TERMS & CONDITIONS
These Terms and Conditions are a legally binding agreement between the visitors to and the users of www.onlineTEKI.com (the “Users”) and Online Teki Pty Ltd (ACN 628 778 101) trading as “OnlineTEKI” (the “Company”), and the agreement of the two parties are herein referred to as the “Agreement”.
These Terms and Conditions govern the use of this website www.onlineTEKI.com (the “Website”) and also include other onlineTEKI related products, websites, services, mobile apps and software platforms provided by Company (collectively referred to as the “Task Platform”), including without limitation communications and information (whether in writing, orally or otherwise) provided by the Company to Users in relation to the Services offered on the Task Platform.
You understand that we may make amendments and/or additions to the said Terms and Conditions from time to time and we will attempt to notify our Users of any said changes but it is your responsibility to refer back to our Terms and Conditions set out herein on this page for updates.
If you do not agree to the Terms and Conditions herein then you are not permitted to use or view the Task Platform in any way, shape or form.
“Affiliate” means a person or business who either refer new Users to, or receive referrals from, the Task Platform through hyperlinks and other methods on the Task Platform and/or by other communications which may then result in either receiving or paying a financial amount for the said referral or new business;
“Agreement” refers to the agreement between the Task Platform and the Users of the Task Platform;
“Banking Details” means the User’s banking details for receiving payment, or making payments with, on the Task Platform;
“Bid” means an offer to perform an IT Task for a Customer by a TEKI on the Task Platform;
“Budget” (also referred to as the “Task Budget”) means the amount of money the Customer agrees to pay a TEKI for agreed services set out in their Task Contract, which is created after acceptance of a Bid, for Services to be performed by a TEKI, who is to be paid by the Customer on the Task Platform when asked to for their IT Task;
“Business Day” means the next working day in Melbourne Australia (excluding public holidays which fall on a business day);
“Company” and “we”, “us” and “our” collectively mean Online Teki Pty Ltd (ACN 628 778 101) of Level 1, 327 Pascoe Vale Road, Essendon 3040 Australia;
“Customer” means people (or a business) who register on the Task Platform to post an IT Task or make a purchase of some kind;
“IT Task” means a “job” or “a service” of some kind performed by a TEKI for a Customer, the IT refers to “information technology” and means technology and digital tasks in nature too;
“Non-Excludable Condition” means any implied condition, warranty or guarantee in the Agreement, the exclusion of which would contravene a law or cause which may render part of the said Agreement to be void;
“Payment Gateway” is the online payment service the Task Platform uses for Customers to pay their Task Budget and is how TEKIs are paid for their Services with;
“Payment Processing Fee” is a fee charged by the Task Platform to the Customer when the Customer books a TEKI to complete an IT Task and when they create a Task Contract for the said IT Task. A standard payment processing fee of 2.75% is added to the final Task Price total and charged to the Customer as one amount when they pay for their IT Task;
“Personal Information” is information the Task Platform holds which is identifiable as being about you and your dealings with the Task Platform;
“Service” or “Services” refers to an action of helping or doing work for someone;
“Service Fee” is a 20% fee on the final Task Price agreed on by Customers and TEKI’s when their Task Contract is created;
“Task” means a “job” or “a service” of some kind performed by a TEKI for a Customer;
“Task Budget” is the amount of money the Customer posts as a price guide when they post/publish their IT Task for TEKIs to read, consider and Bid on if they like;
“Task Change Request” is a request made by one of the parties to a Task Contract when requesting a change to the terms of a Task Contract, it can include the Task Price, the delivery date or variations to the work to be done. The changes only becomes agreed to when the other party agrees to the new change request;
“Task Contract” is an agreement which is created and binding once a Customer books a TEKI to complete their IT Task, and they pay the “Task Price” agreed upon between the two parties via the Task Platform Payment Gateway;
“Task Contract Dispute” means a dispute between a Customer and a TEKI who disagree on the result or the terms of their Task Contract they have entered into on the Task Platform;
“Task Earnings” is the total amount paid to a TEKI for all their work done on IT Tasks;
“Task Payment” is the amount paid to a TEKI for work done on a specific Task;
“Task Platform” refers to the Company and other related products and services in relation to their business which includes other onlineTEKI related products and services, mobile apps and platforms provided by the Company, including without limitation communications and information (whether in writing, orally or otherwise) provided by the Company to potential and actual TEKI’s and Customers in relation to Services performed;
“Task Platform Charges” are charges and fees charged by the Task Platform to Customers and/or TEKI’s in relation to using the Task Platform and includes the Service Fee and Payment Processing Fee;
“Task Platform Data Collection Process” refers to the different ways in which we collect data about people and their behaviors online, in order to provide a better Task Platform and/or market to potential Users more efficiently. Platforms can include Facebook, Instagram, YouTube, email registration boxes, via Affiliates and more. The data may be given to us directly or provided to us in another form, the data may be personal by nature including a name and email address, or it could be a social media account including API access integration to the Task Platform allowing Users to log into the Task Platform via their social media account;
“Task Platform Holding Account” is a banking and/or monetary facility used by the Company to process payments to and from Users including the Users IT Task escrow payments held for TEKI’s until the IT Task is completed;
“Task Platform Services” is the Service of providing a website for Users to post IT Tasks and Bid on IT Tasks as a service provider, it is NOT the Task Services provided for Customers by TEKIs;
“TASK Price” is the final agreed amount of money the Customer agrees to pay their TEKI for their Services and it may be more or less than the TASK Budget provided by the Customer when the Customer posted the original IT TASK post;
“TEKI” refers to a User who provides a Service to Customers on the Task Platform, and their occupation may be an IT technician, a digital content creator, a software developer, a website developer, an educational teacher, a systems analyst or other. They are collectively referred to on the Task Platform as a TEKI and include any person or business providing a Service for one of the Task Platform’s Customers;
“TEKI Funds” means the component of the payment made by Customers that is to be paid onto the TEKI for their work or Services they have completed;
“TEKI’s Introduction Video” is an identity verification tool the Task Platform requires from it’s TEKI’s when the sign up with the Task Platform to perform IT Tasks. The place to upload the video to the Task Platform is found on this page: https://onlineteki.com/abn-skype/ (under “Personal BIO Video”). All TEKI’s are asked to provide a short 30-60 second video of themselves talking to the camera talking about how they can help Customers on the Task Platform;
“TEKI Profile Page” is the page on the Website which shows the TEKI’s name, general information and any TEKI Verification Badges they have received from the Task Platform confirming their identity;
“TEKI Services” means the Services the TEKIs provide to Customers;
“TEKI Support Team” means the official Task Platform administrative staff who provide support services for the Task Platform to Customers, TEKI’s and all Website Visitors and Users, by providing them with support and assistance with matters like registration, dispute and verification assistance, and more;
“TEKI Verification” is where a TEKI registered with the Task Platform provides the Task Platform Verification Team with documents, or uses the Task Platform portals or forms to submit or upload their ID documentation or data information to confirm their true identity;
“TEKI Verification Badges” are the digital icons that can be displayed on a User’s profile for other Users to see what proof other Users have provided the Task Platform with to support their verified identity check confirmation;
“TEKI Verification Icon” is the relevant digital icon graphic image that will be placed on the TEKI’s Profile Page after submitting the relevant identity document (eg. Current Passport);
“TEKI Verification Services” is the verification service provided by the Task Platform and may be in conjunction with a Third Party used to verify the TEKI’s their identity to combat fraudulent activity of the Task Platform;
“TEKI Verification Team” is the official Task Platform administrative staff who check on the validity and credibility of the TEKI registered on the Task Platform and allocated relevant TEKI Verification Badges after verification has taken place;
“Third Party Service” means any promotions and links to services offered by third parties as may be featured/advertised on the Task Platform or promoted from the Task Platform’s emails and social media, from time to time;
“Users” collectively means all the people and businesses that use the Task Platform in any way or capacity;
“User Account” means the Task Platform account and profile set up for all Users when they register on the Website and includes how payments are managed;
“Video Verification Icon” is a verification icon placed on the TEKI’s Profile Page by the TEKI Verifications Team when a TEKI permits the Task Platform to put the TEKI’s Introduction Video on the TEKI’s Profile Page (for other Users to see);
“Website” means www.onlineteki.com which is a web-based communications platform which enables transactions and communications between the Company, Customers and TEKIs; and
“Website Visitors” mean people who visit the Task Platform and may view the public pages of the website but do not actually register as a User.
In the Terms and Conditions stated herein, and on all policies and agreements the Task Platform refers to, the context requires:
- The singular includes the plural and visa versa;
- A gender includes other genders;
- A reference to a document or instrument includes the document or instrument as notated, altered, supplemented or replaced from time to time;
- Any reference to dollars, currently refers to Australian Dollars (AUD);
- Time references are to Melbourne Australia; and
- Any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally.
Scope of Services
- The Task Platform brings together Customers who need help with their technology related issues with IT technicians and digital experts who can provide Services to the Customers.
- The Task Platform does not provide any technology services to Customers, nor does the Task Platform guarantee or approve any of the TEKI’s who provide the technology related Services on the Task Platform.
- “Task Contracts” are between Customers and a TEKI and all the terms of their agreement for each IT Task should be clearly communicated between the two parties prior to them creating a Task Contract. The Task Contract makes the prior discussions a confirmed agreement and confirms the final agreed Task Price.
- When a Customer posts an IT Task, Website Visitors may be able to see some of the IT Task details even when they are not yet registered on the Task Platform as a User.
- Customers can set a Task Budget for their IT Task and that price guide is options provided by the Task Platform to choose from.
- When TEKI’s who wish to Bid on an IT Task make a Bid (ie an offer) the TEKI may set their own Task Price for the Services they are offering to provide to the Customer. TEKI’s can also set their own “terms” for their Services, for example they may state that the work requires a certain version of software in order for he or she to successfully complete the IT Task, and if that version of software is not installed on the Customer’s device they may charge extra or choose to cancel the IT Task at that time and specify what the terms of that termination are.
- Customers may revoke or modify an IT Task at any time before a TEKI is booked, and the Task Platform reserves the right to cancel Bids on an IT Task at any time.
- When a Customer accepts a Bid on the Task Platform a Task Contract is created between the Customer and the TEKI. The Customer must then pay the Task Price into the Task Platform Holding Account in order to start the work.
- Upon creation of a Task Contract the Service Fee is immediately due and payable, and the Service Fee is deducted from the Task Price upon payment by the Customer into the Task Platform Holding Account.
- After the creation of the Task Contract, it may be varied by the Customer and the TEKI via the Task Platform dashboard. A private messaging system is available and encouraged to be used by both Users to amend or vary the Task Contract, or simply for communication about the IT Task.
- The Task Price can be varied by mutual agreement of both parties.
- Users must not request or receive payments outside the Task Platform.
- IT Tasks required by the Customer within the Task Contract must be performed by the TEKI, including in accordance with any additional terms or conditions that both parties agreed to in the Task Contract.
- Once IT Tasks are complete, both the TEKI and the Customer must provide notice of completion on the Task Platform dashboard where indicated. Once the Customer confirms the IT Task has been completed, or if the Task Platform Support Team is satisfied the IT Task has been completed, the Task Price will be released from the Task Platform Holding Account to the TEKI less Fees and Charges.
- Once funds have been released from the Task Platform Holding Account the Task Contract is deemed completed, at which stage both Users are encouraged to leave a review and provide feedback of the IT Task journey, on the Task Platform where indicated.
- The Task Platform reserves the right to remove any content, a posted IT Task or a Bid submitted to the Task Platform or cancel or suspend a User’s account and/or any Task Contracts should we determine in our sole discretion that we believe is not in line with our Terms and Conditions.
- In order to access or provide the Services, you must first register for an account through the Website (the ‘Account’).
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Preferred username
- Postal address
- Telephone number
- A password
- Forms of Identification upon request ie. Drivers Licence (for TEKI’s)
- You ensure that any information you provide on the Task Platform in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered User of the Task Platform (‘User’) and agree to be bound by the Terms and Conditions herein.
- You may not use or provide Services and may not accept the Terms if:
- You are not of legal age (18 years of age on the date of signing up) to form a binding contract with OnlineTEKI;
- You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services;
- For any illegal or immoral purpose.
You accept these Terms and Conditions by remaining on the Task Platform. You may also accept the Terms and Conditions by clicking to accept or agree to the Terms where this option is made available to you by the Task Platform in the Website interface. You agree that if our Terms and Conditions change at any time, that you will agree to those new updates or you must leave the Task Platform and not use it anymore.
4.1 As a User you agree to comply with the following:
- You will use the Task Platform only for purposes that are permitted by these Terms and Conditions;
- Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- The Scope of Services set out above.
4.2 You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Account.
4.3 Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify the Task Platform Support Team of any unauthorised use of your password or email address or any breach of security of which you have become aware of.
4.4 Access and use of the Task Platform is limited, non-transferable and allows for the sole use of the Task Platform by you for the purposes of the Task Platform Scope of Services.
4.5 You grant the Task Platform an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Task Platform for the purpose of publishing material on the Task Platform and as otherwise may be required to provide the Task Platform, for the general promotion of the Task Platform, and as permitted by these Terms and Conditions.
4.6 Without limiting the provision of this Agreement, any information you supply to the Task Platform or post in an IT Task (including as part of a Bid) must be up to date and kept up to date and must not:
- Be false, misleading, deceptive;
- Violate any applicable laws, statue, ordinance or regulation;
- Infringe confidentiality, privacy, rights of publicity or any third party’s copyright, patent, trademark, trade secret other proprietary or intellectual property rights;
- Be fraudulent, unlawful or contain any obscene, inappropriate or unlawful material or images;
- Be harassing, threating, defamatory or intentionally or unintentionally cause harm to any Website Users or Task Platform workers, contractors or staff;
- Conduct cyber crime that intentionally or unintentionally causes harm or subverts the intended function of any Users property or the Task Platform including, but not limited to viruses, worms, trojans, time bombs, cancel-bots or other computer programming that may damage, modify, delete, intercept, access without authority or detrimentally interfere with any system, data or Personal information.
4.7 You will not use the Task Platform in connection with any commercial endeavors except those that are specifically endorsed or approved by the Task Platform.
4.8 You will not use the Task Platform for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Task Platform;
4.9 If you are a TEKI, you must have the right to provide Services under a valid and current Task Contract and to work in Australia and/or any other relevant countries. You must comply with tax and regulatory obligations in relation to any payments or fees received under a Task Contract including GST if that is applicable to you.
4.10 Customers must not be charged additional fees or charges on top of the Task Price by a TEKI without both Users agreeing to amend the Task Contract through the Platform (and excluding Payment Processing Fees charged by the Task Platform at the time of payment).
4.11 TEKIs must not request payments outside the Task Platform from the Customers except to the extent permitted by the Task Platform.
4.12 Services must be provided by the TEKI that have been agreed to by the Users within the Task Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a third party or by any of our Policies.
4.13 You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Task Platform without notice and may result in termination of your user Account. Appropriate legal action will be taken by the Task Platform for any illegal or unauthorised use of the Task Platform.
4.14 You acknowledge and agree that any automated use of the Task Platform or its Services is prohibited.
4.15 IT TASKS SHOULD:
- Set out the circumstances of your issues in a clear and easy to understand way;
- Give an estimate of how much you hope to pay for the IT Task you are posting;
- Give an estimate of how long before you expect the IT Task to be completed;
- Specify if you require any further information or assistance.
4.16 IT TASKS SHOULD NOT:
- Disclose Personal Information including;
- Personal Address;
- Phone number;
- Email addresses;
- Skype addresses or usernames;
- Social media account information.
4.17 CUSTOMERS: (Users who “post IT Tasks”)
- Agree that the Task Platform has no control over any work or services provided by a TEKI for an IT Task;
- Can join the Task Platform for free;
- Can be a person or a business who are free to join the Task Platform and post an IT Task for free, as new Customers are not “vetted” in any way when they sign up to post an IT Task;
- Agree to pay their TEKI and any Task Platform Charges when they book a TEKI;
- May ask our TEKI Support Team to delete their account with the Task Platform at any time providing they do not owe the Task Platform any money;
- Understand the Task Platform makes no representations or guarantees about the TEKI’s who register and perform IT Tasks for Customers on the Task Platform;
- Understand it is their responsibility to check and verify all claims and representations made by the TEKI whether on the Task Platform by way of TEKI Verification Badges or otherwise, for their true suitability and safety in procuring any TEKI for any purpose including their said IT Task;
- Can obtain their personal past payment history on the Task Platform in the Task Platform Dashboard.
4.18 CUSTOMERS, PRIOR TO GIVING A TEKI ACCESS TO YOUR TECHNOLOGY, YOU SHOULD CONSIDER:
- Running a backup of all your data and software whether the TEKI is intending to assist you online (remotely) or in person;
- Ensure your private passwords, private documents and data is secure and password protected prior to giving a TEKI access to your computer or device;
- Ensure you have a firewall and/or a current antivirus software installed and an up to date operating system (eg Windows 10).
4.19 CUSTOMERS, WHILST A TEKI IS PROVIDING SERVICES YOU SHOULD CONSIDER:
- Reporting any suspicious behavior to the Task Platform Verification Team immediately.
4.20 TEKI’s: (Users who “bid on IT Tasks” to be paid)
- Can be a person or a business;
- Can join the Task Platform for free;
- In order to Bid on IT Tasks must first verify:
- Their email address;
- Their name with Photo ID;
- Their person via video interview online with the Task Platform Verification Team;
- Their tax status with an ABN check (or equivalent for their country).
- TEKI’s may provide three more verification items to our Task Platform Verification Team as listed below:
- Current Passport or Drivers Licence (whichever they haven’t yet supplied when they joined);
- Insurance documents in the same name as the TEKI (or their business name);
- GST registration confirmation in their name;
- Mobile Phone or Landline Phone Number (to be called to confirm is connected to the TEKI);
- Current Criminal Check (via our online Police Check Third Party link).
- Can set their own Task Price for their Task Bids;
- Can state the terms on which they offer their Services via an IT Task, when they make a Bid;
- Are independent contractors and are not employees, partners, agents, joint ventures, or franchisees of the Task Platform;
- Must provide Customers with an invoice or tax invoice upon request of same by a Customer;
- Must enter their Paypal email when withdrawing their earnings from IT Tasks performed.
Code of Conduct
5.1 All Task Platform Users agree that:
- The Task Platform provides Customers with a Website where they can post IT related Tasks whereby they need to hire someone to help them with IT relates issues/problems;
- The Task Platform provides IT related Service providers with a Website where they can register to “bid” on IT Tasks posted by Customers;
- Tasks may not be posted as a “free” Task (not requiring payment), all Tasks must require a monetary payment;
- The Task Platform currently shows all monies in AUD currency, but this may change in the future;
- All Users must be 18 years or older. You are not able to enter a Task Contract or become a TEKI if you are not over the age of 18;
- All communications as a result of the Task Platform be with courtesy and respect;
- All Users will respect the privacy and Personal Information of other Users, and will not share Private Information with each other unless a Task has been accepted and the sharing of the said information is required in order to fulfill the Task Contract;
- All Users should NOT share any Private Information in public areas to help protect USERS safety and security and being targeted by any potential spam. This includes personal emails, phone numbers, addresses, personal and/or business websites and Facebook, LinkedIn and Twitter account information;
- All Users grant the Task Platform an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Task Platform for the purposes of publishing material on the Task Platform and as otherwise may be required to provide the Task Platform, for the general promotion of the Task Platform service, and as permitted by this Agreement;
- All Users agree that the information posted on the Task Platform must not in any way whatsoever be potentially harmful, to the Task Platform or any other person, business or entity, including an economical loss.
5.2 All Task Platform Users:
- Agree to abide by these Terms and Conditions and to the other Task Platform documents referred to herein;
- Agree to indemnify the Task Platform from any claims due to a Users use of the Task Platform or failure to read these Terms and Conditions;
- Will act ethically and with integrity;
- Will respect other Users on the Task Platform;
- Will not disclose confidential information obtained as a result of being on the Task Platform;
- Will not participate in any illegal or fraudulent activity in relation to their role on the Task Platform or in any way;
- Will not steal any information they come into contact with;
- Will not seek to pay or receive money off the Task Platform;
- Will not post content that is subject to Copyright;
- Will not post offensive or disrespectful content on the Task Platform.
5.3 All Users are not permitted to:
- Make personal attacks on other Users;
- Use defamatory remarks or make false statements against others;
- Post prejudiced comments or profanity;
- Bully or make inflammatory remarks to other Users;
- Conduct any illegal behaviors, discrimination, violence, harassment or trolling;
- Use the Task Platform messaging/comments irresponsibly;
- Not post fraudulent reviews, harvest User information or artificially improve your public profile;
- Create duplicate accounts, only one account per User which reflects your reputation in the marketplace, your skills, abilities, reliability and to build trust; If any attempt is made to disguise a member’s history, the Task Platform reserves the right to remove any User from the Task Platform immediately;
- Transfer an account ownership from one person to another; However, TEKI’s can seek permission from our ADMIN STAFF to have multiple TEKI’s for “one” account as they are registered PTY LTD companies.
5.4 All communications on the Task Platform must not be:
- False, inaccurate, misleading or deceptive;
- Fraudulent or involve the sale or purpose of counterfeit money or stolen goods;
- An infringement on a third party’s copyright, patent, ordinance or regulation including criminal, anti-discrimination or trade practices/fair trading laws;
- Defamatory, libellous, threatening or harassing;
- Obscene or contain any material that the Task Platform deems as such at their absolute sole discretion, including inappropriate or unlawful images;
- Malicious code, data or a set of instructions that intentionally or unintentionally cause harm or subverts the intended purpose/s of any Task Platform process, including, but not limited to, viruses, trojan horses, worms, time bombs or other computer programming routines that may damage, modify, delete or detrimentally interfere with the access of the Task Platform or affect, copy or remove the Task Platform system, data or Users Personal Information.
Limitation of Liability
- The Task Platform’s total liability arising out of or in connection with the Task Platform Services or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the supply of the IT Task services to you.
- Except for liability in relation to a breach of any Non-excludable Condition, you expressly understand and agree that the Task Platform, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, arising out of or in any way connected with any transaction between Users and/or Third Party Services. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- The Task Platform’s liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited), is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, Task Services in respect of which the breach occurred.
- Nothing in these Terms and Conditions limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded;
- Subject to this clause, and to the extent permitted by law;
- All terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms and Conditions are excluded;
- The Task Platform will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms and Conditions (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise;
- Use of the Task Platform and the Services provided by its Users is at your own risk. Everything on the Task Platform and the Services and TEKI Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of the Task Platform make any express or implied representation or warranty about the Services (including the products or Services of the Task Platform) referred to on the Task Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Task Platform, the TEKI Services or any of its Services related products (including third party material and advertisements on the Task Platform);
- costs incurred as a result of you using the Task Platform, the Services or TEKI Services, or any of the products of the Task Platform; and
- the Services, the TEKI Services or operation in respect to links which are provided for your convenience.
Users agree to indemnify the Task Platform, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
- any direct or indirect consequences of you accessing, using or transacting on the Task Platform or attempts to do so; and/or
- any breach of these Terms and Conditions.
- The Task Platform may offer its Users an opportunity to obtain insurance for certain Task Contracts via a Third Party Service provider. All insurance policies are Third Party Services and subject to further terms set out for Third Party Services.
- The Task Platform does not guarantee that any insurance a User acquires that was offered via the Task Platform is adequate or appropriate for the User. It is the Users responsibility to make its own enquiries about whether the insurance is appropriate for the IT Task.
- TEKIs may produce a Certificate of Insurance Policy to achieve a Verification Badge Icon on their Task Platform profile, however, the Task Platform cannot guarantee absolutely that the insurance cover is applicable to the Services the TEKIs perform or that the said insurance is current at the time of performing a Task. Customers are advised to ask TEKIs direct for confirmation of current insurance cover and if it is applicable to the type of service the TEKI is providing for that IT Task. Customers may ask to see a copy of the TEKIs insurance cover and it is at the TEKIs discretion to provide a copy to Customers.
- The purpose of the TEKI Verification Services is a process where TEKIs can use our TEKI Verification Service to prove their authenticity and therefore Bid on IT Tasks posted by Customers on the Task Platform.
- For a TEKI to access the Task Platform they must REGISTER where indicated on the Website.
- Once a TEKI has access to the Task Platform dashboard they must enter the following information in order to be approved to Bid on Tasks:
- Full Name;
- ABN (or equivalent tax number for their country);
- Phone number.
- The TEKI will also be required to upload a Government issued Photo ID and provide a short TEKI Introduction Video – corresponding with the photo on the Government Photo ID.
- After providing all the information listed above, the TEKI will then be permitted to Bid on IT Tasks and assist Customers.
- The TEKI may provide further ID for extra profile page verification icons including;
- Current Passport;
- Insurance documents in the same name as the TEKI (or their business name);
- GST registration confirmation;
- Mobile Phone or Landline Phone Number (to be called to confirm is connected to the TEKI);
- Criminal Check (with closest local Police authority);
- An ASIC Pty Ltd company registration for their business.
- If a TEKI is successful in any item verification the Task Platform will place a TEKI Verification Icon on the TEKI’s Profile Page. The said Verification Icon is a “digital graphic image icon”. The presence of the “icon” represents the TEKI has provided documents to support that type of verification, however, the Task Platform cannot guarantee the identification is true and correct, and it is up to Customers to make their own enquiries about TEKI identities and supporting documents directly with the TEKI themselves directly.
- Current TEKI Verification Icon Badges available to display on profile pages include;-
- Email address;
- GST registered;
- Insurance cover;
- Government Photo ID;
- Criminal Check.
TEKI VERIFICATIONS ICONS/BADGES
TEKIs agree that the presence of any identification badge does not actually hold any actual direct financial benefit to the TEKI. More identification badges may provide the TEKI with more work, as they will be perceived as a more trustworthy TEKI, but that is the only actual benefit, and it’s not guaranteed by the Task Platform that any identification badges will give the TEKI any actual value.
- The TEKI Verification Services may charge a fee for any given verification sought.
- Users agree that the TEKI Verification Services may not be fully accurate as all identification standard is dependent on information supplied from our TEKIs and/or information or any Verification Services provided by third parties which is out of the Task Platform’s control.
- You are solely responsible for confirming identity verification directly with TEKIs and the Task Platform accepts no responsibility for any use that is made of the Task Platform’s Identity Verification Service.
- The Task Platform reserves the right to modify Identity Verification Services at any time.
- In order for TEKI’s to withdraw their “earnings” from IT Tasks, they can withdraw their fund with their Paypal account.
- When a Customer posts an IT Task, Customers are asked to provide a Task Budget as a guide for what they are willing to pay for their IT Task. However, when the TEKI bids on an IT Task the TEKI can enter a different amount they wish to charge (the Task Price) for the said IT Task and any conditions pertaining to that Bid. Once the TEKI makes the bid with their fee for the IT Task (the Task Price), then the Customer can accept or reject that TEKI’s Bid.
- When the Customer posts the IT Task, they are not required to pay any amount. Posting an IT Task is “free”.
- If no TEKI Bids for an IT Task, or the Customer chooses to reject all bids for their IT Task, then the Customer is not charged anything for the said IT Task post.
- If a Customer accepts a TEKI’s Bid for their IT Task, then a Task Contract is created between the TEKI and the Customer and at that time the Customer is required to pay into the Task Platform’s Holding Account the full amount of the Task Price plus the Task Platform Payment Processing Charges.
- Once the IT Task is completed the Customer is to click “Approve Payment” to release the Task Budget held in the Task Platform’s Holding Account to the TEKI for their payment. Then the Task Budget amount is paid to the TEKI less the Task Platform Charges.
- Payments for IT Tasks are made through the globally-recognised third party payment provider such as Paypal. In using the Task Platform, the TEKI Services or when making any payment in relation to your use of the Task Platform, you ensure that you have read, understood and agree to be bound by Paypal’s terms and conditions which are available on their website.
- If the Task Platform changes its current payment facility or Task Platform Holding Account, you may be asked to agree to further additional terms with those providers.
- At no time should a Customer pay a TEKI directly or off the Task Platform, or pay their business directly, all payments to TEKI’s for Tasks are to be made via the Task Platform.
- If any TEKI requests payment outside the Task Platform, Customers should advise the Task Platform Support team immediately.
- TEKI’s or Customers who ask to make or receive payments off the Task Platform may have their User Account cancelled (without notice) at the discretion of the Task Platform.
- TEKI’s payment from the Task Platform Holding Account for completed IT Tasks may take up to 7 days to process.
TAX & GST
12.1 All TEKI’s on the Task Platform are independent contractors and are responsible for paying tax on their income as required by the relevant tax law for their country.
- The Task Platform is an Australian company and as such are required by law to charge a 10% GST tax on their Task Platform Charges. Therefore, all Task Platform Charges including the 10% Service Fee and the 2.75% Payment Processing Fee is including GST.
- You can obtain a GST input tax credit for any GST paid to the Task Platform Charges.
- GST may or may not be charged by the TEKI for their Services which constitutes the total of the Task Price, less 10% for the Task Platform Fee.
- Customers should seek this information direct from the TEKI who performs their IT Task and request a tax invoice from the TEKI if the Customer wishes to claim a GST input.
13 Refunds & Cancellations
- A Task Contract can be cancelled at any time if both parties are in agreeance to the terms of the cancellation.
- If a Task Contract is cancelled by a TEKI, the amount refunded will be the Task Price less the Task Platform Charges.
- If a Task Contract is cancelled by a TEKI, all the Task Price will be refunded to the Customer.
14 Dispute Resolution
- We encourage TEKI’s and Customers to try to resolve their disputes in writing between themselves. However, if there is a dispute between the two parties that cannot be resolved amicably, the Task Platform will assist in resolving the issue.
- If the Task Platform decision is not acceptable to both parties, they can elect to have their matter resolved by an independent (mutually acceptable) third party dispute resolution service of their choice. The Task Platform can hold onto the Task Price until notice is received from the third party service as to how to resolve the dispute.
THE DISPUTE PROCESS:
Step 1. Identify the issue causing the dispute.
Step 2. Supply any copies of information that may assist in the dispute resolution.
Step 3. Be clear on what you are and are not willing to compromise on.
Step 4. Make at least one offer of settlement to clarify your best position.
The Task Platform recommends that Users;-
- Keep all offers in writing and keep copies of everything;
- Avoid being rude or unprofessional;
- Report any inappropriate behaviour to the Task Platform Support Team.
There is no charge by the Task Platform to provide dispute resolution assistance.
15 Fraud & Theft
- The Task Platform provide a range of ID checks to avoid fraud, money laundering and data theft.
- Upon joining the Task Platform TEKI’s must confirm their I in various ways to start Bidding on IT Tasks.
- To be eligible to Bid on Tasks TEKI’s must confirm their photo ID and have a registered ABN in the same name as the photo ID. Then TEKIs must provide a TEKI Introduction Video for at least 60 seconds.
- Falsifying an identity is a crime and the Task Platform may report anyone to authorities who provides false or suspicious identification.
- In order to minimise the possibility of fraud and criminal activity on the Task Platform, there are various terms TEKIs have to agree to in order to use the Task Platform:
- Various ID Verification Checks;
- Providing an Introduction Video;
- Random ongoing checks of currency of ID information;
- Full cooperation with legal Police investigations;
- Tools to avoid Users logging into the Platform from a VPN.
- We reserve the right to suspend a User withdrawal request if the source of the funds or the User is suspected to be fraudulent or is suspicious.
- If we become aware that any funds received into a User Account from another User Account as a result of a fraudulent transaction this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your User Account to cover the reversal, and if you do not we will take action to recover those funds from you, plus we may suspend or cancel your User Account.
- We may in our sole discretion place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:
- We believe there may be an unacceptable level or risk associated with you, your Account or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
- We believe that the beneficiary of the payment is someone other than you;
- We believe that the payment is being made to a country where we do not offer our Services;
- We are required to do so by law or applicable law agencies.
- We may at our sole discretion place a temporary hold on your User Account if you are involved in a dispute on the Task Platform or with a Task Contract. If a dispute ends in your favour we will release the funds to you, and if a dispute ends against your advantage we may remove the funds from your User Account.
16 Reviews & Feedback
- A User-initiated feedback/review system is available on the Task Platform to help evaluate Users.
- Any reviews left on the Task Platform will be viewable by prospective Task Users. Reviews are to be written professionally with honesty and respect.
- Users can report inappropriate or unfair reviews on the Task Platform by using the Report Function or by contacting the Task Platform Verification Team.
- The Task Platform reserves the right to suspend or terminate a Users Account at any time if, in its sole and absolute discretion, is concerned by any feedback about the User, or considers the feedback rating to be problematic for other Users.
17 Termination of Membership
- These Terms and Conditions will continue to apply until terminated by either the User or by the Task Platform as set out below.
- If a User wishes to terminate your User Account, you may do so by:
- Closing your User Account on the Task Platform for all of the Services which you use;
- Notifying us, in writing, to the Task Platform via the ‘Contact Us’ link on our homepage.
- The Task Platform may at any time, terminate your User Account if:
- You have breached any provision of the Terms or intend to breach any provision;
- The Task Platform is required to do so by law;
- The provision of the Services to you by the Task Platform is, in the opinion of the Task Platform, no longer commercially viable.
- Termination of these terms and conditions does not affect any Task Contract that has been formed between Users. If You have entered into a Task Contract you must comply with the terms of that Task Contract including providing the Services or paying the Task Price when applicable.
- Third Party Services are subject to Third Party Service provider terms and conditions.
- The Fees and Limitation of Liability terms and conditions continue to apply and survive any termination or expiration of these Terms and Conditions.
- Subject to local applicable laws, the Task Platform reserves the right to discontinue or cancel a Users’ Account at any time and may suspend or deny, in its sole discretion, a Users’ access to all or any portion of the Task Platform or the Services without notice if a User breaches any provision of these Terms and Conditions or any applicable law or if a Users’ conduct impacts the Task Platform’s name or reputation or violates the rights of those of another party. A User may not create any further User Accounts with the Task Platform without written consent from the Task Platform Support Team. The Task Platform are within its rights to terminate any other User Accounts a User operates.
18 Third Party Services & Business Partners
- The Task Platform may include Third Party Services promoted on the Task Platform to offer relevant Services and resources to Users. These Third Party Services are not provided by the Task Platform and are subject to the Third Party’s terms and conditions.
- If a User chooses to engage with a Third Party Service Provider, the agreement will be directly between the User and that Third Party Service Provider.
- The Task Platform makes no representation or warranty as to Third Party Services.
- The Task Platform may enter into agreements with Business Partners (“Business Partners”) and may seek to engage TEKIs in the provision of Business Services (“Business Services”). TEKIs who agree to perform Business Services for Business Partners acknowledge and agree that TEKIs and the Business Partner may on-sell services supplied to Third Parties for an increased fee.
- Business Partners may require TEKIs to enter into a Business Partner Contract (“Business Partner Contract”) before providing Business Services. Business Partners may also require TEKIs to hold specific qualifications to provide the Business Services. The Task Platform makes no warranty that it will promote any or all suitably qualify TEKIs to Business Partners.
- Where a TEKI accepts a Task with a Business Partner, the Tasker must provide Business Services to the Business Partner in accordance with both the original Task Contract and the Business Partner Contract.
19 Venue & Jurisdiction
The Services offered by the Task Platform is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Task Platform, Users agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria or Queensland, Australia.
20 Governing Law
These Terms and Conditions are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and Conditions and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
21 Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms and Conditions are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms and Conditions are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms and Conditions shall remain in force.
The Task Contract
COMMENCEMENT DATE AND TERM
This Task Contract is created when the Customer accepts the TEKI’s Bid on a Task posted on the Task Platform to provide Services of some kind.
The Task Contract will continue until terminated in accordance with Clause 7.
The TEKI must perform the Services in a professional, proper and confidential manner.
The TEKI must perform the Services at the agreed time on the agreed hardware.
Both parties must perform their obligations in accordance with any other terms or conditions agreed to by the parties prior, during or subsequent to the creation of the Task Contract.
Each party ensures that the information provided in the creation of the Task Contract is true and accurate.
The TEKI ensures that he/she has the right to work and provide Services and holds relevant licences in Australia (if required).
The parties incorporate the (Australian) Consumer Guarantees into the Task Contract, even if they are not already incorporated by law.
PAYMENT OR CANCELLATION
Upon the creation of the Task Contract, the Customer must release the Task Budget amount for the IT Task into the Task Platform Holding Account.
Upon the Services being completed the TEKI will provide notice on the Task Platform dashboard.
The Customer will be prompted to confirm that the Services have been completed. If the TEKI has completed the Services in accordance with clause 2, the Customer must use the Task Platform to release the Task Budget amount from the Task Platform Holding Account to the TEKI.
If both parties agree to cancel the Task Contract, or the Customer is unable to contact the TEKI to perform the Task Contract, then the Task Budget amount will be dealt with in accordance with the Task Platform’s standard Terms and Conditions.
LIMITATION OF LIABILITY
Except for liability in relation to a breach of a non-excludable condition, the parties exclude all consequential losses arising out of or in connection to the Services, and any claims by any third person, or the Task Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any non-excludable condition is capped at the Task Budget amount.
If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days via negotiation through the Platform, or phone/email.
If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to the Task Platform in accordance to the relevant Dispute Resolution in their Terms and Conditions.
TERMINATION OF CONTRACT
The Task Contract will terminate when:
- The Services are completed, and the Task Budget amount is released from the Task Platform Holding Account;
- A party is suspended or terminated from the Task Platform, at the election of the other party;
- Otherwise agreed by both parties or a Third Party Dispute Service; or
- Notified by the Task Platform in accordance with the Task Platform’s Terms and Conditions.
APPLICATION OF POLICIES
The parties incorporate by reference the applicable Policies.
The Task Contract is governed by the laws of Victoria Australia. The parties submit to the exclusive jurisdiction of Victoria.
TEKI Training is a separate website where TEKI’s can come and take free learning sessions and some more specialised paid courses are available to help them grow their remote freelancing career.
TEKI Training also hosts a private Facebook Group for TEKI’s to connect and support each other.
There may be other helpful tools and resources promoted from TEKI Training that is not relevant to Customers of onlineTEKI, there for it is promoted and discussed from that forum.
- A not-for-profit organisation owned and run by the Company.
- Its purpose is to help educate children on how to keep safe while using computers, mobile devices and computers.
- It will promote safe internet browsing strategies to kids in their way of thinking.
- It will educate kids on what cyber bullying is, the harm it does, how to spot a bully and what to do if they see a bully online or are being bullied or harassed online themselves.
- It will encourage “persuasive” online celebrities, influencers and YouTubers to help share the anti-bullying and online safety message to kids through their own platform and audience.
- TEKIKIDS will promote a free mobile APP for kids to download and use, which will include fun games and competitions for kids to enter. All activity will have the background hum of being safer and kinder to others online, without exposing themselves to being harmed.
- TEKIKIDS will host a TEKIKIDS PODCAST with guest hosts from around the world who are admired by kids, thereby giving the podcast and our brand message credibility and more effectiveness in the delivery.
- TEKIKIDS will not have its own website, the TEKIKIDS news and updates will be promoted from the onlineTEKI website blog.
TEKIKIDS may fundraise for assistance to grow the awareness and help promote the Mobile APP to schools to offer to their kids as a joint program.