Terms Of Service

Last updated February 6th, 2022

‘Get Work Done’ a product of Get Work Done LLC located at 30 N Gould St Ste R Sheridan, WY 82801 is an E-commerce platform offering digital services to customers worldwide. By using our services, you agree to be bound by the following terms of use.

DEFINITIONS

The following definitions shall apply to these terms of use:

  • “Platform” refers to Get Work Done.
  • “Customer” refers to the person or entity using the Platform Services
  • “Background Technology” means all Inventions developed by Platform other than in the course of providing Platform Services to Customer under the Service Contract and all Inventions that Platform incorporates into Work Product.
  • “Customer Materials” means requests, intellectual property, and any other information or materials that Customer provides to Platform for Platform to perform Platform Services.
  • “Confidential Information” means Customer Deliverables, Platform Deliverables, Work Product, and any other information provided to, or created by, a User for a Service Contract or to perform or assist in performing Platform Services, regardless of whether in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that is known to the public or that: (a) is generally known by third parties as a result of no act or omission of Platform or Customer; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.
  • “Engagement” means an engagement for Platform Services that a Platform provides to the Customer under this Service Contract.
  • “Platform Fees” means: (a) the fixed fee agreed between a Customer and an Platform; and (b) any bonuses or other payments made by a Customer.
  • “Platform Services” means all services performed for or delivered to Customers by Platform.
  • “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
  • “Invention” means any ideas, concepts, information, materials, processes, data, programs, know-how, improvements, discoveries, developments, designs, artwork, formulae, other copyrightable works, and techniques and all Intellectual Property Rights therein.
  • “Service Contract” means the contractual provisions between the Customer and the Platform governing the Platform Services to be performed by the Platform for Customer for an Engagement
  • “Work Product” means any tangible or intangible results or deliverables that Platform agrees to create for, or actually delivers to, Customer as a result of performing the Platform Services, including, but not limited to, configurations, computer programs, or other information, or customized hardware, and any intellectual property developed in connection therewith.

SERVICES

Customer and Platform agree that the Platform is performing services as an independent contractor and that Platform is not an employee or agent of Customer. Platform will perform the Platform Services in a professional and workmanlike manner and will timely deliver any agreed upon Work Product. The manner and means of performing the Platform Services will be fully determined by the Platform.

The deliverables concerning the services to be performed under this Service Contract will be described per service listed on the website or per task assigned to Platform. Both parties agree that, once accepted, neither the terms of the Service Contract nor deliverables for a task can be modified by either party without obtaining the consent of the other. If consent of the other party is not first obtained, the other party may reject such changes by terminating the Service Contract or accept such changes by continuing to work on the Service Contract.

RESPONSIBILITY FOR EMPLOYEES AND SUBCONTRACTORS, INCLUDING PLATFORM MEMBERS

If the Platform subcontracts with or employs third parties to perform Platform Services on behalf of the Platform for any Engagement, the Platform represents and warrants that it does so as a legally recognized entity or person and in compliance with all applicable laws and regulations. Further, at all times the Platform that agreed to perform services under this Services Contract remains responsible for the quality of the services and represents and warrants that Platform has entered into agreements with any such employees and subcontractors on confidentiality and intellectual property at least as strong as those in these Service Terms.

CUSTOMER PAYMENTS AND BILLING

We accept the following payment methods:

  • Credit/debit card
  • Stripe
  • Direct Bank Transfer

Payment Processing

All payments made through Platform are processed securely through a third-party payment gateway. The payment gateway follows industry-standard security practices to protect your financial information.

Partial Payments

Platform shall be paid a minimum of 70% upfront and 30% balance on completion of work product. Final deliverables will only be released to the Customer on balance payment.   

Order Processing

Orders will be processed once payment has been successfully received. If a payment is declined, the order will not be processed, and the customer will be notified to provide alternative payment information.

Disputes

In the event of a dispute regarding payment, Platform will work with the customer and the payment gateway to resolve the issue. If the dispute cannot be resolved, Platform reserves the right to involve a third party mediator to resolve the dispute.

SUBMISSION, REVISIONS, AND APPROVAL

After a draft has been submitted as a milestone deliverable, the Customer is required to give feedback on the draft within the number of business days specified in the service brief found on the website or in agreement. If the revisions have not been received within the stipulated time period, by default, the drafts will be considered approved and moved into the next phase of work or marked as completed. Once revisions have been provided by the Customer and being worked on by Platform, further revisions will incur extra charges at the Platform’s discretion. Once the Customer has provided final approval of the draft, no changes may be requested without additional charges applied at Platform’s discretion.

After a draft is submitted, the Customer will have a set number of revision sessions for each milestone approval as stipulated in the service brief. If the Customer uses the full number of revisions and is still not satisfied with the final outcome of the revised work, the Customer can choose to terminate the contract and get a refund on unused funds or pay for more revision sessions. Nonetheless, the Customer remains obligated to pay for any Platform Services provided prior to termination of the Contract.

In cases where Customer is required to provide Platform with Customer Materials (This includes but is not limited to: all text, image or video graphics, logos, logins, and any other required deliverables to complete the task), the Customer will have the number of business days specified in the service brief to submit the Customer Materials. If Customer Materials have not been provided within the stipulated number of days, the Platform reserves the right to complete the service using placeholder or dummy materials. In this case, the dummy materials used by the Platform will not be subject to Customer revision. If the Customer provides the Customer Materials after the stipulated time period has elapsed, additional charges may apply at Platform’s discretion.

TERMINATION OF A SERVICE CONTRACT

Either Customer or Platform has the right to terminate a contract at any time with or without the consent of the other party or in the event of a material breach. Nonetheless, the Customer remain obligated to pay the Platform Fees for any Platform Services provided prior to termination of the Contract. Customer does not have the right to recover any payments already released to the Platform for milestones completed and approved. Customer will receive a full refund on any service milestones not yet completed 

INTELLECTUAL PROPERTY RIGHTS

THIRD-PARTY RIGHTS

Platform represents and warrants that Platform will not incorporate or use the materials of any third party including those of any other Customer or any employer, in performing the Platform Services that are not generally available for use by the public or have not been legally transferred to the Customer.

BACKGROUND TECHNOLOGY

Platform will disclose in the Engagement terms any Background Technology which Platform proposes to incorporate into Work Product or upon which use or distribution of the Work Product will depend. If Platform discloses no Background Technology, Platform warrants that it will not incorporate any Background Technology into Work Product provided pursuant thereto. Platform will separately provide, with each delivery of Work Product to Customer, a bill of materials that identifies all Background Technology and other third-party materials that have been incorporated into the Work Product and provides, for each item of Background Technology identified, (a) the name and any associated version number, (b) the applicable license or licensing terms, (c) whether the item has been modified by Platform, and (d) how the item has been incorporated into, is used by, or is relied upon by the Work Product. Notwithstanding the foregoing, unless otherwise agreed in the Engagement terms, Platform agrees that it will not incorporate into Work Product or otherwise deliver to Customer any software code for which the use or distribution of the code will create (or purport to create) obligations for Customer to grant any rights or immunities under Customer intellectual property to a third-party, including without limitation any obligation that the Work Product or Customer software combined with, derived from, or distributed with such Work Product (x) be disclosed or distributed in source code form, (y) be licensed for the purpose of making derivative works, or (z) be redistributable at no charge.

CUSTOMER MATERIALS

Customer grants Platform a limited, non-exclusive, revocable (at any time, at Customer’s sole discretion) right to use the Customer Materials as necessary solely for the performance of the Platform Services under the applicable Service Contract. Customer reserves all other rights and interest, including, without limitation, all Intellectual Property Rights, in and to the Customer Materials. Upon completion or termination of the Service Contract, or upon Customer’s written request, Platform will immediately return all Customer Materials to Customer and further agrees to destroy all copies of Customer Materials and Deliverables (except for Background Technology as permitted by the Service Contract) contained in or on Platform’s premises, systems, or any other equipment or location otherwise under Platform’s control. Within ten days of such request from Customer, Platform agrees to provide written certification to Customer that Platform has returned or destroyed all Customer Materials and Work Product as provided in this subsection.

OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY

Upon Platform’s receipt of full payment from Customer, the Work Product (except for any Background Technology), including without limitation all Intellectual Property Rights in the Work Product (except for any Background Technology), will be the sole and exclusive property of Customer, and Customer will be deemed to be the author thereof. If Platform has any Intellectual Property Rights to the Work Product that are not owned by Customer, upon Platform’s receipt of payment from Customer, Platform hereby automatically irrevocably assigns to Customer all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Platform retains no rights to use, and will not challenge the validity of Customer’s ownership in, such Intellectual Property Rights. Platform hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product. If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered and paid for.

LICENSE TO BACKGROUND TECHNOLOGY

Upon Platform’s receipt of full payment from Customer for delivery of Work Product, Platform hereby automatically grants to Customer an exclusive, perpetual, fully-paid and royalty-free, irrevocable and worldwide right, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, have made, use, sell, import, offer for sale, and exercise any and all present or future rights in the Background Technology incorporated in Work Product delivered for that payment. If payment is made only for partial delivery of Work Product, the license described herein applies only to the portion of Work Product delivered and paid for.

LICENSE TO OR WAIVER OF OTHER RIGHTS

If Platform has any right to the Work Product, including without limitation any Intellectual Property Right, that cannot be assigned to Customer by Platform, Platform hereby automatically, upon Platform’s receipt of full payment from Customer, unconditionally and irrevocably grants to Customer during the term of such rights, an exclusive, even as to Platform, irrevocable, perpetual, worldwide, fully-paid and royalty-free license to such rights, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale and exercise any and all such rights. If Platform has any rights to such Work Product that cannot be assigned or licensed, Platform hereby automatically, upon Platform’s receipt of payment from Customer, unconditionally and irrevocably waives the enforcement of such rights, and all claims and causes of action of any kind against Customer or related to Customer’s customers, with respect to such rights, and will, at Customer’s request and expense, consent to and join in any action to enforce such rights. If payment is made only for partial delivery of Work Product, the grant described herein applies only to the portion of Work Product delivered.

ASSISTANCE

Platform will assist Customer in every way, including by signing any documents or instruments reasonably required, both during and after the term of the Service Contract, to obtain and enforce Intellectual Property Rights relating to Work Product in all countries. In the event Customer is unable, after reasonable effort, to secure Platform’s signature on any document needed in connection with the foregoing, Platform hereby designates and appoints Customer and its duly authorized officers and agents as its agent and attorney in fact to act on its behalf to further the purposes of this Section with the same legal force and effect as if executed by Platform.

CONFIDENTIAL INFORMATION

CONFIDENTIALITY

To the extent a Customer or Platform provides Confidential Information to the other, 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, and will: (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Platform Services; and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Platform Services.

RETURN

If and when Confidential Information is no longer needed for the performance of the Platform Services for a Services Contract or at Customer’s or Platform’s written request (which may be made at any time at Customer’s or Platform’s sole discretion), the party that received Confidential Information, will, at its expense, 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. The party that received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of disclosing party’s written request for such certification.

PUBLICATION

Without limiting Section 7 (Confidentiality), Customer and Platform will not publish, or cause to be published, any other party’s Confidential Information or Work Product, except as may be necessary for performance of Platform Services for a Services Contract.