision or any portion of the Arbitration Provision. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Arbitration Provision, this Agreement, or any other part of the Terms of Service is void or voidable.
In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver below, of this Arbitration Provision is deemed to be unenforceable, you and Yozae agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
You may opt out of the Arbitration Provision contained in this Section 13 by notifying Yozae in writing within 30 days of the date you first registered for the Site. To opt out, you must send a written notification to Yozae at D-20, Block 2, Scheme 5, Clifton, Karachi, Pakistan – 75600 that includes (a) your Account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a statement indicating that you wish to opt out of the Arbitration Provision. Alternatively, you may send this written notification to [email protected]. Opting out of this Arbitration Provision will not affect any other terms of this Agreement.
If you do not opt out as provided in this Section, continuing your relationship with Yozae constitutes mutual acceptance of the terms of this Arbitration Provision by you and Yozae. You have the right to consult with counsel of your choice concerning this Agreement and the Arbitration Provision.
This Arbitration Provision replaces all prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Provision. In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable. If any portion of the Class Action Waiver in Section 13.3, above, is deemed to be unenforceable, you and Yozae agree that this Arbitration Provision will be enforced to the fullest extent permitted by law.
Section 14 discusses additional terms of the agreement between you and Yozae, including that the Terms of Service contain our full agreement, how the agreement will be interpreted and applied, and your agreement not to access the Site from certain locations, as detailed below.
This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and Yozae relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though Yozae drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Yozae because of the authorship of any provision of the Terms of Service.
No modification or amendment to the Terms of Service will be binding upon Yozae unless they are agreed in a written instrument signed by a duly authorized representative of Yozae or posted on the Site by Yozae. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
User may not assign the Terms of Service, or any of its rights or obligations hereunder, without Yozae’s prior written consent in the form of a written instrument signed by a duly authorized representative of Yozae. Yozae may freely assign this Agreement and the other Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.
The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities.
In connection with the Site Terms of Use, you may be entitled to receive, or we may otherwise provide, certain records from Yozae or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form.
Note: By agreeing with our Terms and Conditions you have also agreed to our Privacy Policy (View).
PROVIDING QUALITY SERVICES WITH SOLUTIONS THAT WORK FOR YOU.
Jump start your “Startup” idea. Tight budgets, having problems deciding you stack with scale in mind. We are here to help!
Want to expand you services and increase your revenue. Let us do the heavy lifting and support your business growth at cost effective rates.
Tired of dealing with old systems. Let us Revamp your business and automate your workflow. Saving you time and Money in the process.
Let us work on your dedicated Systems Maintenance, Marketing, SEO, Anayltics needs and more. So you can focus on what matters.
Just click on the button “Create a Work Request” or any of the categories above that fit your requirements. Sign-in or up, fill out your Work Request and submit. Your Project Manager will get in touch with you.
NOTE: You can also create a Work Request from your Dashboard after you Sign-up or Sign-in.
After you submit your Work Request. A Project Manager (PM) is assigned to you.
NOTE: Your Deposit is just for confirmation. The Payment will only be cleared after your final approval. If your Work Request Spans over a period on Months. Then a Milestone based payment will be implemented. Simply the Deposit is made per Milestone and the Payment will be cleared on completion of each, on your approval.
Our charges are based on the 3 parameters.
NOTE: Our hourly rates a very competitive. All charges are calculated in USD
Your assigned, dedicated Project Manager who is in constant contact with you regarding all matters related to your Project (Work Request), will be available to assist you at all times. You can either share your issue(s) with them and have them addressed.
You may also raise a Ticket from your account dashboard and we will take it up on your behalf.
Once you make your deposit. It is held as the same and cannot be released until you approve and finalise the completed Work Request. Only after your approval are the funds released.
NOTE: All Payments after your Approval are final and YOZAE nor the Resources involved in the Work Request are accountable for any issues. That being said our 15 Days Support Warranty is available to resolve any issues with the Deliverables as per your Work Request requirements. Please make sure you verify and clarify all concerns before you Approve the Deliverables.
In the event your Work Request has an issue during an On-going Project, that cannot be resolved between yourself and your Project Manager. You can open a Ticket regarding the issue.
We will investigate the matter thoroughly. If we cannot come to a resolution. You shall have two options:
NOTE: Our aim is the solve your problems and we are adamant in that endeavour.
Yes we do Provide Post Work Request Support for 15 days (Support Warranty). After or during which you can subscribe to our Maintenance and Support services. Which covers a host of ongoing service requirements.
Any problem arising after your Work Request was completed, you may raise a Ticket and we will have your assigned Project Manager get in touch with you. Any Problem with the deliverables based on your Work Request will be addressed.
Not a Problem. You can still raise a Ticket and explain the issue you are facing. We will alert your Project Manager and they will do their best to resolve the issue. You can also subscribe to our Maintenance and Support Services at any time.
Efficient and Cost Effective Project Management
15 Days Post Work Request Support
Service
Secure and Encrypted Payments via Debit/Credit (Visa, MasterCard)
YOZAE believes in equitable work for equitable pay keeping Quality Client Services in mind.
Lets work together and build a better today.
QUICK LINKS :
WORK REQUESTS :