Term and conditions

THE FOLLOWING DESCRIBES THE TERMS ON WHICH VORK IT OUT ( hereinafter referred to as VIO) OFFERS YOU ACCESS TO OUR SERVICES.

Acceptance of User Agreement

    This user agreement ("User Agreement" or "Agreement") is a contract between you and VIO.com websites ("Site"). The Site is offered to you conditional on your acceptance of the User Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement. This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and VIO.com as to its subject matter. If you do not agree to any of these terms and conditions you should immediately cease to use the Site. Please note that VIO.com may close, suspend, or limit your access to your VIO.com account ("Account") or the Services provided on the Site ("Services"), and/or limit access to your funds if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.

Amendment of User Agreement

    VIO.com may amend or modify this User Agreement in whole or in part from time to time, without notice (unless such prior notice is required by law), by posting an amended User Agreement on the Site or any linked information. Such updated version of the User Agreement will be effective at the time we post it.

1. ELIGIBILITY

    VIO.com offers its Services to its Users and shall have absolute discretion as to whether or not to accept a particular applicant or site for participation in the service. Without limiting the foregoing, the Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. This Site is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of VIO.com Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorized use of their Account.

2. USERS

    The terms "You", "Your", "User", or "Users" refer to anyone accessing the Services or Site for any reason. VIO.com provides a venue to introduce Users who wish to provide professional services ("Professionals") and Users who seek such professional services ("Clients")(respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together online to complete, invoice and pay for projects.


3. LEGAL RELATIONSHIP BETWEEN YOU AND VIO.COM

3.1 Termination

  VIO.com reserves the right to terminate the participation of any User without reason but expressly including any User that VIO.com judges to be in violation of the User Agreement. Without limiting the foregoing, VIO.com may terminate the participation of a User if they are creating or participating in any manner whatsoever in causing problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other reasons.

3.2 Relationship between Users

    The parties to a project are the Professional, the Client and VIO.com. VIO.com is a party to a project for purposes limited to (a) the provision of the virtual venue and hosting of the Site(s) to enable selection of VIOs and projects, (b) supervising payment following satisfactory completion of a project as agreed between the Client and the professional, and provision of a process for Clients and Professionals to use when there is a disagreement about satisfactory completion of a project. Although VIO.com provides a virtual environment for definition of projects and assessment of Professional’s suitability, each Professional and each Client acknowledges and agrees that, despite any recommendation made by VIO.com of any VIO in relation to a project, they are responsible to identify and subsequently make their own sole decision and/or determination on the suitability or otherwise (as applicable) of a parties to perform or complete any project, including to provide funds during and/or on completion of any project and clarification on a project as required during the term of a project. VIO.com has not investigated the suitability of any party for any project and the Client acknowledges that it is its sole responsibility to assess the ability of a Professional to satisfactorily complete a project. Depending on their jurisdiction, the parties may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this agreement is intended to override a right that by applicable law may not be excluded. However, to the maximum extent permitted by law, the liability of VIO.com for any services it provides is limited to performing the services again. Upon the Client awarding a project to a Professional and its acceptance of a project on the Site, the Client agrees to purchase, and the Professional agrees to deliver the Provider Services in accordance with the following agreements: (1) the User Agreement; and (2) the User Services Agreement between the Client and Professional available on the Site, as amended from time to time; (3) any other contractual provisions accepted by both the parties uploaded to the Site, to the extent not inconsistent with the User Agreement; and (4) the project terms as awarded and accepted on the Site, to the extent not inconsistent with the User Agreement. VIO.com agrees to provide the venue and host the Site, including the hosting of the project. You agree not to enter into any contractual provisions in conflict with the User Agreement or in conflict with any provisions herein. Any provision of a member contract in conflict with the User Agreement or any provisions herein is void ab initio, except that VIO.com shall have the right to take appropriate legal action against the defaulting party/[arties to recover any losses or expenses or damages it may suffer either financially or otherwise to its operation or reputation.

3.3 User Responsibilities

    The responsibilities of the Professional and the Client are set out in the Services Agreement between the parties. A legally binding contract is formed when entering into a transaction with another User, unless the transaction is prohibited by law or by this User Agreement. A User is responsible for ensuring compliance with all its obligations to other Users and shall be liable to the other User for the same. The User is responsible to be fully aware of and fully understands all and any domestic laws (including common law), international laws, statutes, ordinances and regulations in relation to the Agreement or in any other uses of the of the Site. If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, VIO.com has no responsibility for enforcing any User rights.

3.4 No Insurance

    VIO.com does not offer any form of insurance or other Client or Professionals protection which will assist you, because the Site merely provides the online venue for Users to offer, sell, and buy professional services and is not otherwise involved in the transactions and interactions between the Parties. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited client or VIO protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site. Because user identification on the Internet is difficult, we cannot and do not confirm each User's purported identity.

3.5 Independent Contractors

    Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between VIO.com and any User.

3.6 Services offered by VIO.com

    VIO.com offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to Professionals and to enable themto efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service. Some of the Services offered at the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and VIO.com and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.

3.7 Terms of use

    The User understands and agrees to the following terms: Our Site acts as an online venue to allow Users to offer and buy professional services. As a result you acknowledge and agree that VIO.com has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of VIOs to provide the services or the Clients to pay for the services. We do not guarantee that a User will actually complete the professional services or act lawfully in using the Site. Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that VIO.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice. The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by VIO.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose. VIO.com provides unmonitored access to third-party content. VIO.com is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. VIO.com does not control nor always review the web sites to which we link from the Site. VIO.com, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value. VIO.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. VIO.com expects that the User will undertake necessary activities and practices and will use caution and common sense when using VIO.com for User's Account. 
3.8 Promotion
    You agree and acknowledge that unless explicitly requested, VIO.com may display your company name, logo and public description of your projects and profile as part of the VIO.com website(s) and / or other VIO.com marketing materials.

3.10 Notices: Consent to Contact

    You consent to VIO.com contacting you by electronic means as part of delivering the services outlined in this User Agreement. Additionally you consent to being contacted by electronic means by VIO.com for the marketing of campaigns, offers, new products or services.

4. FEES

    All fees are set forth in the summary of VIO.com's fees and charges which can be found on the Site. All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified. VIO.com earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by VIO.com that are accessible through the Site and to cover expenses and fees VIO.com incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, VIO.com transfers the remaining payment amount to the VIO. VIO.com charges fees in relation to the posting of a project; selecting a Professional; posting a featured project; hiding a project from search engines; hiding bids from other Users; posting a full time project; project commission fees; and other miscellaneous fees that are described on the Site. Users can choose various membership programs to subscribe to different levels of participation on the Site which will incur additional fees.

6. PAYMENTS

6.1 Not an escrow service

    VIO.com does not operate an Escrow service. VIO.com does have, however, a special, non-compulsory feature, which allows controlled payments to be made with respect to a project to a VIO. Depending on the agreement of the Client and Professional, the Client can create an advance payment which will remain pending until: (a) the Client and the Professional agree that the funds should be released to the Professional (b) until the Users have concluded the process of the Dispute Resolution Services (as defined below); (c) until the Client instructs VIO.com to pay a Professional that performed a service for him/her; or (d) until the Client acknowledges that the Professional has completed the service fully and satisfactory. If aClient does not approve of the Professional work product, the Parties have the option to resolve the issue through the terms of the Dispute Resolution Services set out below.

6.2 Inactive Users

    In the event that the Client has not provided any instruction to VIO.com with respect to a Payment within 1 year after the day that the Payment was made, and has not logged in during that time period, such Milestone Payment will be refunded to the User account of the person who initially paid it less applicable admin charges.

7. ACCOUNTS

7.1 Opening Account

    To become a User and access the Site and Services you must register for an "Account." You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.

7.2 Accounts

    You agree that you will not receive interest or other earnings on the funds that VIO.com handles as your behalf. VIO.com may receive interest on those funds. VIO.com will not be liable for any lost interest on such funds. All amounts are stated in and all payments will be made in US funds. VIO.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an Account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your VIO.com Account or face termination and any other remedies available to VIO.com to recover the funds. Any User that VIO.com removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.The decision of VIO.com shall be final in all cases and accepted by the Users. VIO.com requires you to make all payments to VIO.com and to make payments to and accept payments from other Users in the purchase and sale of Services for VIO.com projects directly through the mechanisms available on the Site. You understand and agree that VIO.com will not hold funds (including Payments) delivered to VIO.com from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of VIO.com in any account, at any institution, or in any other manner VIO.com may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by VIO.com for general corporate purposes or otherwise, provided that VIO.com will remain contractually obligated to make payment to you, as a VIO or Client, for any purchases and sales of Services provided by you through VIO.com. To the extent VIO.com is obligated to make payment to you, you will be an unsecured creditor of VIO.com.

7.3 Acknowledgement

    You acknowledge that: (1) VIO.com is not a bank or other licensed financial institutions and does not provide banking services; (2) the amounts shown as on deposit, including Milestone Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of VIO.com to the User with respect to the purchase and sale of Services through VIO.com; (3) VIO.com is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an Service provider and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute a milestone. By initiating and sending payments through VIO.com, you appoint VIO.com as your Service provider to obtain the funds and hold and to transfer such funds to the Professional or Client for Services, subject to these terms and conditions.

7.4 Account Balances

    If your Account has a negative balance, VIO.com may setoff the negative balance with any funds that you subsequently receive into your Account. To secure your performance of this Agreement, you grant to VIO.com a lien on and security interest in and to the funds held in your Account in the possession of VIO.com.

7.5 Inactive Accounts

    User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will incur a dormant account fee of US$10 per month until either the Account is terminated or reactivated. VIO.com reserves the right to cancel Inactive Accounts with a nil or negative balance.

7.6 Chargebacks

    You acknowledge and agree that VIO.com will be entitled to recover any chargebacks that may be imposed on VIO.com by a credit card issuer on funds paid to you by Clients through the Site. A chargeback occurs when anclient rejects or reverses a charge on his or her credit card through the credit card issuer. You agree that VIO.com may reverse any such payments made to you, which are subject to chargeback via a credit card issuer. To cover the cost of processing chargebacks, VIO.com assesses a US$20.00 fee to Users for credit and debit card payment chargebacks, in addition to actual costs charged by the Credit or debit card issuer.

7.7 Hold on funds

    VIO.com, in its sole discretion, may place a hold on any or all of the payments you receive when VIO.com believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. If VIO.com places a hold on any or all of the payments you receive, you will be provided with notice of our actions and the way in which to resolve the issue. If you are involved in a dispute, in certain circumstances VIO.com may place a temporary hold on the funds in your account to cover the amount of any potential liability. If the dispute is resolved in your favor,VIO.com will lift the temporary hold. If you lose the dispute, VIO.com may remove the funds from your Account.

7.8 Insufficient funds in Accounts

    If there are not sufficient funds in your User Account to meet outstanding fees and charges, VIO.com reserves the right to collect any amounts owing to VIO.com by any other legal means.

7.9 Taxes

    You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by VIO.com. These taxes will be added to fees billed to you, if applicable.

7.10 Identity Authentication

    You authorize VIO.com, directly or through third parties, to make any inquiries we consider necessary to validate your identity in compliance with applicable legislation and regulation, as well as for our own anti-fraud measures. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you; requiring you to take steps to confirm ownership of your email address or financial instruments; ordering a credit report; or verifying your information against third party databases or through other sources. We may ask to see your driver’s license or other relevant identifying documents. In addition, in some circumstances we may ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step. Commonwealth law may require that VIO.com verify the information provided to us before allowing access to fund transfer or withdrawal services through The Site. The Site reserves the right to close, suspend, or limit access to your User Account and/or VIO. com Services in the event we are unable to obtain or verify to our satisfaction the information required by this clause.

7. ACCOUNTS

7.1 Opening Account

    To become a User and access the Site and Services you must register for an "Account." You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.

7.2 Accounts

    You agree that you will not receive interest or other earnings on the funds that VIO.com handles as your behalf. VIO.com may receive interest on those funds. VIO.com will not be liable for any lost interest on such funds. All amounts are stated in and all payments will be made in US funds. VIO.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an Account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your VIO.com Account or face termination and any other remedies available to VIO.com to recover the funds. Any User that VIO.com removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.The decision of VIO.com shall be final in all cases and accepted by the Users. VIO.com requires you to make all payments to VIO.com and to make payments to and accept payments from other Users in the purchase and sale of Services for VIO.com projects directly through the mechanisms available on the Site. You understand and agree that VIO.com will not hold funds (including Payments) delivered to VIO.com from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of VIO.com in any account, at any institution, or in any other manner VIO.com may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by VIO.com for general corporate purposes or otherwise, provided that VIO.com will remain contractually obligated to make payment to you, as a VIO or Client, for any purchases and sales of Services provided by you through VIO.com. To the extent VIO.com is obligated to make payment to you, you will be an unsecured creditor of VIO.com.

7.3 Acknowledgement

    You acknowledge that: (1) VIO.com is not a bank or other licensed financial institutions and does not provide banking services; (2) the amounts shown as on deposit, including Milestone Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of VIO.com to the User with respect to the purchase and sale of Services through VIO.com; (3) VIO.com is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an Service provider and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute a milestone. By initiating and sending payments through VIO.com, you appoint VIO.com as your Service provider to obtain the funds and hold and to transfer such funds to the Professional or Client for Services, subject to these terms and conditions.

7.4 Account Balances

    If your Account has a negative balance, VIO.com may setoff the negative balance with any funds that you subsequently receive into your Account. To secure your performance of this Agreement, you grant to VIO.com a lien on and security interest in and to the funds held in your Account in the possession of VIO.com.

7.5 Inactive Accounts

    User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will incur a dormant account fee of US$10 per month until either the Account is terminated or reactivated. VIO.com reserves the right to cancel Inactive Accounts with a nil or negative balance.

7.6 Chargebacks

    You acknowledge and agree that VIO.com will be entitled to recover any chargebacks that may be imposed on VIO.com by a credit card issuer on funds paid to you by Clients through the Site. A chargeback occurs when anclient rejects or reverses a charge on his or her credit card through the credit card issuer. You agree that VIO.com may reverse any such payments made to you, which are subject to chargeback via a credit card issuer. To cover the cost of processing chargebacks, VIO.com assesses a US$20.00 fee to Users for credit and debit card payment chargebacks, in addition to actual costs charged by the Credit or debit card issuer.

7.7 Hold on funds

    VIO.com, in its sole discretion, may place a hold on any or all of the payments you receive when VIO.com believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. If VIO.com places a hold on any or all of the payments you receive, you will be provided with notice of our actions and the way in which to resolve the issue. If you are involved in a dispute, in certain circumstances VIO.com may place a temporary hold on the funds in your account to cover the amount of any potential liability. If the dispute is resolved in your favor,VIO.com will lift the temporary hold. If you lose the dispute, VIO.com may remove the funds from your Account.

7.8 Insufficient funds in Accounts

    If there are not sufficient funds in your User Account to meet outstanding fees and charges, VIO.com reserves the right to collect any amounts owing to VIO.com by any other legal means.

7.9 Taxes

    You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by VIO.com. These taxes will be added to fees billed to you, if applicable.

7.10 Identity Authentication

    You authorize VIO.com, directly or through third parties, to make any inquiries we consider necessary to validate your identity in compliance with applicable legislation and regulation, as well as for our own anti-fraud measures. This may include asking you for further information, requiring you to provide your date of birth, a taxpayer identification number and other information that will allow us to reasonably identify you; requiring you to take steps to confirm ownership of your email address or financial instruments; ordering a credit report; or verifying your information against third party databases or through other sources. We may ask to see your driver’s license or other relevant identifying documents. In addition, in some circumstances we may ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step. Commonwealth law may require that VIO.com verify the information provided to us before allowing access to fund transfer or withdrawal services through The Site. The Site reserves the right to close, suspend, or limit access to your User Account and/or VIO. com Services in the event we are unable to obtain or verify to our satisfaction the information required by this clause.

10.3 Client
    The Client agrees that:
  • The Client is strictly forbidden from redistributing any of the content of the Site, including but not necessary limited to private messages, documents and support tickets.
  • The Client will not use the Client's Account to post false or misleading project descriptions.
  • The Client will not post project descriptions that, in the judgment and discretion of VIO.com, are inappropriate to VIO.com audience and viewers.
  • The Client agrees to pay featured project fee if project posted should have been posted as featured.
  • The Client agrees to pay fulltime project fee if project posted should have been posted as fulltime.
  • The Client will not falsify the Client's own or any other identity.
  • The Client will comply with all of VIO.com policies as posted on the Site from time to time.
  • The Client shall not place any project in relation to any unlawful or illegal activity knowingly or otherwise and shall be held accountable for the consequences thereof to the extent as punishable under the existing laws and the compensation thereof.
10.4 PROFESSIONALS
    The Professionals agree that:
  • They will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents, support tickets and act in good faith.
  • They will not falsify own or any other identity.
  • They will comply with all VIO.com policies as posted on the Site from time to time.
  • They will be fully responsible for their actions and will not hold VIO.com for any losses or claims arising from their delaings.
10.5 Prohibited use of Site content

    The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to Vio.com. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site.
    Additionally, all Users agree not to:
  • use this Site or its contents for any commercial purpose;
  • access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of this Site for any purpose without our express written permission;
  • "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorisation; or
  • attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site or the services.
10.6 General restrictions
    Users agree that:
  • Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of VIO.com.
  • Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
  • Users will not contact clients or VIOs through the Site or through information gained from our Site with the intent of subverting them from using our Services.
  • Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
  • Users will not create multiple user Accounts for any reason, or under any circumstance.
  • 1. If you create a project, you cannot create another Account to bid on it, nor can you award yourself that project.
  • If you create a contest, you cannot create another Account to enter your own contest, nor can you award your entry the prize.
10.7 Consequences of termination

    In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from VIO.com. Without limiting VIO.com other remedies, to the extent you are in violation of this User Agreement, you must pay VIO.com for all fees owed to VIO.com and reimburse all losses and costs (including any and all VIO.com employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees. Each User and VIO.com agree that the damages that VIO.com will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and others, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then VIO.com may fine you up to US$3,000.00 for each such violation, without prejudice to its rights including but not limited to take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to US$3,000.00 is presently a reasonable pre-estimate or minimum estimate of VIO.com's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to VIO.com that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. You agree that VIO.com is entitled to deduct such charges directly from any existing balance in the offending Account, or any other VIO.com Account owned by you. Users that are terminated by VIO.com on mutually agreed basis shall be entitled to receive their final dues from VIO.com, as may be ascertained according to the circumstances. In the event of termination, you will have no claim whatsoever against VIO.com in respect of any such suspension or termination of your membership.

10.8 Account Verification

    If you do not complete account verification when requested within 12 months of the date of request, your account may be subject to termination.

11. DISPUTE RESOLUTION SERVICES

11.1 Dispute Resolution Services

    VIO.com offers the Dispute Resolution Services to registered users who have elected to use the Payment feature. The Users agree and acknowledge that: (i) VIO.com is not providing legal services; (ii) VIO.com will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on VIO.com for any such counsel. In the event of a dispute between anClient and a Professionl regarding a return or release of Milestone Payments, either Client or Professional may elect to use the Dispute Resolution Services offered by VIO.com. Upon acceptance, the Parties will then be notified that the matter will be addressed through the Dispute Resolution Services. VIO.com will respond to disputes initiated by a Professional or aClient in accordance with the Dispute Resolution Services as set out in this Clause 11 and in relation to disputes that arise in relation to the provision of the venue, and the hosting of the Site by VIO.com as set out in clause

16.4.

11.2 Other Disputes

    The Users/Parties acknowledge and agree that in the event a dispute arises between the Users in relation to any project, you will try to resolve the same directly within 30 days, including in relation to the quality of the services provided. In case of failure to do so, we encourage the parties to contact VIO.com as set out in Clause 21. In addition, the Users agree that any dispute that is not related to a Milestone Payment which must be dealt with in clause 11.1will be handled in accordance with this clause. VIO.com will have full rights and powers to make a determination for all such disputes. Upon receipt of a dispute, VIO.com shall have the right to request the Client and the Professional to provide documentation in support of their claim or position in relation to the dispute. The parties agree that VIO.com has absolute discretion to accept or reject any document provided. The Parties also acknowledge that VIO.com is not a judicial or alternative dispute resolution institution and will make the determinations only as an equitable and reasonable person. In addition, VIO.com does not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold VIO.com and any of its owners, directors and affiliates harmless against any damages or liability that may be suffered by any party as a result of any documentation or material subsequently being found to be false or misleading. In relation to disputes with any other users of the Site, you hereby agree to indemnify VIO.com from any and all claims, demands, liabilities, actions and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute, our determinations or the use of the Dispute Resolution Services for Milestone Payments and/or for Other Disputes.

11.3 The Dispute Team

    Both parties of the Dispute case can elect to have their dispute arbitrated by the Dispute Team. The role of the Dispute Team extends to making all actions necessary to resolve the case in an impartial and evidential manner. You acknowledge that the verdict of the Dispute Team is final, binding, and irreversible. All claims and actions (including, but not limited to, actions made by mistake) of the parties on the Dispute System are final, binding, and irreversible. You agree that the Dispute Team and VIO.com is hereby released from the actual and consequential damages brought about by these claims.

11.4 Dispute Resolution Services Code of Conduct

    The VIO Code of Conduct applies to all the services offered by VIO.com, including, but not limited to, the Dispute Resolution Services. It is agreed by the Parties/Users to make every endeavor at fair play and post reasonable and fair demands/offers on the dispute. A breach of the Code of Conduct during the Dispute Resolution Service process by one party would automatically lose the dispute in favor of the other party involved, regardless of the origin of the dispute. The user who breached the Code of Conduct would also incur proper disciplinary action. (For more information, read the VIO User Code of Conduct.)

11.5. Dispute Resolution Process

STAGE 1 - Identifying the issue

    The complainant should select the project and the Milestone payment or payments to be disputed. A user could contest all the Milestones related to a single project in one dispute. After which, a description of the issue and an explanation of why the dispute is being opened should be given. From this stage until Stage 3, users are encouraged to attach any files that could support their claims. Finally, the complainant is requested to enter the amount he or she is prepared to pay for the project (if aClient) or wish to get paid for the project (if a Professional). The amount could be between 0 and the total amount of the Milestone Payment(s) in question.

STAGE 2 - Negotiations

     At this stage, either party can negotiate for partial compensation, or (after a period of time) choose to have VIO.com's Dispute Team arbitrate the dispute. Both parties will have the opportunity to tell their side of the story and also negotiate terms to resolve the issue between them. Only the party who originally filed for the dispute can cancel the dispute. If the issue cannot be resolved through negotiation, either party can choose to pay the Arbitration Fee to have the dispute arbitrated by the Dispute Team. The Arbitration Fee will be refunded if before reaching arbitration the dispute is either settled through mutual agreement or cancelled.

STAGE 3 - Final Offers and Evidence

    After one of the involved parties has paid the Arbitration Fee, the other party has 4 days to also pay the fee. Either party still has the option in this period to negotiate with the other party. If the responding party does not pay the arbitration fee within the 4 days, the result will be in favor of the party who escalated the dispute into arbitration first. If a solution is found before the responding party pays the fee, the party who paid the Arbitration Fee will be refunded this fee. Stage 3 is the last stage where both users can submit their final evidence to support their case. After Stage 3, the involved parties are no longer allowed to submit evidence. The dispute will be resolved based solely on the evidence provided through the Dispute System. Once the dispute has proceeded to Stage 4, further evidence will no longer be accepted.

STAGE 4 - Arbitration

    At Stage 4, the Dispute Team will review all evidence and other information provided to reach a decision (usually within 48 hours). Dispute verdicts are final, binding, and irreversible. The party who wins the dispute will be rewarded costs as maydecided by the Arbitration team.

11.6 Evidential Requirements for Your Dispute

    Should you elect to have the Dispute Team arbitrate your dispute, you agree to allow the Dispute Team to read all correspondence made on VIO.com and download or access, and test (if necessary), all uploaded files, programs, and websites related to the dispute for the sole purpose of having your dispute resolved.
    You are highly encouraged to submit all the documents that would support your claims on your dispute.
  • Submit e-mail correspondences as screenshots or as *.eml files. If submitting screenshots, ensure that the "To", "From", and the "Date" bar is visible. E-mail correspondences sent in *.txt or *.doc or any word processing software will not be honoured.
  • IM conversations should be submitted as screenshots of the conversation from the IM software. Correspondences sent in *.txt, *.doc, or any word processing software will not be honoured.
  • Provide the products, contracts, and other files relating to the project and the dispute. VIO.com will retain the confidentiality of the project and the privacy of the involved users and will not release the collected information to any party unless required by a court of law.
12. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA

    Your personal information will be processed by VIO.com in accordance with this agreement to execute/accept your order and instructions and take necessary action on your behalf in accordance with the agreement. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between VIO.com and any associated entity within the VIO.com organisation. At such transfer, personal data may be transferred outside the EEC-area. By entering into this agreement, You hereby approve such processing of your personal information as set forth above, including processing of your personal identification number, and hereby give such consent as required for universal purposes unless revoked in writing as herein below. The consent hereby given may and can in whole or in part be revoked by giving written due notice to us. Should you choose to revokel your consent, and such action should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the same address. VIO.com may also disclose sensitive personal information only if required to comply with legal obligations or with your consent.

13. TRADEMARKS

    VIO.com is the trade mark of VorkIt Out Group which is fully owned by White FeathersConsultancy FZE, RAK, United Arab Emirates.

14. COPYRIGHT

14.1 Copyright of VIO.com

    The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of VIO.com and are protected by international copyright laws.

14.2 Copyright infringement

    It is our policy to respond to clear notices of alleged copyright infringement. Our policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.

15. NO WARRANTY

    VIO.com is not involved in the actual transaction between Professionals and Clients. Our Services, the Site and all content on it are provided on an as is basis and without warranties of any kind either express or implied. Without limiting the foregoing, VIO.com does not represent or warrant that:
  • the Site will be accurate, reliable, uninterrupted, secure or error-free;
  • defects in the Site will be corrected;
  • the Site or the server that makes it available are free of viruses or other harmful components.
    To the extent permitted by law, VIO.com specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.To the extent that VIO.com is able to limit the remedies available under this User Agreement, VIO.com expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at VIO.com sole discretion) :
    (1) in the case of goods, any one or more of the following:
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of the goods;
  • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired; and
    (2) in the case of services:
  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.
However, there is no warranty, express or implied, if there are sums outstanding to be paid under any User agreement by the Client, and the Client notifies such defect no later tha 7 days after first detection of the defects.
16. LIMITATION OF LIABILITY
16.1 Limitation of liability
In no event shall VIO.com, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
  • any indirect, special, incidental or consequential damages that may be incurred by you;
  • any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
  • any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
  • The limitations on VIO.com liability to you above shall apply whether or not VIO.com, its affiliates or staff have been advised of the possibility of such losses or damages arising.
  • Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of VIO.com and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
16.2 Jurisdiction's Limitations

    As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

16.3 Bar to action

    VIO.com may plead this User Agreement in bar to any claim, action, proceeding, class action or suit brought by you, against VIO.com for any matter arising out of any transaction or otherwise in respect of this User Agreement.

16.4 Dispute resolution

    If a dispute arises between you and VIO.com, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. For any claim, VIO.com may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If VIO. com elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that VIO.com will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims you bring against VIO.com must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, VIO.com may recover its legal fees and costs (including in-house attorneys and paralegals) , provided that VIO.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, VIO.com will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement. VIO.com’s 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.

17. INDEMNITY

    You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.

18. CURRENCY

    All transactions will be done in US Dollars only.

19. APPLICABLE LAW

    Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the State of Ras Al Khaimah, United Arab Emirates. You and VIO.com irrevocably submit to the exclusive jurisdiction of the courts of Ras Al Khaimah, United Arab Emirates.

20. GENERAL

    The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by VIO.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of VIO.com. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

21. CONTACTING US

    If you have any questions about these Terms or if you wish to report violations of these Terms, please contact VIO.com at support@VIO.com.

CODE OF CONDUCT

    Vorkitout.com has an obligation to conduct its business in accordance with all applicable rules, regulations and laws. We are committed to helping all Users act in a way that preserves trust and respect. This Code is meant as a guide to using our Site appropriately and must be followed at all times. Violations of this Code or any policies or procedures will result in disciplinary action, up to and including account termination. Any questions regarding this Code should be addressed to Vorkitout.com Support where we can provide you with additional information regarding the correct procedure(s) to follow and address any concerns you may have.
Personal Behavior
I will:
  • act ethically and with integrity;
  • comply with all of Vorkitout.com's policies
  • respect the rights of all Users;
  • not abuse confidential information, or participate in any other illegal practice;
  • have regard for Users' interests, rights and safety
  • not harass, bully or discriminate
  • not falsify my own or any other identity and I will provide true and correct information
User Content

I am responsible for the content I post on Vorkitout.com and I will not post content that:
  • infringes upon any copyright or other intellectual property right
  • violates any law or regulation;
  • is defamatory;
  • is obscene or contains child pornography;
  • includes incomplete, false or inaccurate information about a any person
  • contains any viruses or programming routines intended to damage any system;
  • creates liability for Vorkitout.ca or harms its business operation or reputation
Confidentiality

I will:
  • respect confidentiality and privacy
  • not disclose information or documents acquired, other than as required by law or where authorization is given;
Contact

I will not:
  • ask employers for their contact details, or attempt to otherwise contact employers outside the system before being awarding a winning bid
Fraud

I will:
  • report any breaches
  • not engage in fraud
  • not create multiple accounts
  • not use the Site to transfer funds illegally
  • not use the Site to generate false feedback
Communication

I will:
  • avoid exaggeration, derogatory remarks, and inappropriate references
  • not engage in personal attacks, negative or other unfair criticism or other unprofessional conduct
Bidding

I will not:
  • underbid to avoid fees;
  • participate in illegal projects
Spam or Advertising

I will not:
  • spam or advertise my website or service unless otherwise allowed
Affiliates

I will not:
  • refer myself for the Affiliate Program
  • obtain names from mailing lists, group emails, etc to send unsolicited emails ("Spam") Payments
Payments

I will not:
  • use Vorkitout.com to facilitate money exchange