Terms & Conditions

This Terms of Service ("Terms") is a legally binding agreement that governs your use of and/or the applications offered by Ayopey Global Solutions Limited ("Sisenow" or the “Site”). The terms describe the conditions under which users of the Site, whether registered Freelancer or Customer (“Users”) or unregistered (“Site Visitors”) are allowed to access or use the Site. Please read these Site Terms of Use carefully before visiting our Site. By using or accessing the Service offered through the Site (the “Service”), You agree to be bound by these Terms.

Definition

Provides some definitions of capitalized terms that appear in the Site Terms of Use.

REGISTRATION AND ACCEPTANCE

By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.

To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to the Site Terms of Use, certain portions of the Site are available to Site Visitors, including those portions before your Account registration is accepted. Sisenow reserves the right to decline a registration to join Sisenow or to add an Account of any type (i.e., as a Customer/Client or Freelancer), for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself and the company. Your privacy is important to Sisenow and your information will be handled in accordance with our Privacy Policy, which is part of the Terms of Service, and applicable law.

USER ELIGIBILITY

Sisenow offers the Site and Site Services for your business and commercial purposes only and not for personal benefit or gain. To register for an Account or use the Site and Site Services, you must, and hereby represent that you:

• are an employee or agent of and authorized to act for and bind an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity);

• will use the Site and Site Services for business purposes only;

• will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of Freelancer Services;

• are either a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) in each case who can form legally binding contracts.

The website is operated by AYOPEY GLOBAL SOLUTIONS LIMITED and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the website, our services and you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you may not create a Sisenow account. If we discover that you have created an account that violates these rules, we will terminate your account.

REGISTRATION DATA AND ACCOUNT SECURITY.

Need for registration:
Users must register in the Site with their true and correct information including but not limited to Full name, Age, Full address, Services Details, Mobile number, educational details, Email Id, etc. Users will create, maintain and use only one Member account and password on the Site for your use. Users will not create multiple Member accounts and passwords for their use on the Site.

Subscription Details
Users can find the specific details regarding your subscription with Sisenow at any time by accessing Sisenow website, The website has provided with some standard plans and it may vary from time to time.

PRIVACY

Note that any information you provide or that we otherwise collect about you as part of your registration is subject to our Privacy Policy. We reserve the right to disclose, in accordance with our Privacy Policy, any information about our Users, including registration data, in order to:

• satisfy any applicable law, rule, regulation, legal process, subpoena or governmental request;

• enforce the T&C, and/or;

• protect the rights, property or safety of Sisenow, its Third Party Providers, the Subscribed Members, its other subscribed members, its Users and/or the public.

PAYMENT TERMS

You agree to pay all fees through Sisenow only. As of today, Sisenow is having 3 methods of payments, the first one is project-based payment. In project mode the entire project value will be charged and kept in escrow wallet and the payment is released at one go as and the service provider sends a completion instruction which is duly accepted by the Client/ Customer and when it is accepted the escrow agent releases the payment. The Second type of payment has been decided on the basis of Milestone. In Milestone the payment has been released on instalment basis, there are few types of milestones templates like 20:80, 80:20, 50:50, 50:30 etc., In this method it has been decided upon the condition which both the parties have accepted. On Milestone Service Provider sends all milestones that the Client/Customer has agreed to accept in advance, after which all milestones are transferred to Sisenow escrow wallet and released as Service Provider completes the milestone. The third type of payment is task based payment On a task-based basis, the service provider needs to claim in advance and then the Customer/Client will pay, which will be stored in Sisenow secure escrow wallet and the payment will be released once the service provider completes their work.

If the payment is received in Escrow account from Client, in that case when Sisenow receives the approval, Sisenow transfer the payment to the Freelancer account after exclusion of Sisenow’s commission. Service providers Invoices are generated and sent to Client when the project is approved and at the same time Sisenow Invoices also raised to Service Provider and the Client for their share of commission. When a client pays a Freelancer for a Project or when funds related to a Project are otherwise released to a Freelancer as required by the applicable Escrow Instructions, the Escrow will credit the Freelancer Escrow Account for the full amount paid or released by the Client, and then subtract and disburse to Sisenow the Service Fee.

ADDITIONAL PAYMENT TERMS

You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered by you. Sisenow may revise the pricing for the goods and services it licenses to you through the Services at any time. While using the Debit or Credit card to make payments, the additional process charges or API using charges etc., would be separate and that would be entirely borne by the Client/Customer.

Sisenow offers solutions in two categories:
Platform Solution: Sisenow acts as an agent between Service Provider/Freelancer and Client/Customer. As a custodian, it participates in maintenance of Tri-Party Escrow Account comprising of Sisenow, Customer/Client and Service Provider/Freelancer. The basic services under this solution are provided by Service Provider to Customers directly and Sisenow charges its commission for providing interface and securing payments through participating in Escrow Account.

Under Platform Solution, following services are offered:

• Project based: Invoices by Service Provider and Sisenow is generated upon completion of Given Project

• Milestone based: Invoices / Payments are released in Instalment based upon completion/development of Project

• Task based: Invoices / Payments are released based on efforts put in like hours involved

• Enterprise Solution: Sisenow undertakes the contract from its Client/Customer to get any assignment completed through engagement of Service Provider. The Service Provider/Freelancer provides services to Sisenow and Sisenow provides consolidated services to Customer/Client. In other words, the Service Provider/Freelancer does not provide services directly to Customer/Client.

Under Enterprise Solution, following services are offered:

• Completed Contract Project: Invoices by Sisenow shall be issued upon completion of Task. Progress payments shall be received by Sisenow depending upon efforts engaged as advance

• Proportionate Progress Project: Invoices by Sisenow shall be issued as and when part of assignment is completed. Progress payments shall be received by Sisenow depending upon efforts engaged as advance or consideration against Invoices raised.

USER CONTENT

The Service may invite you to open chat or participate in blogs, share your experience, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Sisenow and/or to or via the Service, including, without limitation, text, writings, comments, suggestions or personally identifiable information or other material (collectively "User Content"). Any material you transmit to Sisenow will be treated as non-confidential and non-proprietary.

You agree that your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without Sisenow incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.

You grant to Sisenow the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same.

Sisenow has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Sisenow does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.

Sisenow has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. Sisenow may move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Sisenow reserves the right to treat User Content as content stored at the direction of users for which Sisenow will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Sisenow's attention.

You acknowledge that you do not rely on Sisenow to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.

RULES ABOUT USE OF OUR SERVICES:

Sisenow will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that our services will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at our Customer care no [•].

By using this Site services User hereby granting full permission to us to use any photographs, motion pictures, text, video tapes recordings or any other record of users chat box or any other related activities for any purpose including, without limitation, commercial use. <br/> Create user accounts by automated means or under false pretences or mislead others as to the origins of your communications.

We do not warrant that your use of the Services or the Site will be uninterrupted. Notwithstanding that we will try to allow uninterrupted access to the Services and the Site, access to the Services and the Sitemay be suspended, restricted or terminated at any time

We do not give any warranty that the Services and the Site are free from viruses or anything else which may have a harmful effect on any technology.

We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Site from time to time. Your access to the Site and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or services from the Site at any time.

We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms of Use.

You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. Subject to the terms and conditions of this Agreement, our Site hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, or otherwise exploit this Site content or any portion of it unless expressly permitted by us in writing.

You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance.

Our Site reserves the right to refuse service, terminate accounts in its discretion, including without limitation, if we believe that user conduct violates applicable law or is harmful to Site interests or customer stores data which is illegal by law on the server.

It is Agreed by both the parties that they will not work outside the Sisenow platform for any business gain, and if it parties infringe this clause in that case Sisenow will terminate the parties account immediately and take a legal action, unless it is a service provider introduces a customer using our Introduce customer use platform or vice versa when customer gets their service providers to use the platform.

You shall not upload, distribute, or otherwise publish through this Site any of the Content, video, information, or other material that –

• Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;

• is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under applicable laws of England and Wales;

• includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties;

• criminal or tortuous activity, including pornography, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

• Using any information obtained from the Website or app in order to harass, abuse, or harm another person;

• Obstruct or hinder the use and enjoyment of 'The Service' by other Users;

• Intentionally or unintentionally violate any applicable local, state, national, and international laws and regulations;

• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• Interfere with or disrupt the Service or servers or networks connected to the Service, or challenge any requirements, regulations or guidelines of networks connected to 'The Service';

• Transmit or otherwise make available any material in connection with surveys, chain letters, junk email, spamming, contests, pyramid schemes, or any duplicative or unsolicited messages (commercial or otherwise);

• Upload, post, email, transmit or otherwise make available any content that is unlawful, damaging, intimidating, hostile, offensive, harassing, defamatory, improper, obscene, vulgar, invasive of another's privacy, caste related, ethnically or otherwise objectionable;

• Upload, post, email, transmit or otherwise make available any content protected by any patent, trademark, copyright or other intellectual proprietary laws unless you own or control the rights thereto or have received all necessary consents to do the same;

• Upload files that contain viruses, worms, corrupted files or any other similar software or programs designed to disrupt, damage or limit the operation of any computer or telecommunications equipment or property of another;

• 'Stalk' or otherwise harass other users; collect or store personal data about other users;

• Advertise, Promote or offer to sell or buy any goods or services for any business purpose unless the service specifically allows such messages or transactions;

• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion, use or access of the Service;

• harm minors in any way;

• upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

• except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or 'bot'), cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software.

• disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service.

• interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, Collaborative Content or the User Content.

YOUR OBLIGATIONS AND YOUR INDEMNIFICATION OF SISENOW

You are responsible for your use of the Site and anything you post on the Site. If someone makes a claim against Sisenow because of anything you put on the Site, you agree to pay Sisenow for our fees and expenses and to indemnify Sisenow.

When you post User Content on or through the Site or provide Sisenow with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you agree to only post or provide User content that does not violate the law or anyone’s rights (including intellectual property rights). You also represent that you have the right, power, and authority to grant the licenses specified below.

You acknowledge and agree that the poster of User Content, and not Sisenow, is responsible for any User Content including any harms caused to anyone by such User Content.

You will indemnify, defend, and hold harmless Sisenow, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, actions, suits, proceedings, damages, liabilities, costs, losses, and expenses (including attorneys’ fees) relating to or arising out of any User Content you post.

YOUR RIGHTS AND LICENSE TO SISENOW AND OTHER SITE VISITORS

By posting content on the Site, you give others some rights to that content. You retain all ownership rights in any User Content you post on Sisenow. You also grant to Sisenow and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content for use in connection with the Site and Sisenow’s businesses. You also hereby grant each User and each Site Visitor a non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, and display such User Content as permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of the Terms of Service and applicable law.

We have the right, without compensation to you or others, to serve ads near your content and information. Subject to choices you make within your Sisenow Profile, we may also mention your use of a feature of the Services, along with your name or photo to promote that feature.

LIMITATION OF LIABILITY

You expressly agree that use of the service is at your sole risk and is provided on an 'as is' basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under the laws applicable to terms of use with any legally required warranty period to the shorter of thirty days from first use or the minimum period required). Without limiting the foregoing, neither Sisenow nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, 'Sisenow parties') warrant that the service will be uninterrupted or error-free.

The Sisenow is playing the role of intermediaries only. Our Site is not responsible for any service error from the Freelancer to the Customer or User. Sisenow provides you only platform to contact the freelancer and user or the customer who needs the services.

To the fullest extent permitted by law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort and that the Sisenow parties shall not be liable for any direct, indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the service.

Under no circumstances will the Sisenow parties be liable to you for more than the amount you have paid Sisenow in the Thirty (30) days immediately preceding the date on which you first assert any such claim. If at any point the customer raises the Dispute Raise Button, in that case Sisenow holds the freelancer or service provider's payment until the Customer requests to release the holding amount.

All conditions, terms, representations and warranties relating to the website. Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded to the extent applicable under Indian laws.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Sites services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim.

Under no circumstances shall Site be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, pandemic, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, pandemic, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

It is our policy to terminate Membership privileges of any User who once infringes the copyright rights of others upon receipt of prompt notification to Site by the copyright owner or the copyright owner's legal agent/Advisor. Without limiting the foregoing, if you believe that your work has been copied and posted on the services in a way that constitutes copyright infringement, please provide us with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• a description of the copyrighted work that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Website or app Services;

• your address, telephone number, and email address;

• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

INDEMNITY

You "The User" comprehend and agree to indemnify Sisenow and its affiliates, officers and employees, harmless from any claim or demand, including attorneys' fees, made by any freelancer or customer due to or arising out of your use of the Service, your connection to the Service, your violation of the Service or any other provision of the Agreement, or the infringement or misappropriation by the user, or a third party using user's computer, account or password to access and/or use the services, of any Intellectual Property Rights of any person or entity, or the use or misuse by the user or third parties of user's passwords or accounts, or your violation of any rights of another.

TERMINATION

This Agreement shall remain in full force and effect while you use our services through Site. However, Sisenow reserves the right to terminate access to certain areas or features of the Site at any time for any reason, with or without notice.

We also reserve the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of our services and/or other visitors to our Site. Sisenow withholds the right to temporary or permanent termination of any user for any of the following reasons:

• If it concludes that the user(s) have provided any false information at the time of registration or are engaged in fraudulent or illegal activities.

• The user(s) breach any provisions of the terms and conditions of use agreement and/or Agreement of the services.

• Utilize our services to send spam and defamatory messages or repeatedly publish the same product information.

ASSOCIATION / LINKS TO THIRD PARTY

Our Site may contain links to third party Sites "Linked Sites" ("Affiliates" / "Partner Sites"). The Site may also contain applications that allow you to access third-party websites via the Site. These Linked Sites are not under our control and Sisenow is not responsible for the products or services of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Our Site is not responsible for webcasting or any other form of transmission received from any Linked Site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Site.

NOTICE

All notices or demands shall be effective if in writing and shall be duly made when sent to <b>AYOPEY GLOBAL SOLUTIONS LIMITED</b> having addressed at: [•].

Contact No.: [•]; Email [•]

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s).

FEEDBACK

The thoughts written or reviews posted by visitors or User are of them and not moderated by us, any one thus felt offended please email us at: [.] and we will remove it from our Site (if we feel the same within the framework of business, prevalent norms and practicability) of legality and freedom of speech.

GOVERNING LAW / WAIVER OF INJUNCTIVE RELIEF

This Agreement and all aspects of the Service shall be governed by and construed in accordance with the laws of England and Wales. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), User agree not to commence or prosecute any action in connection therewith other than in the courts located in England.

User acknowledge that the rights granted and obligations made hereunder to Sisenow are of a unique and irreplaceable nature, the loss of which shall irreparably harm to Sisenow and which cannot be replaced by monetary damages alone so that Sisenow shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by User. User irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit User claims to claims for monetary damages (if any).

Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Terms ('Dispute'), User and Sisenow agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one person to the other. User will send your notice to Sisenow at [•].

WAIVER/SEVERABILITY

The failure of Sisenow to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Sisenow's right to assert or rely upon any such provision or right in that or any other instance.

User and Sisenow agree that if any portion of these Terms, except any portion of this Agreement, is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

If any provision(s) of the Agreement is/are held by a court of competent jurisdiction to be contrary to law, or otherwise invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

STATUTE OF LIMITATIONS

User and Sisenow agree that any cause of action arising out of or related to these Services must commence within six (6) month after the cause of action first arose; otherwise, such cause of action is permanently barred. If you do not agree with any of our Terms and conditions mentioned above please do not read the material on any of our pages or do not accept our services.

ENTIRE AGREEMENT

These Terms of Use set forth the entire understanding and agreement between you and Sisenow with respect to the terms of use of our Services.

Any rights not expressly granted herein are reserved.

Date Last Modified
These Terms of Use were last modified May, 2024