Welcome to AskaTechie!
AskaTechie consists of online services and a website located at askatechie.com, including subdomains, that connect users looking for technology services and individuals with the expertise to provide such services (each, a “Techie”) (collectively, the “Platform”), which is provided to you by AskaTechie Technology Services Inc. (“AskaTechie”).
2. USING THE PLATFORM
The Platform may require hardware including, without limitation, a computer or mobile device and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Platform and to pay all fees incurred by you when accessing the Platform through an Internet connection.
3. PLATFORM SUBSCRIPTION
3.1 Platform Subscription.
3.2 Information Collection.
4. TECHIE BOOKING
4.1 Techie Service Types.
Techies may provide services to clients in one of three ways: (1) time-billed services; (2) fixed price services; or (3) per project or ongoing contract services.
4.2 Time-Billed and Fixed Price Services.
(a) Time-Billed Services. You may book an appointment with a Techie by selecting an appointment duration from the schedule provided by each Techie on the Platform (“Time Slot”). The rates for each Techie’s Time Slot are set out, and agreed to by you when you book an appointment within the Platform. The rates are subject to change on one or more occasions at AskaTechie’s sole and absolute discretion without notice. You may also choose your preferred method of communicating with a Techie, among the methods offered at the time. Once an appointment is confirmed, it is your responsibility to be available via the method of communication and at the time you selected. If you wish to continue your appointment with a Techie beyond the pre-agreed Time Slot, you may purchase additional time to add onto your Time Slot if the Techie offers you to do so.
(b) Fixed Price Services. Techies may offer services for a fixed-price, which may be booked by selecting the applicable fixed-price services and a Time Slot during which such services are to be provided. Each Techie shall set the scope and cost of fixed-price services.
(c) Payment and Remittance. You shall pre-pay AskaTechie for time-billed and fixed price Techie services, which AskaTechie shall remit to the Techie, minus AskaTechie’s Commission (as defined below), within 20-30 days following performance of the Techie services.
(d) Refunds. If you are unsatisfied with a Techie’s services, and the value of the unsatisfactory Techie services is equal to or less than $120.00 USD, you may request a refund within 15 calendar days following performance of such services by emailing firstname.lastname@example.org. Whether a refund is granted shall be determined by AskaTechie in its sole and absolute discretion. If the value of the unsatisfactory Techie services exceeds $120.00 USD, you may register a dispute by emailing AskaTechie at email@example.com within 15 calendar days following performance of such services, following which such dispute shall be subject to the dispute resolution process set forward in section 13 below.
4.3 Project and Ongoing Contract Services.
Where a Techie is discovered on the Platform by a client or the client is connected to a Techie by AskaTechie and such Techie performs services on a project or ongoing contract basis, the following terms apply:
(a) Project. The client shall provide the Techie with a start and end date for the project and milestones, defined as either time spent or specific deliverables and, following, the Techie shall provide a fixed-price for the project, which the client must agree to prior to the Techie commencing services. If the services are performed on an hourly basis, the Techie has the option to track hours of work using the service specified by AskaTechie.
(b) Ongoing Contract. The client shall provide the Techie with a start and end date for the contract and details of the services to be performed by the Techie and the Techie shall provide the client with its an hourly rate for services performed during the contract. The Techie has the option to track hours of work using the service specified by AskaTechie.
(c) Duration. Upon completion of a project or contract, the parties may agree to extend the services duration and, in such case, shall advise AskaTechie. The duration of project or contract services shall not exceed 365 days.
(d) Agreement Required. The client and Techie shall prepare an agreement governing the services to be performed by the Techie and that shall address key areas including, but not limited to, scope of the services to be performed and intellectual property ownership. AskaTechie requires that it be provided with the agreement prior to services commencing, which agreement shall be used solely to facilitate AskaTechie’s role as a payment portal.
(e) Invoicing. AskaTechie acts in the limited role of a payment portal and, in such capacity, shall invoice clients on behalf of a Techie pursuant to the payment terms outlined in the agreement provided to AskaTechie by the parties. The Techie shall provide AskaTechie with the amount of each invoice, tax to charge on each invoice and the date for issuing each invoice prior to AskaTechie issuing any invoice. Such invoice shall state the Techie’s name, address and contact information while also containing AskaTechie’s information including, but not limited to, its logo, contact information and a statement that the invoice is powered by AskaTechie’s Platform. It is the Techie’s responsibility to provide AskaTechie with correct invoice information and AskaTechie shall not be liable for any errors in an invoice attributable to information provided by a Techie.
(f) Payment holding period. Upon receipt of payment from a client for project or contract services agreed to and performed by a Techie, AskaTechie shall withhold remitting such funds to the Techie for a period of 15 calendar days to allow the client to register any disputes concerning the Services with AskaTechie. If no dispute is registered with AskaTechie, the funds shall be remitted to the Techie, minus AskaTechie’s Commission (as defined below), within 20-30 calendar days after payment has been received.
(g) Dispute. You may send any dispute concerning a Techie’s project or contract services to AskaTechie by email at firstname.lastname@example.org within the applicable withholding period, following which such dispute shall be subject to the dispute resolution process set forward in section 13 below. If no funds are currently held by AskaTechie concerning the project or contract services in dispute, AskaTechie shall not assist in resolving the dispute.
(a) Cancellation by Client. If you are a Client, you may cancel any time-billed or flat fee services Techie appointment up to 24 hours prior to the Time Slot for a full refund (the “Cancellation Period”) through the cancellation feature located within the Platform or by emailing email@example.com. If emailing AskaTechie, please provide your name, email, Techie information, time, and date of your appointment. Following the Cancellation Period, you will incur a penalty for cancelling your appointment amounting to the full cost of the cancelled appointment. You may cancel project or contract services pursuant to the cancellation terms contained in the agreement entered into between you and the Techie.
(b) Cancellation by Techie. If you are a Techie, you shall honour any appointment booked in one of your Time Slots but may cancel a time-billed or flat fee services appointment without penalty up to 24 hours after an appointment is booked through the cancellation feature located within the Platform and, thereafter, any cancellation shall incur the cancellation penalty as set forth in the terms provided in the Techie Starter Package. You may cancel project or contract services pursuant to the cancellation terms contained in the agreement entered into between you and the Client.
(c) Cancellation by AskaTechie. AskaTechie reserves the right to remove any offered Time Slot and cancel any booked appointment in its sole and absolute discretion, without any compensation to you. Notwithstanding the foregoing, if AskaTechie cancels a booked appointment it shall refund to you any funds pre-paid by you and not yet remitted to a Techie.
5. PAYMENT AND REMITTANCE
5.1 Payment Information. In order to make an appointment through the Platform you may be asked to provide certain information relevant to your appointment including, without limitation, your first and last name, credit card information, billing address and an email address (“Payment Information”). By making an appointment, you acknowledge and agree that AskaTechie may provide Payment Information to third parties for processing purposes and that such third parties may collect, use and disclose your Payment Information pursuant to such third parties’ privacy terms. It is your obligation to review and determine the acceptability of third party terms.
5.2 Remittance Information. In order to receive payment for services you provide as a Techie through the Platform, you shall provide AskaTechie with Paypal, Payoneer or another third party service specified by AskaTechie account details through which AskaTechie may remit payments owed to you. It is your responsibility to provide AskaTechie with correct and up-to-date remittance information and AskaTechie shall not be liable for any remittances you fail to receive based on incorrect or out-of-date remittance information.
6. TECHIE TERMS
6.1 Techie Application.
6.2 Techie Services.
Upon approval to act as a Techie, AskaTechie will list you on the Platform as a person available to provide Techie services consistent with the information included in your application and a calendar of Time Slots you indicated to be available. You agree to keep your available up to date on a daily basis. The Platform will automatically notify you by email and an Platform message once a user books an appointment. If you cease to operate as a Techie you must immediately terminate your Subscription pursuant to section 9.1 below and notify AskaTechie of your termination by contacting firstname.lastname@example.org. If you are unable to perform the Techie services requested of you by a client, you shall refer the client back to AskaTechie for a new Techie to be matched with such client.
AskaTechie charges Techies a fee to provide Techie services, which is calculated as a percentage of the amount of each invoice AskaTechie submits to a Techie’s client (the “Commission”). The Commission is subject to change at AskaTechie’s sole and absolute discretion, effective upon 15 days notice delivered by email or a Platform notification. By operating as a Techie on the Platform, you acknowledge and agree that AskaTechie, and third parties retained by AskaTechie, shall on your behalf invoice clients for Techie services you perform, deduct the Commission and applicable taxes, and remit the remainder to you (“Proceeds”). Proceeds are remitted by a third party and are remitted minus returns, chargebacks, taxes, duties, and other charges, on such terms as set by AskaTechie and such third party. In order to receive Proceeds, you must agree to the terms set by such third party and it is your sole responsibility to review and determine the acceptability of such third party terms. You acknowledge and agree that you have no right to, and shall not request, an audit or otherwise review or challenge any calculation or remittance of Proceeds. A Techie’s rate and AskaTechie’s Commission is set out, and agreed to by the Techie, at the time they are approved as such by AskaTechie.
6.4 Techie Taxation.
It is a Techie’s sole responsibility to calculate, collect and remit any applicable taxes relating to the services it provides through the Platform. As a Techie, you shall indemnify, defend and hold AskaTechie harmless from any liability for, or assessment of, any claims or penalties with respect to such taxes, including any liability for, or assessment of, withholding taxes imposed on AskaTechie by the relevant taxing authorities with respect to any Proceeds paid to you.
You shall not circumvent your obligation to pay AskaTechie for any service that was facilitated through the Platform. In addition, once a Techie performs services for a client, each party agrees that all future services performed by such Techie for the client shall be performed through the Platform for as long as the Techie remains a Techie and for 365 calendar days following the termination of a Techie as such. If a user offers to employ a Techie, such Techie shall complete all services it has agreed to perform that are facilitated through the Platform prior to beginning such offered position.
8. SERVICE FEATURES
The Platform features available to you vary depending upon your Subscription type and are subject to change at any time, on one or more occasions, at AskaTechie’s sole discretion without notice and without any compensation or refund to you. AskaTechie is not a party to any agreement entered into via the Platform, except for acting as the payment portal used by the parties.
9.1 Termination by a Techie or a User.
A Techie may terminate a Subscription by notifying AskaTechie of its intention to terminate, such termination being effective the earliest of the:
(a) completion of all such Techie’s appointments and agreements it has committed to; or
(b) the date the Techie ceases to be qualified as a Techie.
A Techie shall communicate its termination to AskaTechie by email to email@example.com. All other users may terminate a Subscription by ceasing to use the Platform.
9.2 Termination by AskaTechie.
(a) a Techie cancelling or missing three of more appointments with a client;
(b) two or more clients complaining about a Techie’s services; or
(c) Violate the Code of Conduct.
9.3 Effect of Termination.
Upon termination of your Subscription, you are not entitled to a refund, Proceeds or other compensation of any kind and agree that AskaTechie shall not be liable to you or any third party for such termination and any related loss. Notwithstanding the foregoing, AskaTechie may decide, in its sole and absolute discretion, to remit some or all Proceeds owed to a Techie on a case-by-case basis following termination of either the Techie, client or both.
10. CODE OF CONDUCT
The following Code of Conduct applies to your use of the Platform. You agree to not, and not encourage others to, use the Platform as follows:
(a) to locate a Techie and then complete the transaction outside the Platform;
(b) if you are a Techie, refusing to honour an appointment or misrepresenting your services;
(c) if you are a Techie, violating the terms of the Techie Starter Package Terms document provided to you by AskaTechie;
(d) engage in abusive, defamatory, slanderous, libellous, threatening, profane or any other conduct that is objectionable or offensive;
(e) communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
(f) abuse, bully or harass users of the Platform or encourage others to do the same;
(g) infringe or violate the rights of any third party including, without limitation: (i) contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii) privacy rights; (iv) publicity rights; or (v) the terms of any confidentiality agreement;
(h) attempt to gain, or gain, unauthorized access to the Platform;
(i) collect other users’ personal information or any other online contact information, or solicit from users the same;
(k) use the Platform to transmit any data that contains, or redirects to, any virus or other harmful data;
(l) encumber, sell or license the Platform, including, without limitation, a Subscription, in any way;
(m) copy, damage, decompile, disassemble, impair, modify or reverse engineer the Platform or otherwise attempt to derive its source code or metadata files, except as permitted by applicable law; or
(n) encourage or engage in illegal activities.
11. THIRD PARTY SOFTWARE AND SERVICES
12.1 AskaTechie’s Ownership Rights.
12.2 License to User Content.
User content includes any data or content that you or other users create, enter, submit, upload or transfer using the Platform or in conjunction with Third Party Technology or create pertaining to Techie services you provide (“User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you hereby grant AskaTechie a fully-paid, royalty-free, non-exclusive, worldwide license to User Content, while you are a Techie on the Platform, under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums now known or hereafter developed without attribution, notice, permission or payment to you or any third party for the limited purpose of facilitating delivery of Techie services through the Platform.
12.3 Client License
Upon payment for a Techie’s services being delivered in full to AskaTechie for time-billed or fixed price services, such Techie shall grant the client for which the Techie performed services facilitated through the Platform, a perpetual, fully-paid, royalty-free, exclusive for intellectual property created on behalf of the client and non-exclusive for previously existing intellectual property incorporated into services performed for client, worldwide license under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights the Techie owns or control to use, broadcast, disclose, display, distribute, modify, make derivative works of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums now known or hereafter developed and for all purposes without attribution, notice, permission or payment to the Techie or any third party. For project and ongoing contract Techie services, the terms of the applicable agreement between the Techie and client govern.
13. DISPUTES WITH A TECHIE
If you have registered a dispute with AskaTechie pursuant to section 4 concerning a Techie’s services AskaTechie shall arrange a meeting between you and the Techie during which AskaTechie will listen to each party and, within 15 days of such meeting, render a decision on the dispute. If either party is unsatisfied with AskaTechie’s decision, such party may pursue the matter with the other directly.
14. DISPUTES WITH ASKATECHIE
You and AskaTechie agree that any informal resolution or arbitration of a Dispute will be limited between AskaTechie and you individually. To the full extent permitted by applicable law, no arbitration will be joint with any other and you have no right or authority to: (a) arbitrate a Dispute on a class-action basis or to utilize class action procedures; and to (b) raise a Dispute in a representative capacity on behalf of the general public or any other persons.
14.3 Exceptions to Informal Resolution and Arbitration.
15. COPYRIGHT INFRINGEMENT
If you are a U.S. copyright owner, AskaTechie will respond to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA”). You must provide the following information in writing in your DMCA notice:
(a) identify the copyrighted work that you claim has been infringed;
(b) identify the material claimed to be infringing and where it is located;
(c) provide reasonably sufficient information to allow us to contact you, such as your address, phone number and e-mail address;
(d) provide a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
(e) provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and
(f) provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
AskaTechie may provide you notice if your content was removed as a result of AskaTechie receiving a DMCA notice from its copyright owner. If you receive notice from AskaTechie, you may provide a counter-notification in writing to AskaTechie’s designated DMCA agent though the means provided below.
DMCA notices can be sent to AskaTechie by emailing firstname.lastname@example.org or by mail:
AskaTechie Technology Services Inc.
Attn: LEGAL / DMCA AGENT
850-1095 West Pender Street
Vancouver, BC V6E 2M6
THE PLATFORM IS PROVIDED “AS IS” AND ASKATECHIE DISCLAIMS ANY AND ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE FOREGOING, ASKATECHIE MAKES NO REPRESENTATIONS THAT USE OF THE PLATFORM WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER RIGHTS HELD BY A THIRD PARTY. FURTHER AND WITHOUT LIMITING THE FOREGOING, ASKATECHIE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, IS APPROPRIATE FOR YOUR NEEDS OR THAT OPERATION WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY ASKATECHIE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR PARTNERS, SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED CONTRACT TERMS AND, AS A RESULT, THIS SECTION 16 MAY NOT APPLY TO YOU IN ITS ENTIRETY.
17. LIMITATION OF LIABILITY, INDEMNITY
17.1 Limitation of Liability and Indemnification of AskaTechie.
17.2 Claim Indemnification Process.
AskaTechie shall promptly provide you written notice of any claim against AskaTechie and, at your expense, give all reasonable assistance. You may not settle any claim unless it unconditionally releases AskaTechie of all liability.
18. EQUITABLE REMEDIES
19.1 Relationship of the Parties.
19.2 Governing law.
19.4 No Waiver.
19.5 Statute of Limitation.
19.6 Entire Agreement.