These terms and conditions stipulate the mutual rights and obligations of POTWORKA and Users arising from use of the website www.potworka.com and associated Services POTWORKA provides in relation to this website.
Before you start using Services, you must accept these terms and conditions ("Terms"). Please read these Terms carefully, together with any other terms made available by us from time to time, as they govern your use of our Services. These Terms tell you who we are, how you and we may change or end the agreement between us, and other important information. By accepting them and using our website you are agreeing to be bound by these Terms. If you do not understand or do not wish to be bound by these Terms, you should not register for the Account.
A few highlights of these Terms include:
(a) You agree services are provided “as is” and without warranty (Section 15).
(b) You agree POTWORKA have no liability regarding the Services (Section 15).
(c) You acknowledge and agree POTWORKA do not supervise directly or control a Taker’s work or Jobs in any manner (Section 15). Both parties are connected via job tools and must do their best to clearly determine when each respective Job is completed and help each other to reach DONE / DONE status.
(d) You agree to indemnify POTWORKA from claims due to your use or inability to use the Services or content submitted from your account to the website (Section 16).
DEFINITIONS
"Account" consists of the User's profile where Users may view their personal details, history of their Jobs and Job's details, their reviews and notifications by us. The Account is connected to the Payment system. One Account is used to act as Giver OR Taker for any Jobs.
"Giver" is a User who requests a Job to be done at www.potworka.com in consideration for a Payment. The Giver must be over 18 years old.
"Taker" is person who accepts Jobs after he/she is approved by the Giver, he/she will complete the Job.
"Job" is a small, achievable micro job or task that can be performed on given location or virtually from anywhere and is arranged on and offered at the Marketplace.
"Marketplace" is a place on POTWORKA website where Jobs are listed and visible for the Users.
"Payment" is preapproved payment of the Payment Offer amount anytime in the future when Job state reach DONE / DONE status from both parties.
"Payment Offer" is a remuneration offered by a Giver including all costs of the Giver and all associated Job related expenses being proposed by the Giver. These fees should be clearly listed before “submitting” job.
"Payment system" is software that enables to process and settle Payments via the PayPal system or other online payment systems, as may be introduced by POTWORKA in future.
"POTWORKA" or "we" is a company potworka s.r.o with registered office at Vodičkova 704/36, 110 00 Praha 1, Id. No.: 062 79 201, registered in the Commercial Register kept by the Municipal Court in Prague, ref. no.: C 279378, that provides the Services related to the Marketplace of minor (micro) jobs offered at www.potworka.com.
"Reward Payment" is a Payment minus of all associated and transfer fees, as the final amount may be visible on connected Payment System.
"Services" include an expectation of mutual contact between Parties (Givers and Takers), from listing and complete flow of the Jobs, use and maintenance of the Payment system and other support services related to Jobs, Marketplace and Job completion.
"User" or "you" is a Taker or a Giver depending on the context of the Terms, using the Marketplace and Services of POTWORKA. The User must be over 18 years old to act on POTWORKA.
SUBJECT MATTER OF THE SERVICES
Based on this Terms, POTWORKA will provide Services and all commercially reasonable support of a Giver's search for a Taker willing to complete respective Job specified by any Giver.
Based on these Terms, POTWORKA will provide Services and all commercially reasonable support of a Taker's search of a Job to be completed by him/her in return for the Reward Payment, paid by the Giver to the Taker.
By opening a Job, the Giver undertakes to pay to the Taker the Payment Offer containing POTWORKA fee.
The Taker acknowledges and agrees that in consideration of the Services POTWORKA chain payment will continue pay a service fee as specified in clause 11.2 of these Terms and full Reward Payment amount stays on Takers account.
BEFORE THE REGISTRATION TO THE SERVICES
Our website and Services are not intended and may not be used by persons under the age of 18. If we believe or determine that you have not reached 18 years of age, we may suspend your use of our Services until you have provided us with acceptable proof of age.
REGISTRATION AND ACCOUNT
In order to use our Services and the Marketplace you must create an Account by a registration at www.potworka.com. You are required to provide a valid and verifiable e-mail address to receive related notifications and payment processing details. You are responsible to update POTWORKA if any change in detail occurs.
You are responsible to protect your www.potworka.com access and password details for your Account against any misuse. If your Account is misused, you are required to notify us in order we may hinder any further misuses and potential damages of your reputation as well as the reputation of POTWORKA Services.
It is forbidden to register or otherwise dispose with more than one Account and as a Giver you are not allowed to offer same Job twice using more than one Account.
It is forbidden to use the Account to send spam or any other unauthorized advertisements or solicitations or to post any links, instructions or material that may contain software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment or to damage the Services.
CREATING AND SUBMITTING AN OPEN JOB
Every Job must be described in a clear, understandable way to minimize confusion . We highly recommend including photographs to Job descriptions and conditions, to be most precise.
As a Giver, you may define the location of the Job to be performed and the deadline date you wish it to be completed. If you do not define the location, the Job is to be designated by default a “Virtual” Job.
If you do not define the start of completion date of a Job it must be paid once completed and status marked “Done” by selected Taker.
The minimum Payment Offer for one Open Job is EUR 6.
You must preapprove the Payment Offer you are willing to pay for each Job on the Payment System. Jobs without a valid preapproved payment on the Payment System will not be reviewed and will not be listed at the Marketplace.
A new Job Giver submits a Job and said Job offer is sent for a review by our team. Within 24 hours from submitting the Job we either approve your offer or revert back to you with our comments, questions and guidance whenever possible.
For Givers with established and sufficient rating history Job offers are immediately approved and displayed in the Job offer section of the Marketplace ("Open Job") once submitted.
To attain a sufficient rating history as a Giver you must have at least five Done (completed) and paid Jobs, and your rating must be 3.5 stars or higher.
A Giver is not allowed to edit details of the approved and listed Open Job. The Giver may however increase the Payment Offer without our Job review, for example in response to feedback from potential Takers.
Once a Taker is approved and assigned a Job, the Giver is not allowed to decrease the Payment Offer.
I WANT TO DO IT
Takers can apply for any Open Job ("Take a Job") via "I WANT TO DO IT" action and provide a "why me?" message to the Giver.
Open Jobs taken by at least one Taker will have the status "Taken Job".
Before Taking a Job, a Taker should be confident he/she is able to satisfactorily perform the Open Job in accordance with Job description provided. The Taker acknowledges and agrees that if the Taken Job will not be performed sufficiently (see clause 12), he/she may receive bad rating of skills & reputation that may cause him/her to not to be selected for other Jobs, in future.
The number of Takers applying simultaneously for one Open Job is not limited. The Taken Job stays Open for Taking by other Takers until the Giver selects one of the Takers.
Once a Giver selects one of the Takers who have Taken a Job, all other Takers will get an e-mail notification that the Job have been assigned to an alternative Taker and Job status will reflect new "Job in Progress" status.
JOB IN PROGRESS
Once Job is Taken work will start and the Job's status will be changed to "In Progress". Jobs in Progress will not be listed at the Marketplace anymore and will only be visible to the Giver and the selected Taker in their "My Jobs" section.
Until the Job In Progress has been DONE (see clause 9), a Giver may edit only to increase Payment Offer and no other Job edits are allowed on a running Job.
Selected Takers receive an e-mail confirming that he/she has been assigned to the Job and both the Giver and the Taker will be connected via Job Chat on their Accounts.
JOB DONE
After a Job has been completed satisfactorily, a Taker shall send (if required) all necessary evidence and information regarding the performance and completion of the Job via the Job Chat and finally click the "CLAIM JOB DONE" button on Job detail. A notification that the Job is done by the Taker will be sent to the Giver ("Job DONE").
If the Giver is satisfied with the performed Job, he/she can click "JOB DONE" in order to finish the process and pay for the Job DONE (release preapproved payment).
In the case the Giver is not satisfied with the performed Job, he/she may start a Complaint Procedure (please see section 12).
Givers and Takers shall rate each other using 1-5 stars, whith 5 stars rating the highest possible score and represents the best service and satisfaction. Without providing any Rating of finished Job, both Givers and Takers will not be allowed to perform any further action on POTWORKA website.
JOB ESCAPE
A Giver may cancel An Open Job any time before it is assigned to the selected Taker without any further consequences.
A Giver may cancel a Job in Progress, but this will be subject to penalty of lowering his/her rating. In addition to that, the Giver will be charged with 50% of the cancelling Job Payment Offer and POTWORKA will transfer 50% of Payment Reward to confirmed Taker without duty to finish the Job. Giver cannot request the Taker to finish the Job after the Job is cancelled.
A Taker may leave A Taken Job any time before he/she is selected according the section 1.1 of these Terms without any further consequences.
A selected Taker may refuse to perform A Taken Job, but this will be subject to penalty of lowering his/her rating, and depending how serious the breach is we may be entitled to apply additional usage sanctions defined in the section 14 of these Terms.
Refused Jobs will be again displayed in the Open Job section and we will immediately inform all previously interested Takers that the Job is now Open for taking once again.
FEES AND PAYMENT CONDITIONS
After Jobs In Progress is confirmed to have a status Job DONE by a Taker, the Giver shall also claim the Job DONE to pay the Payment.
As a consideration for the Services, we will charge the service fee in the amount of 10% of the Payment ("Service Fee") The Service Fee shall be deducted from the Payment after the Payment is credited to the Taker as a Primary Reciever in a chain payment. The Service Fee includes costs of the transaction between the Giver and the Taker and our regular costs for arrangement of Services.
POTWORKA reserve the right to increase or decrease the Service Fee to protect sustainability of the Marketplace and/or to protect its existence, credibility and growth. Changing the Service fee will not affect Open Jobs. New Service Fee will affect only new Jobs created after the change.
All Takers shall declare all their income related to the Payments according to the applicable law and shall be responsible for payment of all applicable taxes. POTWORKA is not responsible for the payment of the taxes.
All Givers shall accurately state Jobs as costs according to respective accounting rules, if applicable.
POTWORKA does not provide any invoices or bills in respect of Jobs. Each party can find all POTWORKA transactions on the connected Payment System as they are processed immediately after DONE / DONE of every Job.
The Jobs with the status Job DONE cannot be refunded.
COMPLAINT PROCEDURE
Users may initiate a Complaint Procedure on their Accounts. In order to initiate a Complaint Procedure, the complainant must be actively responding to POTWORKA Compliant communication.
In case the Complaint Procedure is started in respect of the Job, both the Giver and the Taker may send to POTWORKA up to 3 pictures (or 1 minute video) with full EXIF data taken at the same day (or newer) as the Complaint day together with a statement of what is incomplete or unsatisfactory.
If Taker is found at fault such a loss will be considered as a first warning (see Section 14.5). The Job will be released back to Open Job status.
If a Giver is found at fault, he/she is obliged to confirm the status "Job DONE" and to pay the Payment for the Job DONE within next 24 hours.
If the Payment as described in clause 12.7 of these Terms is not paid within 24 hours, we will reimburse any such amount up to EUR 50 to the Taker and block the account of the Giver in breach. In order to unblock the Account, the Givers must pay POTWORKA the payment we have reimbursed Taker together witha penalty in the amount of of the Payment that will be used to support the POTWORKA AGENTS fund.
POTWORKA AGENTS
All Takers with more than 20 JOB(s) DONE and cumulative earnings amounting to more than 900€ and reaching rating of 4 stars or higher may apply for the position of a POTWORKA Agent.
13.2 Agents have an access to general and anonymous activities of Jobs and their locations to help and facilitate Takers and Givers success. As a POTWORKA Agent you may also participate in the exclusive Jobs created by us or create your own specific Jobs that are financed by us and serve some public purpose ("Public Goods Job").
13.3 POTWORKA Agents will also have access to paid POTWORKA Jobs accessible only for Agents.
14. RULES OF CONDUCT AND SANCTIONS
14.1 You shall build your creditability to become a reliable Giver or Taker to eventually reach the rank to qualify as a POTWORKA Agent in your location to unlock special Jobs.
14.2 By using the Services, you represent, warrant and agree that you will not:
(a) Act in a dishonest, unreliable way or to post any false, misleading or fraudulent information;
(b) Restrain to perform the Job or withhold the Payment;
(c) Do anything that could disable, overburden or impair the proper performing of the Services;
(d) Harvest, collect or use contact information of Users of the Services;
(e) Offer any contest, sweepstakes, coupon or other promotion through the Services without our prior written consent;
(f) Intimidate or harass other User;
(g) Start jobs that violate the law or anyone's rights, including intellectual property rights or other proprietary rights or jobs that might be defined as scams.
14.3 We reserve the right to exclude any kind of a Job that would be against the Ethical Code, general rules included in these Terms or originating from suspicious accounts where the identity of the Users cannot be proven.
(a) JOBS have to be DONE first
(b) JOBS DONE have to be PAID
(c) PLAY FAIR to grow your REPUTATION
(d) WORK hard & precise on others NEEDS
(e) Jobs against LAW, LIFE & FREEDOM are not allowed
(f) PUBLIC GOODS jobs are welcomed & supported
("Ethical Code").
14.4 You also acknowledge that if you violate POTWORKA ethics or general rules included in these Terms, you will be warned once. After a second breach we have the right to block your Account (including your Payment system) and discipline up to terminating your participation as a User of our Services.
14.5 You acknowledge and agree that we cannot guarantee that (i) Open Jobs will be Taken and Done by Takers or (ii) that the particular Taker will be selected and confirmed for the Taken Job.
OUR RESPONSIBILITY (LIABILITY) TO YOU
Use of the Services and the POTWORKA website is entirely at your own risk.
Users are discouraged from disclosing any personal details in Job description. All necessary details can be shared between the Giver and the selected Taker via Job Chat only. Users shall not disclose any personal details to the Marketplace. Also, in case of private-related Jobs we recommend you to select only Takers you know personally to avoid any risks related to unknown Takers without POTWORKA rating and reputation.
The Services and the POTWORKA website are provided on an "as is" basis without warranties of any kind, either express or implied.
Notwithstanding any feature a User may use, each User is solely responsible for determining the Job and selecting a Taker. We do not warrant any goods or services purchased by a User and do not recommend any particular Taker.
We do not oversee, monitor or supervise the posting, scoping or performance of Jobs. Accordingly, Givers must determine for themselves whether a Taker is qualified to perform the specific Job at hand. Givers may wish to consult their state or local requirements to determine whether certain Jobs are required to be performed by a licensed professional.
Under any circumstances we are not liable to you for: a) any losses that were not caused by us; b) any business losses or liabilities, including loss of profit, loss of income, loss of goodwill (this means the good reputation enjoyed by a legal entity), loss of anticipated savings, loss of data, loss of business, business interruption or loss of business opportunity, however caused; c) any data breaches by third parties with whom you chose to share information. If you breach these Terms, we are not liable to you for any loss or damage you may suffer because of your breach.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless POTWORKA, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, successors and assigns, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use the Services, or (ii) your breach or violation of these Terms; (iii) your violation of any law the rights of any User or third party (iv) any content submitted by you or using your account to the website, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. POTWORKA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of POTWORKA.
PERSONAL DATA PROTECTION
By using the Services, you acknowledge and agree that your personal information may be processed in accordance with the POTWORKA Privacy Policy, which is an integral part to this Terms of Service and hereby incorporated by reference, and with the applicable law.
The POTWORKA Privacy Policy, which is an integral part to this Terms of Service, explains all subjects about the processing of your personal data.
CLOSING/DELETING YOUR ACCOUNT
You may close your Account at your own discretion and at any time if there are not any Active Jobs by requesting to "Delete Account".
POTWORKA may terminate, limit or suspend your right to use the Services in the event that we believe that you have breached these Terms (a "User Breach") by providing you with written or email notice of such User Breach and such termination or suspension, and termination or suspension will be effective immediately upon delivery of such notice.
If POTWORKA terminates, limits, or suspends your right to use the Services as a User for a User Breach, you will not be entitled to any refund of unused balance in your account, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating, limiting, or suspending your account, POTWORKA reserves the right to take appropriate legal action, including without limitation pursuing arbitration, criminal, and injunctive redress.
Even after your right to use the Services is terminated, limited, or suspended, these Terms will remain enforceable against you.
We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of the Services at our sole discretion. We are not liable to you for any modification or discontinuance of all or any portion of the Services. We have the right to restrict anyone from completing registration as a User if we believe such person may threaten the safety and integrity of the Services, or if, in our discretion, such restriction is necessary to address any other reasonable business concern.
If you or we close your account, you will lose access to your Account and to all of the information and services associated with it. We may need to keep certain information about you for regulatory reasons. Any third party you shared information with through POTWORKA will still have those details after you have closed your Account.
INTELLECTUAL PROPERTY
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that Users see or read using Services is owned by us, excluding User Generated Content that we have the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Proprietary Material is protected by the laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the website without our express prior written consent and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of POTWORKA, including any logos are owned by us. Any other trademarks, service marks, logos and/or trade names appearing via the website are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
In other words, the above mentioned means that you must not do any of the following:
(a) Copy, sell, give, assign, or market our website to any third party;
(b) Modify, reuse, disassemble or decompile our website or any part of it;
(c) Reverse engineer our website or any part of it (this means analyse our website in order to work out its function or structure, whether with or without the intention of re-creating or modifying it); or
(d) Translate or create derivative works (adaptations) based on our website or any part of it.
For the purposes of these Terms, only we own or are the licensee of all intellectual property in or arising out of or in connection with our website.
FINAL PROVISIONS
For all purposes hereof and in the performance of its obligations under these Terms, each party acknowledges that it is acting as and shall remain an independent contractor, that it is solely responsible for its actions or inactions, and that nothing in these Terms will be deemed or construed to create an employment relationship between the parties.
Your rights or obligations under these Terms cannot be transferred, assigned, sublicensed, subcontracted, and dealt in any other manner without our prior written approval.
We may change or add to these Terms and conditions from time to time, for example to reflect any changes: (i) in our policies or relevant laws and regulatory requirements; (ii) in the functionality of our website; or (iii) imposed on us by a third party. If we do make any changes, we will tell you and direct you to the revised Terms the next time you use our website. If you do not understand or agree with the revised terms and conditions, you should stop using our website and close your account. We will always post the most current version of the Terms on our website.
No other change to these Terms shall be valid.
Each of these Terms operates separately, meaning that if a court or other relevant authority decides that any term or condition cannot be enforced, the others will still remain in full force and effect.
If we do not enforce any of our rights under these Terms, this failure does not mean that we cannot or will not decide to enforce that right at a later point.
Czech law governs These Terms and conditions. This means Czech law applies to any dispute or claim arising from these Terms and conditions or your use of our website.
Claimants must bring legal proceedings in respect of these Terms and/or your use of our website in Czech courts.
In case of any conflict between the wording of the Ethical Code and these Terms, the provisions of the Terms in Czech language shall prevail.
