terms and conditions (includes our privacy policy)
 

 

These terms and conditions govern your use of this website.  Our terms and conditions of service to you are those terms which are currently in force on the day that you use this website. These may change from time to time so please always check back to view any changes.

Please read these terms and conditions carefully as by continuing to use our site and by requesting our services you are agreeing to be bound by them.

1.         Interpretation

1.1        Certain words in these terms and conditions have particular meanings.  These are set out below:

"Advertisement" means matter relating to any person (corporate or otherwise) who is not CreateWork.com which is or is to be inserted on a page of this Website;

“Details” means the personal information that you provide to CreateWork.com;

“Member” means any Member and such term includes both Project Leaders and Skilled Workers;

“Project” means the details of work that a Member would like to be resolved or completed by other Members.  This term also includes any details stored in the “My Desk” area of the CreateWork.com Website in respect of each Member;

“Project Leader” means any person who registers with CreateWork.com and who submits details of work that he/she would like to be resolved or completed by other Members;

“Skilled Worker” means any person who registers with CreateWork.com with a view to using his/her skills to resolve issues or complete work for Project Leaders;

“Link” means any hypertext transfer protocol which by your clicking on it enables You to be directed to a different page of this Website or to a different Website altogether;

CreateWork.com” means CreateWork Limited;

Terms” means these terms and conditions including any material that you can directly access through links in these;

“Website” means the collection of web pages that CreateWork.com has published onto the Internet all of which can be found at, or linked from the Uniform Resource Locator http://www.CreateWork.com;

You” means you the user of this Website.

2.         Trademark Notice

2.1        The word ‘CreateWork.com’ in any colour or depiction is a trademark of CreateWork.com.  It is our policy to litigate over any breaches. Breaches shall include using the same words in relation to the provision of any similar service to that provided by CreateWork.com.  Breaches shall also include using a name or icon that may result in customers being confused into thinking that they are dealing with CreateWork.com.

3.         Copyright Notice

3.1        Unless otherwise specified the copyright in the contents of all the pages in this Website are owned or licensed to CreateWork.com.  You should not copy reproduce distribute post or transmit or link to any page for commercial or business reasons unless you have first received CreateWork.com's written permission to do so.

4.         Exclusion of CreateWork.com's liability

4.1        The information on this Website is not advice and You should not rely on it to make (or refrain from making) any decision or take (or refrain from taking) any action.  CreateWork.com does not make any warranty or representation as to the accuracy or fitness for purpose of any material on this Website;

4.2        CreateWork.com does not accept liability of any description including liability for negligence (except for personal injury or death) for any damages or losses (including without limitation loss of business revenue profits or consequential loss) whatsoever resulting from use of or inability to use this Website; 

4.3        whilst CreateWork.com shall use its best endeavors to update the material displayed on the Website it accepts no responsibility for any failure to do so;

4.4        CreateWork.com is not responsible or liable for any matter which is not within its direct control (including but not limited to the breakdown of the server or servers on which this Website is hosted).

5.         Members

5.1        CreateWork.com merely provides a facility whereby Project Leaders can post details of their Projects on the Website in the anticipation that Skilled Workers will be able to accommodate their needs/requests in respect of each Project posted, and at a price acceptable to them. CreateWork.com is not involved in the actual completion or execution of the Project and it therefore has no control over the quality, accuracy, suitability or legality of the listed and performed Projects nor the suitability and ability of the Skilled Worker to perform Projects;

5.2        these Terms do not create an agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between CreateWork.com and any Member;

5.3        each Members shall have the option of joining CreateWork.com’s regular mailing list, and of messaging other Members through CreateWork.com.  If a Member wishes to make contact with another Member directly, CreateWork.com will give them that other Member’s email address and contact details in order that direct contact can be made.  In such a case, CreateWork.com will make a charge for this, and each Member hereby consents to their contact details being passed to other Members for a fee as already detailed.  The fees charged by CreateWork.com for allowing direct communication between Members shall be entirely at CreateWork.com’s discretion and may change from time to time.  Members can also subscribe to receive search results of pre-defined search criteria after a fee has been paid.  Refunds will be given at the discretion of the Company Management;

5.4        Members and prospective Members must at all times act honestly and considerately when using this Website;

5.5        before being accepted as a Member, prospective Members may be asked by CreateWork.com to verify certain information about themselves.  Only on the receipt of proof of such verification will the prospective Member be accepted as a Member.  This does not however mean that CreateWork.com warrants the authenticity of any information that it receives from any prospective Member and it shall not be liable for any consequences whatsoever of any Member relying on information relating to another Member, theirs of which was verified by CreateWork.com;

5.6        all Members must comply with all reasonable requests made by CreateWork.com.  These may include but are not limited to requests that members change their passwords (either generally or specifically) or that any particular Member refrain from any action on the Website which may cause offence to other users;

5.7        CreateWork.com has the right to edit any message compiled by or posted onto this Website by a Member.  If it considers that a Member has not observed the common rules of courtesy relating to the use of this Website (including but not limited to posting commercial or marketing messages or sending unsolicited marketing emails), CreateWork.com may suspend or terminate a Member’s registration;

5.8        each Member hereby warrants that they own the copyright and any other intellectual property in any message Project or Advertisement that they post onto this Website.  Each Member also hereby grants to CreateWork.com a royalty free non-terminable license to use any such message, Project or Advertisement in a manner consistent with full ownership of the same;

5.9        subject to the provisions of the Data Protection laws of the UK, CreateWork.com at its sole discretion reserves the right to modify or delete any information that it holds or receives from any Member .  Each Member hereby expressly authorises CreateWork.com to modify or delete any information about or from him or her in accordance with this sub-clause and no correspondence will be entered into by CreateWork.com over such matters;

5.10      CreateWork.com stores Member details on its server in the United States of America and Members hereby expressly consent to this.

6.         Notifications

6.1        All notifications to CreateWork.com under these Terms must be in writing and shall be sent by receipted Email to: Info at CreateWork.com;

6.2        all notifications are deemed to arrive at the time of transmission if proof of successful sending is available.

7.         Advertisements and Links

7.1        This Website may contain material submitted and created by third parties (including Members).  CreateWork.com excludes all liability for any illegality arising from or error omission or inaccuracy in such material;

7.2        this Website may also contain Links to other websites which are not under the control of and are not maintained by CreateWork.com.  CreateWork.com is not responsible for the content of those sites.  CreateWork.com provides the Links for your convenience only and does not necessarily endorse the material on these sites.

8.         Data Protection and Privacy

8.1        Your Details are held and processed in accordance with CreateWork.com’s data protection registration.  Please also see our Privacy Policy for more details.  Click here to view it.

9.         Transfer of rights and obligations

9.1        You may not assign or transfer any of your rights or obligations without the written consent of CreateWork.com.  CreateWork.com may however assign or transfer its rights or obligations (or both) to a successor without consent or prior notice.

10.        Others

10.1      You acknowledge and agree that:

(a)        you have not been induced to agree to these Terms by any representation warranty or other assurance not expressly incorporated into it; and

(b)         in connection with these Terms that your only rights and remedies in relation to any representation warranty or other assurance are for breach of these Terms and that all other rights and remedies are excluded except in the case of fraud;

10.2      a person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from the Act.

11.        Waiver

11.1      If CreateWork.com delays in acting upon a breach by You of these Terms that delay shall not be regarded as a waiver of that breach. If it does waive a breach of these Terms that waiver is limited to that particular breach.

12.        Law governing the Terms

12.1      The use of this Website and these Terms shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation application and effect of all the above permissions exclusions licences and conditions of use;

12.2      the Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to out of or in connection with this Website and its use and these Terms.

13.        CreateWork.com as Agent

13.1      In the event that a Skilled Worker appoints CreateWork.com as its agent in respect of the collection of any fees that any relevant Project Leader may have agreed to pay to the Skilled Worker in respect of any particular Project:

13.1.1   each Project Leader hereby agrees that it will pay the sum agreed with the Skilled Worker to CreateWork.com before work is commenced on the Project;

13.1.2   each Skilled Worker also hereby agrees that CreateWork.com can retain any sums so collected until the relevant Project Leader has notified CreateWork.com that the work on the Project in question has been carried out to a satisfactory standard;

13.2      Members hereby agree that in respect of any Project, CreateWork.com shall not be liable to pay to any Member an amount that exceeds the amount that CreateWork.com holds on account of that Project.

14.        Disputes

14.1      In the event of a Project Leader being dissatisfied with the work carried out by a Skilled Worker, in the first instance, CreateWork.com will review the standard of the work carried out to ensure that it meets its required standards of quality of work done by Skilled Workers.  CreateWork.com may appoint a person with skills similar to those used by the Skilled Worker in question in order to enable the review to be carried out properly.  The costs of such appointment shall be borne by the Skilled Worker in the event that the work carried out is found to be sub-standard, or by the Project Leader if the work is found to be of satisfactory quality, and each Member hereby agrees to meet such charges on demand, subject only to the proviso that such fees shall not exceed one third of the fee agreed between the Skilled Worker and the Project Leader before any work was commenced.  If the Project Leader is still not satisfied with the outcome of the review, CreateWork.com will cease to be involved in the ‘dispute’ and the parties will be able to institute the procedures set out in clause 14.3 below.  If the procedures in clause 14.3 are not instituted within 2 months of the results of CreateWork.com’s review being notified to the Project Leader, CreateWork.com will pay the sums held on account of the Project in question to the relevant Skilled Worker less any sums previously agreed with the Skilled Worker for CreateWork.com’s fees;

14.2      if the procedures in clause 14.3 are instituted within 2 months of the results of CreateWork.com’s review being notified to the Project Leader, CreateWork.com will pay the sums held on account of the Project in question to the Project Leader if that is the outcome of the proceedings, or to the Skilled Worker less any agreed fees should this be the outcome;

14.3      should any dispute arise between Members out of or pursuant to this Agreement either party may require that the dispute be referred for determination to such person as may be agreed upon by the parties or failing agreement as to the person to be appointed within 14 days after the occurrence of any such dispute, a person nominated by the Chairman for the time being of The London Bar Council at the instance of any of the parties involved, provided that such nominated person shall be if the question in issue is:-

14.3.1   primarily an accounting matter, an independent practising accountant of not less than ten years standing; or

           

14.3.2   primarily a legal matter, a practising senior counsel or solicitor of not less than ten years standing; or

           

14.3.3   any other matter, a suitably qualified and experienced independent person

14.4      the person appointed or nominated in terms of clause 14.3 (“the Expert”) shall in all respects act as an expert and not as an arbitrator.

14.5      the Expert shall not be bound to follow the general principles of law, but may decide the matters submitted to him according to what he considers just and equitable in the circumstances and therefore the strict rules of evidence or any legal formalities or procedures need not be observed or be taken into account by him in arriving at this decision.

14.6      the Expert shall be vested with entire discretion as to the procedure and manner to be followed in arriving at his decision.

14.7      the Expert shall be entitled:

14.7.1   to investigate or cause to be investigated any main, fact or thing which he or she considers necessary or desirable in connection with the dispute and, for that purpose, shall have the widest powers of investigating all the books and records of the Business and/or any of the parties to the dispute and the right to take copies and/or to make extracts therefrom and the right to have them produced and/or delivered at any reasonable place required by him for the aforesaid purposes:

14.7.2   to interview and question under oath any of the parties and/or director or officer of the parties from the signature date of any of the parties and, where applicable their respective subsidiaries; and

14.7.3   to make such awards including an award for specific performance, damages or a penalty or otherwise as he in his discretion deems fit end appropriate.

14.8      Any hearing by the Expert shall be held in a location mutually agreed to by the parties.

14.9      The parties shall use their best endeavours to cause the decision of the Expert to be given within twenty-one days or so soon thereafter as may be possible after it has been demanded.

14.10    The Expert’s decision shall be final and binding on all parties affected thereby, shall be carried into effect and may be made an order of any competent court at the instance of any of the parties.

14.11    This clause constitutes an irrevocable consent by the parties to any proceedings in terms thereof and none of the parties shall be entitled to withdraw therefrom or to claim at any such proceedings that he/it is not bound by the provisions of this clause.

14.12    The costs associated with the dispute resolution shall be borne as directed by the Expert in his/her determination.  If his/her determination is silent as to costs, each party shall bear their own costs.

14.13    This clause is severable from the rest of this Agreement and shall therefore remain of full force and effect if this Agreement is terminated or cancelled for any reason at any time.

15.        PRIVACY POLICY

15.1      Our Policy is simple, and is designed to confirm how we treat any personal information that is provided to us.

15.2      CreateWork.com is registered with the Data Protection Registrar, and its use of your information will always be in accordance with its registration.  You can access details of the registration by visiting the government’s website that relates to data protection at http://www.dataprotection.gov.uk. CreateWork.com is registered under number [PZ6792256]. 

15.3      If CreateWork.com's policy changes, we shall immediately change the contents of this page; you may therefore wish to check this page every time that you visit our Website. In addition, you may also wish to read our Terms and Conditions, as these set the framework for the use of our Website and services.

            15.3.1.              Help

15.3.1.1            If you have any questions at any time regarding this policy, please contact us at Privacy at CreateWork.com - we are here to help you.

            15.3.2.              Your Information

15.3.2.1            In order to get information about Projects and Skilled Workers we require You to register on our Website.  When you first register, CreateWork.com will ask you for your email address, your full name and also ask You to select a username.  The username that you choose will be made known to other Members although your full name and email address will not.  Your contact details (name, address, fax and telephone numbers, and email address) will only be made known to other Members who pay to get in touch with you.  If you would like to create a Project or find work then further information will be requested about your particular requirements;

15.3.2.2            as a Skilled Worker, your skills, work experience and other information about you will be publicly viewable on this Website once You have entered them onto the site

15.3.2.3            as a Project Leader when you add a Project, the skill requirements needed for the completion of the Project, and other Project information that you provide will publicly viewable on this Website.  You will nevertheless have the option as to whether You want your business name to be identifiable with the Project in question;

15.3.2.4            CreateWork.com may use cookies throughout this Website to store your password and state information which indicates where You are on the Website.  This is to allow for the personalisation of your online experience without the need for You to type in your login information and field data during each page visit;

            15.3.3.              Opting Out

15.3.3.1            CreateWork.com sends Newsletters to Members periodically and all Members can ask to be excluded from such mailing when registering.  After registration each Member can ask to be excluded by modifying their personal preferences that are held on the Website; 

15.3.3.2            all Members can ask to be de-registered at any time by sending an email (from the email address registered on the CreateWork com site) containing their username to Remove at CreateWork.com;

            15.3.4.              Security

15.3.4.1            CreateWork.com has stringent security measures in place to ensure that any information that is posted onto the Website is not accessed in any manner outside the scope of this policy.  It is however your responsibility in ensuring that you do not allow your recorded information to be accessed through any unauthorised use of your password;

15.3.4.3            CreateWork.com uses WorldPay plc to process online payments.  WorldPay plc is independent to CreateWork.com and is a trusted payment solutions provider whose services are endorsed by all the major UK banks.  For more information about WorldPay plc, please visit its website at http://www.WorldPay.co.uk;

            15.3.5.              Contests

15.3.5.1            occasionally, CreateWork.com may run contests or promotions on this Website.  Should you register for any of these, your contact details will be included in the contest/promotion. This information will however only be used for the purpose defined in the contest/promotion.