Welcome to Kwork! We’re happy to have you.

The following terms of service (these "Terms of Service") govern your access to and use of kwork.com and the products, features, services, technologies, and software published on it and the Kwork mobile app (the “Kwork Services”). The terms “us”, “we”, “our” refer to Kwork.com and its managing companies: KWORK Technologies OÜ (Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 7,634, Estonia), RemoteFirst Group Limited (Room A, 21/F, Gaylord Commercial Building, 114-118 Lockhart Road, Wan Chai, Hong Kong). “You” or “User” means you as a user of the Site.

KWORK Technologies OÜ is a legal entity registered and operating in accordance with the legislation of Estonia.

Subject to the conditions set forth herein, Kwork may, in its sole discretion, amend these Terms of Service and any other agreements that comprise the Terms of Service at any time by posting a revised version on the Site. Any revisions to the Terms of Service will take effect on the noted last updated date (the “Last Updated” date).

You must read, agree to, and accept all of the terms and conditions contained in this Terms of Service, as well as the Related Documents, to use Kwork Services. Kwork considers your use of Kwork Services as an acceptance of the Terms of Service and the Related documents. If you do not accept these Terms of Service or the Related documents, you must not access or use Kwork Services after the Last Updated date. For more detailed policies surrounding the activity and usage on the Site, please access the designated sections herein.

Last updated: April 26, 2023

Terms of Use

• Users must be of legal age (or must have otherwise reached the age of majority in the jurisdiction in which they conduct business) to use Kwork Services. 
• Kwork.com is not available to users who are residents of Iran, Cuba, North Korea, the Russian Federation and other countries and territories included in the OFAC list.
• To create or order a kwork, you must register with a valid email address or social media account.
• Each User may only create one account. Kwork reserves the right to delete duplicate accounts.
• The User has the right to delete their Account at any time only after all orders in their account have been completed and delivered. Should the User decide to delete their Account, they agree to the permanent deletion of such Account. Accounts deleted by mistake can be restored within 30 days by contacting Kwork’s Support Team. Under no circumstances will the User be able to create a new account using the same email, phone number, and payment details used in a previously deleted account. Should the User have funds on their balance before deleting their Account, they should withdraw all funds before such deletion. The User will not be able to delete their Account unless all funds have been withdrawn.
• You may not buy, sell, gift, or share a Kwork account.
• Upon registration, Users must create a valid username that will be visible to all other Users. A username may include Latin characters, numbers, hyphens, and underscores. Usernames containing phone numbers, words reserved for Kwork employees, profanity, and offensive or abusive language are prohibited. Kwork reserves the right to modify any username that violates these terms.
• Users are responsible for the protection of their authentication details in order to prevent malicious use of the Service by third parties, and should promptly notify Kwork of abuse of the service;
• Users are individually responsible for all content posted on Kwork, including, but not limited to, kworks, pictures, videos, reviews, and comments. By creating an account with Kwork, Users confirm that they understand and agree with these terms, and also agree to reimburse any expenses incurred by Kwork in case a copyright claim is made against Kwork.
• The User agrees that they are not considered a worker, employee, or agent of Kwork, and that the User is not entitled to represent himself/herself as such.
• The User does not have the right to assign his/her rights and obligations under this Terms of Services in whole or in part. Kwork may assign its rights and obligations hereunder or any of its rights and obligations hereunder without the User's consent at any time.
• Profanity, vulgarity, unauthorized advertising, as well as posting information and materials that negatively affect Kwork’s brand image are prohibited. A full list of prohibited content can be found here.
• Kwork reserves the right to remove any material posted on Kwork Services including, but not limited to, kworks, reviews, comments, etc. as well as suspend or remove a User's account without explanation. In case of suspected unauthorized access, spam, or other suspicious activity on your account, Kwork may temporarily suspend the account until the account is deemed secure again. In case of blocked accounts, the User can complete any of the orders in progress, but cannot accept or start to work on  new orders. The User may withdraw money from their balance to the credit/debit card on file or any other withdrawal method available on the "Cash Flow" page. Users will be able to only communicate with the support service, while communications and chats with other users will be temporarily unavailable.
• Disputed situations and issues, including financial matters, can be resolved by contacting Kwork’s Support Team via email or through a request submitted on kwork.com. The Support Team will review and work to resolve the issue. Unique issues without applicable or governing rules will be resolved as Kwork’s Support Team deems appropriate.
• You may not disclose information you obtain while signed in to Kwork, including but not limited to the specifications and terms of orders and personal correspondence with other users and representatives of Kwork. You may disclose information about your kworks, your earnings on Kwork, and other information related to your account if that information does not infringe on the privacy of other users.
• All sellers who earn an income by offering services and fulfilling orders using Kwork Services are solely responsible for their compliance with local regulations and laws, including but not limited to licensing regulations and tax laws.
• Users may not use unethical or disreputable advertising methods to promote Kwork affiliate links, copy Kwork Services in whole or in part, or use Kwork’s branding or design to mislead others. For more information, see the Affiliate Program Rules.
• At its sole discretion, Kwork has the right to unilaterally terminate these Terms of Services at any moment, inter alia, in case of breach by the User of any provision of these Terms or any provision of any of the Related Documents.
• In this document, the “Related documents” refers to Kwork’s Copyright Protection on Kwork, Prohibited Services, and the Approval Process for kworks and the Privacy Policy, KWORK Service Dispute Resolution Policy.
• Kwork balance is not meant to be used to keep money indefinitely. If an account is inactive for 2 years or more, it will be put on Archival Service. In this case, the inactive account will be charged $5 per month for two years since the activation of the Archival Service, and $50 per month starting from the third year.

DATA POLICY

• Upon registering for Kwork, you agree to have your personal data stored and processed and to receive information from Kwork, including email newsletters. Kwork may collect, store, and process user data (cookies, data, identifiers) as needed to operate the website, to effectively implement the affiliate program, and for promotional purposes. How and why Kwork collects and processes your personal data is outlined in our Privacy Policy.
• Kwork may exercise control over personal correspondence between Users to ensure compliance with the Terms of Service and the Related documents. This includes the right of Kwork to review the content of the personal correspondence.
• Kwork.com and the mobile app, including their general layout, look and feel, design, information, content, and other materials available thereon, are the exclusive property of the owner and protected by copyright, trademark, and other intellectual property laws.

Kwork Service rules

GENERAL TERMS

• Kwork is an online, digital marketplace where businesses and individuals can buy and sell freelance services. 
• Buyers are Users who purchase freelance services on Kwork. They are organized in seven levels: New, Rising, Experienced, Seasoned, Established, Expert and Top.
• Sellers are Users who sell freelance services on Kwork. They are divided into three levels: New, Advanced, and Professional.
• Each User can be a seller and buyer simultaneously.
• A kwork (with a lowercase ‘k’, not to be confused with Kwork with an uppercase ‘k’) is a freelance service offered in the Marketplace. The fixed minimum price of a kwork is $10.
• The Kwork Account is the personal section of Kwork, unique to each User. Users can access their accounts by entering authentication details on Kwork’s sign in page.
• The Portfolio is a collection of a Seller’s work samples. 
• The Marketplace refers to all kworks offered by Sellers on Kwork as a whole. Buyers go to the Marketplace to purchase kworks from sellers.
• Package kworks are sets of services sellers can offer together to target different audiences and price points.
• Extra options are additional services sellers can offer in addition to the main service provided in a kwork.
• The kwork page is the dedicated page for each individual kwork. Buyers can purchase, read reviews, and learn more about a kwork on the kwork page.
• The Order page is where Buyers and Sellers communicate with each other about a purchased kwork.
• Task-based orders are orders divided into portions and every specific task is worked on and delivered separately.
• Custom kwork offers are customized kworks Sellers can create that meet the specific needs of a Buyer.
• Custom kwork requests are requests Buyers can send to Sellers for a Custom kwork offer.
• Kwork’s Choice is a highly-coveted badge awarded to kworks that Buyers love for high-quality work and fast delivery.
• Your Balance includes your Earnings as a Seller and refunded payments after an order is canceled (as a buyer). You can view your Balance in the Cash Flow section of your account.
• Partners are payment systems or other services that deliver, hold, or receive payments.
• Earnings are the money that Sellers receive from completed orders and can either withdraw or use for purchases on Kwork Services in accordance with these Terms of Service.

KWORKS

• It is free to create kworks. A new Seller may create up to ten kworks. After successfully completing one order, a Seller may create an unlimited number of kworks.
• Each kwork is manually approved by a Support Specialist before being posted in the Marketplace. Kwork reserves the right to modify or delete kworks that violate these Terms of Service and/or the Related documents. Users can learn more about the approval process for kworks here.
• By selling a kwork, Sellers agree to render all included services for all orders of the kwork. Sellers do not have the right to refuse to sell an active kwork to a Buyer who pays for the order and provides all necessary information to complete it. Sellers provide their services to Buyers independently and bear full responsibility for the completion or non-completion of all orders. It is prohibited to divide a single order of the same service into several smaller orders (i.e. creating duplicate orders) to artificially increase a Seller’s total number of orders. In such cases, Kwork reserves the right to penalize kworks and/or the User.
• Sellers are prohibited from misleading Buyers regarding the service(s) they provide. Violations will result in sanctions and/or the permanent suspension of the offending kwork and/or the Seller’s account.
• If a violation is reported, Kwork has the right to remove such content.
• Should it be deemed fit, Kwork reserves the right to unilaterally hide work from a User's portfolio.
• Sellers must remove any and all mistakes, errors, or inconsistencies on a kwork page as soon as they are discovered. A common error is a discrepancy between the scope, delivery, price, and other fields of a kwork. For instance, suppose a Seller writes in their kwork’s description that the scope of their kwork is 1,000 words, but enters 2,000 words in the "Scope of this kwork '' field. In that case, the true volume will be considered 2,000 words. The information indicated in the dedicated field shall prevail and take precedence over all else. All disputes arising from such discrepancies shall be resolved in favor of the Buyer.

ORDERS

• Buyers are required to pay for orders in advance. Payments are held safely by Partners until the order is completed.
• Before starting an order, the User (Seller) must make sure that it complies with Kwork's list of Prohibited Services. If the Buyer is requesting a prohibited service, the Seller must cancel the order and contact the Support Team.
• If a Buyer's assignment differs in description and scope from the service described by the Seller and the Seller accepted the order, priority is given to the Buyer's assignment. Assignments can be given over correspondence before an order is placed, as well as when ordering a kwork.

ORDER COMPLETION

• An order is marked as Complete after it is approved by the Buyer or after arbitration is completed. 
• After a kwork is delivered, the Buyer has three business days (or four days if more than one day falls on a weekend) to approve the delivery. If during this period the Buyer neither approves or requests revisions, the order will be automatically approved and considered completed. If the order’s price is more than $150, the approval period is five business days (or six if more than one day falls on a weekend).
• A task-based order is marked as complete when the final task is delivered and approved by the Buyer. If a task is not approved or no revisions are requested, the task will be automatically approved and marked as completed after three business days (or four days if more than a day falls on a weekend). If the task’s price is more than $150, the approval period is five business days (or six if more than one day falls on a weekend).
• In this case, the entire order will be suspended and will only resume once the next task is paid for. If the Buyer does not pay for the next task within five days, the Seller will not be able to start working on it. At the same time, completed tasks cannot be canceled.
•  As per Kwork rules, the seller’s delivery must be of high quality. When a delivery contains an excessive amount of objectively verifiable mistakes, the order is considered incomplete.
• As per Kwork rules, if a buyer cannot review a seller’s delivery (for example, if the seller fails to provide proof of work or a final product), the order is considered incomplete.

REVISIONS AND ADDITIONAL SERVICES

• Orders that satisfy criteria outlined in the kwork's description and the Buyer's requirements are to be considered successfully completed. If an order is not fulfilled, clearly does not meet the standards explicitly set on the kwork page, or does not meet the Buyer’s order requirements, the Buyer may return the delivered work to the Seller for revision.  In this case Sellers must provide as many revisions until the delivery meets the standards agreed upon without asking for additional payment. 
•  Additional services (including revisions beyond those needed for the order to be considered successfully completed) are offered at the discretion of the Seller. Sellers can determine the volume of the service that they are willing to offer and the price. Sellers may also choose not to offer additional services or revisions or offer them for free.

ORDER CANCELATION

• Both Sellers and Buyers have the right to cancel any order by providing a valid cancelation reason. Once a cancelation is confirmed by the other party, payment is refunded to the Buyer. If a Buyer chooses to cancel an order because a Seller misses a deadline, the funds will be returned to the Buyer immediately without the need for confirmation from the Seller.
• Orders cannot be canceled on the basis of a Buyer’s subjective evaluation of a Seller’s delivery as long as the service was provided in accordance with the information provided on the kwork page.
• Kwork reserves the right to cancel any order that violates these Terms of Service at any time.
• Kwork reserves the right to cancel orders for any reason. Common cancelation reasons are:
  • The Seller does not accept the order within 24 hours or misses the deadline and is unresponsive for more than two weeks.
  • Users display aggressive behavior, use order materials (such as personal information) against each other, or Buyers threaten Sellers with a bad review
  • Users have provided or included materials that violate a third party’s intellectual property rights
  • Users withhold the delivery of services, files, or information required to complete a kwork with the intent to gain favorable reviews, additional services, or extra payment
  • The Seller submits an order for approval without a complete result in order to extend the order deadline
• Sellers must deliver a product that reflects the description of their kwork and meets all Buyer requirements. Failure to comply with this requirement will allow the Buyer to cancel the order, and may damage the Seller's status. When the deadline has passed the order is marked as Overdue.
• Kwork reserves the right to cancel any completed orders or tasks in task-based orders, if they are in severe violation of Kwork’s Terms of Service (e.g. the type of service is prohibited on Kwork, or the order may be fraudulent, etc.). In such cases, the sum paid for the canceled order or task will be refunded to the Buyer's balance and will be deducted from the Seller's balance or, if there are insufficient funds on the Seller's balance, from the future Earnings of the Seller. Funds for such an order will be removed from the Seller's balance regardless of when the order was completed.
• Partial cancelation of an order is not possible. An order may only be canceled completely and with a valid cancelation reason. Reasons for canceling include but are not limited to:
  • The Seller used materials that violate another party’s intellectual property
  • The Seller’s delivery is defective or not functioning
  • The Buyer did not acquire the rights to commercial use of the delivery and, as reported, used the delivery for commercial purposes

INTELLECTUAL PROPERTY RIGHTS

• All intellectual property rights associated with the delivery of an order are transferred to the Buyer after the successful completion and payment of the order, unless an alternate agreement is reached between the Buyer and the Seller. If intellectual property involves elements subject to licensing, the Seller is obliged to transfer the license or, if applicable, provide the Buyer with a reasonable warning regarding the need for the additional acquisition of a relevant license.
• All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the kwork, and the delivery may not be used if payment is canceled for any reason. Violation of this rule may result in the suspension of a Buyer’s account.
• Unless otherwise specified, Sellers are not entitled to receive and may not solicit from the Buyer any and all royalties earned from the sale of their work.
• Some kworks require the purchase of a license for commercial use. In such cases, if a User (Buyer) purchases a kwork for personal use, the Buyer will own all the rights necessary for such use, and will not need a license for commercial use. But if the Buyer intends to use it for any purposes that are directly or indirectly related to any business or in any other way intended for profit, the Buyer will need to purchase a license for commercial use in the manner provided for by the relevant kwork.

EXCHANGE OF CONTACT INFORMATION

• Soliciting and providing contact information, including but not limited to name, surname, email address, phone number, and social media accounts, as well as agreeing to communicate off of Kwork, is prohibited. Violations may lead to a reduction in a Seller’s ratings.
• Exceptions are made for orders for which the exchange of contact information is clearly necessary. Examples include but are not limited to the provision of an email address from AdSense to set up advertising campaigns, a link to a social media account that a Seller will grow, and a Skype ID for consulting services. Sellers must explicitly indicate the need for certain contact information in advance in the description of their kwork or when sending a Custom kwork offer.
• Sellers agree that any and all private information provided by Buyers is confidential and may not be transferred or used for any purpose other than completion of the order itself.
• All interactions between Buyers and Sellers, including, but not limited to, placing orders, payment, negotiation of terms, and approval of the delivery must take place within Kwork Services.

REVIEWS AND SELLER RATINGS

• Once an order is completed or canceled, Buyers can leave a review about their experience working with the Seller and their impression of the Seller’s service. Kwork does not remove reviews unless there is a clear violation of Kwork’s Terms of Service.
• Buyers may leave a review within 30 days. For some categories, Buyers will have 60 days to leave a review. 
• Once a positive review is posted, a Buyer can edit or delete it within 30 days. For some categories, positive reviews can be edited or deleted within 60 days. Negative reviews can only be edited or deleted within two days.
• Positive and negative reviews influence a Seller's rating. Sellers may not artificially inflate or increase their ratings in any way. Sellers found to be engaging in such activities will be penalized.
• Refusing to fulfill an order without a valid reason negatively impacts a Seller's rating. For more information about cancelation reasons click here. A Seller's kworks may be put on hold due to multiple consecutive refusals or ignored orders (the system automatically cancels orders that receive no response from Sellers within 24 hours).
• Sellers may solicit Buyers for reviews, but may not explicitly request a positive review.
• By posting reviews on Kwork, Users grant Kwork exclusive, royalty-free, fully paid, perpetual, irrevocable intellectual rights without restriction worldwide to such reviews. At the same time, Kwork does not bear any obligations for the content of any reviews that it may receive from users.

USER-GENERATED CONTENT

• Kwork is not responsible for user-generated content. However, if you come across any content posted on Kwork that may violate these Terms of Service, you must inform Kwork about it via the feedback form located here. All requests are considered by the Support Team.
• All content uploaded by users to Kwork is considered user-generated content. Kwork makes reasonable efforts to monitor content uploaded to Kwork Services but cannot be held liable for user-generated content. Users are individually responsible for their content and the consequences of its use, disclosure, storage, and transmission. 
• Users are solely responsible for checking all files transmitted on kwork.com for viruses and malware.
• Files provided in correspondence and the order form are stored on Kwork for two years, after which they are deleted. Files from paid orders that the Seller attached to the final submission of an order will be kept permanently.
• By uploading to, or creating content on kwork.com and the Kwork mobile app, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to use and/or upload such content and that such content or its use on Kwork does not and shall not:
  • infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; 
  • violate any applicable local, state, federal and international laws, regulations and conventions;
  • violate third party's intellectual property, policies and/or terms of service. 

• Users (both Buyers and Sellers) agree that, unless they explicitly indicate otherwise, the content that they create/upload to kwork.com, including kwork texts, photos, videos, user photos, user videos and any other information, including the display of completed work, may be used by Kwork at its sole discretion for marketing and/or other purposes. 
• If a violation is reported, Kwork has the right to remove such content.
• Users agree to reimburse any expenses incurred by Kwork in case a copyright claim is made against Kwork.