This KWORK Service Dispute Resolution Policy (the "Dispute Resolution Policy" or "Policy") governs the resolution of disputes related to your use of kwork.com and the products, features, services, technologies, and software published on it and the Kwork mobile app (the “Kwork Services”).
The dispute resolution procedure outlined in this document is a legally binding agreement for Registered Users and constitutes an integral part of Kwork's Terms of Service.
We recommend that any non-registered persons with grievances or complaints with respect to a Registered User carefully follow the outlined procedure to allow for the quickest possible resolution of their Complaint.
Last updated: May 27, 2022
Our dedicated Support Team is available 24/7 if you have any questions regarding Kwork Services or this Dispute Resolution Policy. You can contact our Support Team here.
WHAT TYPE OF DISPUTES ARE GOVERNED BY THIS POLICY?
This Policy governs the resolution of all disputes that arise between a Registered User and a non-registered individual, entity, organization, and agency. The parties involved are always encouraged to resolve any issues that may arise from their interaction independently before filing an official Complaint.
WHAT TYPE OF DISPUTES ARE NOT GOVERNED BY THIS POLICY?
This Policy does not govern the resolution of disputes between Registered Users and Kwork, between Claimants and Kwork, or between two Registered Users. Such disputes are governed exclusively by our Terms of Service.
•Registered User refers to a Kwork-registered user against whom the Claimant brings a Complaint.
•Claimant means any party with the express exclusion of the Registered User that contacts Kwork with a Complaint. Claimants include, without territorial or jurisdictional restrictions: individuals; individual entrepreneurs and legal entities; rights holders; non-commercial and non-government organizations; and government organizations and agencies, including but not limited to courts and law enforcement agencies.
•Complaint refers to a formal complaint prepared and filed by a Claimant in accordance with this Policy against any Registered User or any content posted by a Registered User on Kwork Services.
•Response refers to a formal response to a Complaint prepared and filed by the Registered User through Kwork once a Claimant filed a Complaint against the Registered User or any content posted on Kwork Services in accordance with this Policy.
GENERAL DISPUTE RESOLUTION PRINCIPLES
With respect to Complaints and disputes arising therefrom, Kwork adheres to the following guiding principles:
Applicable laws and fair review
Kwork declares that all disputes arising out of Complaints filed pursuant to this Policy shall be reviewed fairly and in accordance with applicable laws.
Presumption of Registered User’s good faith
Kwork respects and appreciates its Registered Users and relies on their compliance with applicable laws and regulatory requirements and use of Kwork Services in good faith.
The dispute resolution procedure outlined in this Policy allows Claimants to file Complaints formally; it also allows Registered Users to protect their rights and interests by filing non-anonymous and substantiated Responses to such Complaints.
Filing a Complaint, as well as Kwork’s review of such a Complaint, is free of charge.
Kwork does not consider anonymous Сomplaints and Сomplaints filed on behalf of third parties unless the appropriate representation of such parties’ interests is permitted by law and confirmed by a valid power of attorney.
Claimants may not utilize the procedure established by this Policy to obstruct the lawful dissemination of information, operation of Kwork Services, or provision of Services by Kwork.
DISPUTE RESOLUTION PROCEDURE
The dispute resolution procedure under this Policy is split into five sequential stages:
Stage 1: Direct communication between Registered User and Claimant
A Claimant who believes that the actions of a Registered User and their use of Kwork Services somehow infringe or may potentially infringe their rights and legal interests must contact the Registered User prior to filing a Complaint. In many cases, direct communication between a Claimant and Registered User leads to a prompt and amicable resolution.
In any case, within 10 (ten) business days, the Registered User must either respond to the Claimant and resolve their grievances or provide the Claimant a justified refusal of their demands.
Stage 2: Preparing and filing the Complaint
If a dispute cannot be directly and amicably resolved between a Registered User and Claimant during Stage 1, the Claimant may file a formal Complaint with Kwork. Complaints may only be filed once a Claimant receives a refusal or if 10 (ten) days have elapsed since the Claimant attempted to contact the Registered User, but the Claimant has not received a response.
The Complaint must be prepared in English and sent to Kwork using one of the following methods:
•Kwork’s email address: email@example.com; OR
•Kwork Support Portal: https://kwork.com/support
For the timeliest possible resolution, we ask the Claimant to include the following in the Complaint:
•Accurate and complete information about the Claimant and, where applicable, information about their legal representative. This may include a copy of a power of attorney authorizing said representative to represent the Claimant before Kwork and file the Complaint.
•Comprehensive information about the Registered User or the content against which the Complaint is filed.
•A detailed description of the Registered User’s actions or inaction that the Claimant believes to have somehow infringed or may potentially infringe the Claimant’s rights and legal interests, along with a description of said infringed rights and interests.
•Detailed and direct references to legislation on which the Claimant’s requests and demands contained in the Complaint are based.
•A copy or screenshot of the Registered User’s express and explicit refusal to resolve the dispute amicably and comply with the Claimant’s demands under Stage 1 of this procedure, in case such demand is addressed directly to the Registered User. Or, if the Registered User fails to respond to the Complaint within 10 (ten) business days, a copy of the Claimant’s demand letter with the date and time clearly indicated.
•Means of communication with the Claimant and/or their legal representative, including a valid email address, phone number, and mailing address.
•The Claimant’s demands.
The Сomplaint may be supplemented with additional information in an electronic format supporting the Complaint. Such information cannot exceed 10 MB in size.
A single Complaint may contain information on several instances of infringement or potential infringement of the Claimant’s rights and legal interests.
Kwork reserves the right to dismiss Complaints that do not comply with the requirements of this Policy.
Stage 3: Preliminary Review of Complaint and Registered User’s Response
Once the Claimant files their Сomplaint, Kwork will send a confirmation of receipt to the email indicated in the Complaint and start the preliminary review process. This may take up to 15 (fifteen) business days from the moment Kwork receives the Complaint.
If during the preliminary review Kwork determines at its sole discretion that the Complaint does not meet this Policy’s requirements, we will send an official notice to the Claimant indicating the relevant errors, as well as a request for clarifying and/or missing information. A response from the Claimant is required within 5 (five) business days. The review process is suspended until a response is received.
The Complaint is automatically terminated in the following cases:
a)The email address or any other contact details of the Claimant and/or the Claimant’s legal representative are not specified in the Complaint;
b)The Claimant fails to provide the additional information requested under the Clause above;
c)The requested information is not provided to Kwork within the 5-day period established in the Clause above.
If the Complaint (and all additional information, if applicable) is received within the timeframes stipulated in this Stage and conform to the Policy’s requirements, Kwork will notify the Registered User and provide them with a copy of the Complaint, and request a Response to the Complaint. The Registered User must respond within 3 (three) business days from the moment of Kwork’s request.
The Response provided by the Registered User must contain:
•the reasons for the Registered User’s refusal to resolve the dispute amicably and comply with the Claimant’s demands under Stage 1 of this procedure; and
•substantiation of the Registered User’s agreement or disagreement with the Claimant’s demands contained in the Complaint.
The Response may be supplemented with additional information in electronic format supporting the Response. Such information cannot exceed 10 MB in size.
If the Complaint (and all additional information, if applicable) is received within the timeframes stipulated in this Section and conforms to the requirements of this Policy, regardless of whether Kwork receives the Registered User’s Response to the Complaint, Kwork will:
•initiate a review of the Complaint on its merits; and
•inform the Claimant and the Registered User by email that a review of the Complaint on its merits has commenced.
Stage 4: Review of Complaint on Merits
Kwork shall review the Complaint on its merits within 45 (forty-five) calendar days from the day on which we inform the Registered User and Claimant about the commencement of the review.
The Complaint will be reviewed on its merits regardless of whether Kwork received a Response to the Complaint from the Registered User. If a Response was received, Kwork will consider it when making a decision with respect to the Complaint.
Stage 5: Final Decision and Further Actions
A review of a Complaint on its merits may conclude in:
•refusal to satisfy the Claimant’s demands, or
•fulfillment of those demands in full or in part.
In either case, Kwork will inform the Claimant and the Registered User of its decision via email.
Should Kwork decide to fulfill the demands of the Claimant in full or in part, we may, at our sole discretion, decide to:
•temporarily suspend the Registered User’s access to Kwork Services, or
•terminate the Registered User’s Kwork account if we determine that through their actions, they flagrantly violated applicable laws and/or the Claimant’s rights and legal interests.
Any actions that are inconsistent with the Terms of Service or Kwork’s intended use are sufficient grounds for suspension of the Registered User’s access to Kwork Services. Kwork will carefully consider causes for suspension in the context of each Complaint.
Once the Registered User’s Kwork account is suspended or terminated, Kwork will inform the Claimant and Registered User of:
-the suspension or termination of the account;
-the account suspended or terminated;
-the date on which such suspension or termination occurred;
-the Complaint submission date, and
-the Complaint reference number.
The Registered User who has had their account suspended or terminated has the right to appeal the decision within 30 (thirty) calendar days from the moment action was taken against their account. To do so, the Registered User must send a statement of objection substantiating the legality of their actions.
Should the Claimant or Registered User disagree with the results of the review under this Policy, either party may transfer the dispute to a court, arbitration tribunal, or other body authorized to adjudicate such complaints and/or disputes. Furthermore, neither the Claimant nor the Registered User may involve Kwork in such proceedings, including as a co-defendant or third party.
If Kwork is provided a copy of a court decision to consider a complaint and/or grant an injunction, a statement from an investigating authority, or another document with respect to the Complaint and issued by a competent authority pursuant to its jurisdiction, then the Registered User’s access to Kwork Services and/or their Kwork account will remain restricted until the competent authority concludes its review of the Complaint in accordance with applicable legislation.
If the Complaint is reviewed by the competent authority pursuant to the Clause above, the Registered User’s access to Kwork Services will only be restored once the dispute is resolved. Such resolution must be verified by a legally binding and effective document (such as a final and binding court decision) issued by the competent authority.
ABUSE OF THE DISPUTE RESOLUTION PROCEDURE
Claimants may not abuse the dispute resolution procedure outlined in this Policy. More specifically, Claimants may not:
•repeatedly file Complaints against the same Registered User for the same alleged violation;
•repeatedly file Complaints that comply with the formal requirements of this Policy, but contain deliberately misleading information;
•falsify documents (including electronic documents) and information;
•use automatic mailing and/or bots to submit Complaints and/or communicate with Kwork.
In order to protect Registered Users from Claimants who abuse this Policy, Kwork reserves the right not to review Complaints filed by Claimants who abuse the dispute resolution procedure and who violate the terms of this Section of the Policy.
WAIVER OF LIABILITY
Kwork is not responsible for Registered Users’ wrongful or illegal actions and should not and may not be held liable merely for providing technical conditions, which may have been used by the Registered Users for the purposes of violating laws or legal rights or interests of Claimants. To the maximum extent permitted under applicable law, as well as in accordance with the "Disclaimer of Warranties” section of the Terms of Service, Kwork expressly waives any liability for any actions of the Registered Users performed by means and with the help of Kwork Services with respect to the Claimants or other third parties.
Except where prohibited by applicable law or provided otherwise herein, this Policy shall be governed by the laws of the Republic of Cyprus or Hong Kong SAR, depending on the jurisdiction of the Kwork.com’s managing company.
All the documents and emails relating to Complaints shall be kept by Kwork for 1 (One) calendar year from the moment of submission.
Kwork shall not disclose information on Complaints to third parties, except as required by applicable law, Kwork’s Terms of Service, and this Policy.
CHANGES TO DISPUTE RESOLUTION POLICY
To the fullest extent permitted under applicable law, Kwork reserves the right to modify, update, supplement, revise or otherwise change this Policy in order to comply with applicable new legislation and/or regulations and/or to improve Kwork Services, and to impose new or additional rules, policies, terms or conditions in relation to Kwork Services.
Kwork may notify you of changes to this Policy by contacting you at the email address registered in your Kwork account, or by posting a notice on Kwork.com. All changes to this Policy shall be effective immediately and incorporated into the Policy upon such notice. You are responsible for regularly reviewing this Policy. Your use of Kwork Services or any part thereof after changes to this Policy are made available for review will be considered your acceptance of those changes and will constitute your agreement to be legally bound thereby. If you object to any such changes, your sole recourse will be to delete your Kwork account and stop using Kwork Services.
If you have any comments or questions concerning this Dispute Resolution Policy, or if you would like to file a Complaint or Response thereto, please contact Kwork at:
Paperjet Technologies Ltd.
RemoteFirst Group Limited
For complaints: firstname.lastname@example.org