Term & Conditions

Agreement, The Clear Choice!

Last Updated:December, 2020.

Please read these Terms and Conditions carefully.

The Terms and Conditions (“Terms and Conditions”) outlined below, contains the terms that govern your access, use, rights and obligations in relation to listing your services as an Freelancer and/or viewing listed services as a client on www.surfnwork.com (the “Website”) operated by Surf N Work, in Rome, Italy (“Surf N Work,” “we,” “us,” or “our”).

These Terms and Conditions are the “Agreement” between Surf N Work, and you or the entity you represent (“you”, “Freelancer”, “Client”). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.

By accessing the Website, listing and/or viewing service listings, you agree to be bound by the terms and conditions of this Agreement.

1. Surf N Work is a Marketplace

a) Surf N Work acts as a freelance marketplace (“Marketplace”) to allow “Freelancers” who comply with Surf N Work’s policies to list and advertise their services (“Services”) to “Clients” visiting the Website.

b) Surf N Work is not directly involved in the interaction nor is it involved in the transaction between Freelancers and Clients. As a result, Surf N Work has no control over the quality, safety or legality of any aspect of the Services listed on the Website, the truth or accuracy of such listings, and the ability of the Freelancers to make available the Services. Surf N Work cannot guarantee that a Freelancer will actually complete any initiated transaction.

c) You agree that Surf N Work is a Marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted on the Website.

2. Account registration

a) Anyone can access Surf N Work. However, in order to list or shop for Services, one will need to register by signing up and creating a user account. For that purpose, you must be at least 18 years of age.

b)To create an account, please go to the Sign-Up page. During the registration process, you will be asked to confirm your acceptance of this Agreement.

c) You must make sure that all the information you provide when you register with Surf N Work is true, accurate and current and complete. If you change any of your registration details (e.g. email address, postal address), you must update your account.

d) Your account is for your personal use only. To help us maintain the security of Surf N Work, you must keep your login details confidential. Please do not share your login details with any other person or leave your device unattended whilst logged into Surf N Work as you will be held responsible for all activities that occur under your password or account (with or without your knowledge) as a result of doing so.

e) If you become aware of any misuse or unauthorized use of your login details, then you must inform us immediately by sending an email to us.

3. Freelancer Listing Terms

3.1 Listing Services

a) Once you have registered for a user account as a Freelancer, you can list your Services on the Website, using the functionality we provide. All listed Services shall be made available through a publicly accessible webpage on the Website.

b) Please note that we may at our absolute discretion refuse any type of Service Listing to any Freelancer, and we shall not be obliged to state our reasons for such refusal.

3.2 Listing Fees

a) The fee for the Listing Services shall be as set out on our Website and shall be based on a percentage of the fee paid by Clients when purchasing the Service(s).

b) All fees are exclusive of any applicable sales tax in any jurisdiction unless specified otherwise on our Website. Fees are also exclusive of all taxes, duties and levies of any kind (including withholding tax) which for the avoidance of doubt, you shall be liable to pay.

3.3 Listing Description

a) By listing your Services on the Website, you warrant that you and all aspects of the such Services comply with Surf N Work's terms and conditions.

b) You must accurately describe your Services and all terms of sale in the listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to that Service.

c) All Services must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the Services in that listing, and the full price of offering the Service.

4. Clients

4.1 Client Actions & Obligations

a) Once you have registered as a Client, you can view current promotions, Freelancer’s Services etc. on the Website.

b) As a Client, you agree to:

  • i) Once you have registered as a Client, you can view current promotions, Freelancer’s Services etc. on the Website
  • ii) Follow any Freelancer policies, rules and regulations with respect to purchasing any Service(s).

4.2 Disclaimer

a) The arrangements you make with Freelancers are solely private. Accordingly, when using Surf N Work, you take full responsibility for your arrangements with the Freelancers.

b) We do not verify the identity of anyone who becomes a Freelancer nor the information they provide about their listed Services. We cannot therefore give any guarantee that any of the Freelancers are who they say they are or that the

5. Termination Implications

We may terminate your user account, Listed Services and this Agreement without notice and without any liability to make any refund or other payment to you in the following circumstances:

i) You have breached these the terms of this Agreement in any way;

ii) You are in our opinion transmitting or otherwise connected with any ‘spam’ or any other form of unsolicited bulk email or communication;

iii) Your user account or Listed Services may in our reasonable opinion adversely affect our goodwill or reputation; or

iv) You or us cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure.

6. Consequences of termination

a) Upon termination of this Agreement, your right to use the registered user sections of our Website shall immediately cease. We have no obligation to maintain any of your posted content or any content within your Services listings.

b) Termination of this Agreement shall not affect any rights or liabilities that have accrued to us prior to such termination.

7. Listing Content

a) We may in our absolute discretion accept Listing Content including all text, information, images, audio or video material in whatever medium or form we choose to accept (collectively, “Content”) from you for publication on our Website on Listed Services.

b) If we accept Content from you for publication on our Website, you grant to us a non-exclusive license to distribute the Content on the Website and such other media as we shall decide, in return for crediting you for the Content.

c) The license granted under this condition permits us to:

  • i) Modify, electronically reproduce and distribute, and publicly display the Content on the Website (including packaging the Content with other Content from third parties); and
  • ii)Reproduce and distribute through any media now known, or hereafter developed, excerpts of the Content in advertisements for, and in marketing and promotional materials related to, the Website.

d) If you submit Content to our Website, you shall be responsible for the accuracy and completeness of the Content. We have no obligation to you, and undertake no responsibility, to review the Content to determine whether any such Content may result in any liability to any third party.

e) If we believe that any Content may create any liability for us or adversely affect the Website’s reputation or standing, we may remove the Content or such part of the Content as we believe, in our sole discretion, is prudent or necessary to minimize or eliminate our potential liability.

f) We do not undertake to distribute or display the Content on the Website or otherwise make use of it, nor do we undertake that the Website will be operational at all times.

8. Intellectual Property

a) We are the owner or the licensee of all intellectual property rights in our Website, and in all of the material published on it (except for the Content described in Section 11 above). The Website and such materials are protected by copyright laws and treaties around the world and we reserve all such rights.

b) You grant us a perpetual, worldwide, royalty free license to use all or any of your intellectual property rights in any materials, advertisements or content submitted or shown on our Website.

c) You shall, at all times during and after the term of this agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from any claim of infringement or alleged infringement (including the defense of such infringement or alleged infringement) of a third party’s intellectual property rights arising out of your use of our Website (including any advertising on our Website or Content you submit to our Website).

d) You agree and acknowledge that we retain full editorial control over all advertisements and listings submitted by you to our Website and that we will own all intellectual property rights in relation to such advertisements and listings (other than in relation to your branding and other intellectual property rights that are owned by you prior to you submitting such advertisements and listings).

e) We reserve the right to change the format, style and layout of our Website and any advertisement, listing or Content submitted by you as we see fit. You must not reproduce in any format (including on another website) any part of our Website (including content, designs, look and feel) without our prior written consent.

9. Representation and Warranties

a) You warrant that where you are an individual you are at least 18 years of age and where you are a company or other similar entity, that you are a bona fide legal entity duly formed in accordance with all applicable law and regulations and have full capacity and authority to enter into this Agreement.

b) You warrant that all information that you have provided us with or have submitted to our Website is true and accurate and not misleading in any way.

c) You warrant that in using our Website you will comply at all times with all applicable law and regulations and advertising codes of conduct.

d) You warrant that any website owned or controlled by you that is listed on our Website is free from illegal, defamatory or tortious content.

10. Limitation of liability

a) Other than liability for us causing death or personal injury to any person or for any fraudulent misrepresentation made by us, we exclude all liability for any loss or damage suffered by you resulting from your use of our Website (including all consequential loss or damage howsoever caused and whether this was in the reasonable contemplation of us or not).

b) In the event that we are found liable to you for any loss or damage, this liability shall be limited to the amount that you have paid for your current Listed Services.

c)You specifically agree and acknowledge that we are not liable to you for any loss or damage, for offence caused or for any threatening, defamatory, obscene, offensive or illegal content uploaded to our Website by a third party or for the infringement of any of your rights (including intellectual property rights) arising from the conduct of a third party.

d) We have not verified or performed any checks on registered users or other users of the Website who may contact you and we therefore disclaim all liability in relation to the actions of registered users, other users and any other third parties in relation to our Website. You should of course take all necessary precautions regarding your safety when corresponding with or meeting with registered users, other users or other third parties

11. Indemnity

You hereby agree to, at all times during and after the term of this Agreement, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal fees) incurred by, awarded against or agreed to be paid by us arising from your breach of any of these terms and conditions

12. Additional Provisions

12.1 Third Party Links

a) You acknowledge that Surf N Work may include links to third-party Websites. We do not review these third-party Websites nor have any control over them, and we are not responsible for the Websites or their content or availability.

b) We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them. If you decide to access any of these third-party Websites, you do so entirely at your own risk.

c) If you use any linked Websites, any personal information you give to them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their terms and conditions and privacy policy before you use their Websites and provide any personal information.

12.2 Third Party Links

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control, including (but not restricted to) fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute, or acts of local or central Government or other competent authorities.

12.3 Discrimination and Limitation of Liability

a) The Website and the Marketplace is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

b) To the extent permitted by law, Surf N Work will not be liable for any indirect or consequential loss or whatever damage (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

c) Surf N Work makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else, which may be harmful or destructive.

12.4 Copyright complaints

a) We respect the intellectual property rights of others, and we prohibit users of Surf N Work from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person’s intellectual property rights.

b) It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement or a counter-notice, please contact us.

c) Additionally, it is our policy to terminate usage rights and any applicable accounts of Freelancers we determine to be repeat infringers of others’ copyrights.

13. General complaints and requests for further information

a) We want to give you great customer service but sometimes things do go wrong. We can usually resolve most issues quickly, so please email us to tell us how we can help.

b) If you have any general complaints or wish to request further information about Surf N Work, please contact us and we will do our best to resolve these.

c) Any complaint made will be acknowledged within 48 hours. We deal with all promptly and fairly, seriously and will investigate the matter fully. If the complaint concerns an individual, the complaint will not be investigated by the person who the complaint relates to, and provide you with feedback as soon as reasonably possible

14. Force Majeure

Surf N Work shall not be liable to you for any breach of its obligations or termination under this Agreement arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes or government regulations.

15. Governing Law and Dispute Resolution

a) You agree that the laws and regulations of the State of New York govern this Agreement, its subject matter, and any claim or dispute that you may have against us.

b) You further agree that any disputes or claims that you may have against us will be resolved amicably and in good faith between you and Surf N Work, prior to resorting to Arbitration within the State of New York in accordance with the procedures and rules of the American Arbitration Association.

16. Changes

a) We may modify or change any part of this Agreement at any time, without prior notice. You can review the most current version of this Agreement by clicking on the “Terms and Conditions” hyperlink contained on the Website. You are responsible for checking his Agreement periodically for any changes.

b) If you continue to access the Website after we make any changes to this Agreement, you are signifying your acceptance of the new terms.

17. Severability

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision of this Agreement, and such invalid provision shall be deemed to be severed from this Agreement

18. Entire Agreement

This Agreement, together with other applicable policies available on the Website, constitutes the entire and exclusive understanding and agreement between you and us regarding its subject matter and supersedes any and all previous understandings and agreements, whether written or oral, regarding such subject matter.

19. Contacting Us

If you have any questions about the terms and conditions contained in this Agreement, please feel free to Contact Us.

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