Registration - ZESSA Click

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Membership Agreement between ZESSA Click & Professional *

Selling & Buying Concept Clarity Statement

ZESSA-Click is being a global market place intends to provide a place where seller of their template, work, services and time meets with the buyer of any or all of them on an agreed price, time and deliverables milestones

For such arrangement mentioned in above paragraph, we never allow any internal secret of any organization to be discussed or sale from ZESSA-Click marketplace platform

Hence, a sample data set has been designed which is available to sellers so that they could prepare sample work to showcase their expertise without using any internal data of any organization in any form which is neither supported nor accepted on this platform

Any such incident if found will be treated as a co-incidence without any intention as such by ZESSA-Click and the user will be blocked and rusticated

Membership Agreement

Effective October 1, 2021

The agreement here you are reading is the Membership Agreement (“Agreement”) is being undertake between you and ZESSA-Click. It is part of and incorporates by reference the User Agreement and the other Terms of Service. Any amendment impacting terms of this agreement will be notified through our website notifications. Capitalized terms not defined in this Agreement are defined in the Site Terms of Use, User Agreement, or elsewhere in the Terms of Service.

You and ZESSA-Click will be referred as Parties, and You means a professional offering his services, work, efforts, time through our global market place platform

Membership can be cancelled by the sole discretion of ZESSA-Click without informing the reason

You are agreed on whatever is written here and any part or any statement will not be taken into any legal support, or proceeding to any court of law

TAXES:

Taxes will be collected as per law prevailing at the time

1. ZESSA-CLICK USER ACCOUNTS

Section 1 discusses what you must agree to before using the Site or Site Services and the different types of accounts that can be created on the Site, as detailed below.

1.1 REGISTRATION AND ACCEPTANCE

Through 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 and all policies with no condition from your side.

1.2 ELIGIBILITY

ZESSA-Click offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the Site and Site Services, you must, and hereby represent that you: (a) 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); (b) will use the Site and Site Services for business purposes only; (c) 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 Services; and (d) 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.

1.3 User PROFILE

To register as a user to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, to be shown to the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.

2. PURPOSE OF THIS MARKETPLACE

This Section discusses what ZESSA-Click does and does not do when providing the Site and Site Services and some of your responsibilities when using the Site to find or enter into a Service Contract with a Professional User or Client, as detailed below.

The Site is a Global marketplace where Clients and Professionals and contributors can identify each other and advertise, buy, and sell Template, Work, Time and Services online. Subject to the Terms of Service, ZESSA-Click provides the Site Services to Users, including hosting and maintaining the Site, facilitating the formation of Service Contracts, and assisting Users in resolving disputes which may arise in connection with those Service Contracts. When a User enters a Service Contract, the User uses the Site to invoice and pay any amounts owed under the Service Contract.

2.1 RELATIONSHIP WITH THE COMPANY

ZESSA-Click made the Site Services available to enable Users and Clients to find and transact directly with each other. ZESSA-Click does not introduce Professionals and Work Contributor or Sellers to Clients, select Projects for Professionals and Work Contributor or Sellers, or select Professionals and Work Contributor or Sellers for Clients. Through the Site and Site Services, Professionals and Work Contributor or Sellers may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Professionals and Work Contributor or Sellers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Project, Client or work requirement on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and ZESSA-Click is not a party to that Service Contract.

You agree and acknowledge to agree, and understand that ZESSA-Click is not a party to the relationship or any dealings between Client and Seller Without limitation, Users are solely responsible for: (a) ensuring the accuracy and legality of any User Content; (b) determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions); (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts; (d) performing Services; and/or (e) paying for product, time, efforts or Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User, including Composite Information (defined below). ZESSA-Click does not make any representations about or guarantee the truth or accuracy of any user, seller or Client’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Professionals and Work Contributor or Sellers or Clients; and does not perform background checks on or guarantee the work of Professionals and Work Contributor or Sellers or Clients. You acknowledge, agree, and understand that ZESSA-Click does not, in any way, supervise, direct, control, or evaluate Professionals and Work Contributor or Sellers or their work and is not responsible for any Project, Project terms or Work Product. ZESSA-Click makes no representations about and does not guarantee, and you agree not to hold ZESSA-Click responsible for, the quality, safety, or legality of products and Services; the qualifications, background, or identities of Users; the ability of Professionals and Work Contributor or Sellers to deliver products or Services; the ability of Clients to pay to sellers ; User Content and statements or posts made by Users; or the ability or willingness of a Client or Seller to actually complete a transaction. While ZESSA-Click may provide certain badges on Seller or Client profiles, such badges are not a guarantee or warranty of quality or ability or willingness of the badged Seller or Client to complete a Service Contract and is not a guarantee of any kind, including, the quality of Seller Services or Client Project.

You also acknowledge, agree, and understand that Professionals and Work Contributor or Sellers are solely responsible for determining, and have the sole right to determine, which Projects to accept; the time, place, manner, and means of providing any Seller Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of ZESSA-Click, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) ZESSA-Click will not have any liability or obligations, including under or related to Service Contracts and/or Seller Services for any acts or omissions by you or other Users; (iii) ZESSA-Click does not, in any way, supervise, direct, or control any Seller or Seller Services; does not impose quality standards or a deadline for completion of any Seller Services; and does not dictate the performance, methods or process Seller uses to perform services; (iv) Seller is free to determine when and if to perform Seller Services, including the days worked and time periods of work, and ZESSA-Click does not set or have any control over Seller’s pricing, work hours, work schedules, or work location, nor is ZESSA-Click involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Seller for a Project; (v) Seller will be paid at such times and amounts as agreed with a Client in a given Service Contract, and ZESSA-Click does not, in any way, provide or guarantee Seller a regular salary or any minimum, regular payment; (vi) ZESSA-Click does not provide Professionals and Work Contributor or Sellers with training or any equipment, labor, tools, or materials related to any Service Contract; (vii) ZESSA-Click does not provide the premises at which Professionals and Work Contributor or Sellers will perform the work; (viii) unless otherwise agreed with their Client, Professionals and Work Contributor or Sellers may use subcontractors or employees to perform Seller Services by delegating work on fixed-price contracts or by agreeing with their Clients to have hourly contracts for Seller’s subcontractor(s) or employee(s); and (ix) ZESSA-Click does not provide shipping services for any physical Work Product. If a Seller uses subcontractors or employees, Seller further agrees and acknowledges that this Section applies to ZESSA-Click’s relationship, if any, with Seller’s subcontractors and employees as well and Seller is solely responsible for Seller’s subcontractors and employees.

Without limiting the foregoing paragraph, if you are an Agency or Agency Member, you expressly acknowledge, agree, and understand that: (1) the Agency is solely responsible for paying its Agency Members for work performed on behalf of the Agency and that such payments will not be made through the Site; (2) ZESSA-Click is not a party to any agreement between the Agency and its Agency Members and does not have any liability or obligations under or related to any such agreement, even if the Agency or Agency Member defaults; (3) neither Agencies nor Agency Members are employees or agents of ZESSA-Click; (4) ZESSA-Click does not, in any way, supervise, direct, or control the Agency or Agency Members; (5) ZESSA-Click does not set Agencies’ or Agency Members’ contract terms amongst themselves or with Clients (including determining whether the contract will be hourly or fixed price), fees, pricing, work hours, work schedules, or location of work; (6) ZESSA-Click does not provide Agencies or Agency Members with training or any equipment, labor, tools, or materials needed for any Service Contract; (7) ZESSA-Click does not provide the premises at which the Agency or Agency Members will perform the work; and (8) ZESSA-Click makes no representations as to the reliability, capability, or qualifications of any Agency or Agency Member or the ability or willingness of any Agency to make payments to or fulfill any other obligations to Agency Members, and ZESSA-Click disclaims any and all liability relating thereto.

Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose, provided, if applicable, Users comply with the Opt Out provisions described in Section 7. Users are free at all times to engage in such other business activities and services and are encouraged to do so.

3 CONFIDENTIAL INFORMATION

To the extent a User provides Confidential Information to another User, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.

4. ZESSA-CLICK FEES

Currently it is @ 25% of the gross amount of the products, services, time and efforts sold to client by the user excluding all taxes

Fee may be changed time to time which will be informed through out website notitications

5. LIMITATION OF LIABILITY

ZESSA-Click is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms of Service, including, but not limited to:

your use of or your inability to use our Site or Site Services;
delays or disruptions in our Site or Site Services;
viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
damage to your hardware device from the use of the Site or Site Services;
the content, actions, or inactions of third parties’ use of the Site or Site Services;
a suspension or other action taken with respect to your Account;
your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), Composite Information, or metrics found on, used on, or made available through the Site; and
your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.

ADDITIONALLY, IN NO EVENT WILL ZESSA-CLICK, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF ZESSA-CLICK, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $2,500; OR (B) ANY FEES RETAINED BY ZESSA-CLICK WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS CLIENT OR SELLER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

6. AGREEMENT TERM AND TERMINATION

Section 13 discusses your and ZESSA-Click’s agreement about when and how long this Agreement will last, when and how either you or ZESSA-Click can end this Agreement, and what happens if either of us ends the Agreement, as detailed below.

6.1 TERMINATION

Unless both you and ZESSA-Click expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to info@zessa-click.com In the event you properly terminate this Agreement, your right to use the Site and Site Services is automatically revoked, and your Account will be closed. ZESSA-Click is not a party to any Service Contract between Users. Consequently, User understands and acknowledges that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Service Contract or Project entered into between Users. If you attempt to terminate this Agreement while having one or more open Projects, you agree (a) you hereby instruct ZESSA-Click to close any open contracts; (b) you will continue to be bound by this Agreement and the other Terms of Service until all such Projects have closed on the Site; (c) ZESSA-Click will continue to perform those Site Services necessary to complete any open Project or related transaction between you and another User; and (d) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Service Contracts, whichever is later, to ZESSA-Click for any Site Services or such other amounts owed under the Terms of Service and to any Professionals and Work Contributor or Sellers for any Seller Services.

Without limiting ZESSA-Click’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke or limit access to the Site or Site Services, deny your registration, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or any other provisions of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or ZESSA-Click or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity; or (iv) we are required to by law, legal process, or law enforcement. If your Account is temporarily or permanently closed, you may not use the Site under the same Account or a different Account or re-register under a new Account without ZESSA-Click’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law.

You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users, including both yourself and other Users who have entered into Service Contracts with you. You therefore agree as follows: IF ZESSA-CLICK DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, ZESSA-CLICK HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. YOU AGREE THAT ZESSA-CLICK WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.