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Terms of Service
Updated: 21 June 2010 pepperconn Groupware TERMS OF SERVICE I. GENERAL TERMS OF USE 1. Introduction pepperconn Pte. Ltd. ("Pepperconn") including subsidiaries and affiliates ("Pepperconn" or "pepperconn" or "our") provides you access to its social media content and talent management service at www.pepperconn.com ("Groupware"), which allows Enterprise Users to compensate Talents for creating, performing and/or distributing an original work of authorship and/or service and/or task on such work (each, a "Contribution"), subject to your acceptance of and compliance with these terms of service (the "Terms of Service" or the "Agreement"). If you do not agree to these Terms of Service, please do not use the Groupware. Each time you use the Groupware, the current version of the Terms of Service will apply. Accordingly, when you use the Groupware, you should check the date of the Terms of Service (which appears at the top of this document) and review any changes since the last version. The Terms of Service will be available at all times at www.pepperconn.com. In this Terms of Service, (i) "Enterprise User" means collectively any person or entity who participates as a user who registers to use the Groupware to manage content, project and Talents for the purpose of creating, publishing, managing, syndicating and measuring content on internet and social media programs, and (ii) "Talent" means collectively any person who participates in the Groupware and is appointed by Enterprise User(s) to provide Contribution(s) in the Groupware, and (iii) "Stakeholder" means any entity or person that has been given access to view and comment on a specified project that an Enterprise User has added the Stakeholder to. These Terms of Service shall apply to all transactions and by all users, collectively known as "Users", conducted through the Groupware. The term of the Agreement will commence on the date you register as a Talent or Enterprise User and will end when terminated by either party in accordance with the terms of the Agreement (the "Term"). 2. Additional Definitions 2.1 Key Performance Indicators, herein KPI- Job deliverables or a detailed list of Contributions that a Talent will need to produce or deliver within a specified period of time. 2.2 Job KPI Form - A form with a list of KPIs filled in by a Commissioning Enterprise User which details the Job deliverables and/or Contributions from a Talent that will be required to deliver or produce. This is a non-binding agreement until it has been mutually agreed upon by both the Commissioning Enterprise User and the Commissioned Talent. 2.3 Job KPI Agreement - a mutually accepted contract where the Commissioning Enterprise User officially assigns a Job to the Commissioned Talent for a Talent Fee or on Pro Bono, which the Commissioned Talent agrees to deliver or produce the Contributions as stated in the Job KPI Agreement within the specified Job Period. The Job KPI Agreement is binding, unless modified by the Commissioning Enterprise User and where changes have been mutually agreed upon by the Commissioned Talent, and the stated Talent Fees have been successfully transferred to the Escrow Account. 2.4 Commissioning Enterprise User - An Enterprise User who has assigned a Job to a Talent, upon which the Talent accepts the KPIs as stated in the Job KPI Form, and the Enterprise User has successfully transferred the Talent Fees to the Escrow Account. 2.5 Commissioned Talent - A Talent who has accepted the terms of the Job KPI Agreement and agrees to deliver or produce the Contributions within the Job Period as stated within. 2.6 Pro Bono - Jobs done for without a Talent Fee, where the Commissioned Talent agrees to deliver or produce the Contribution for non-financial gain, eg. for charity, exposure, additional peppergrade credits. 2.7 Jobs - An engagement of a Talent by a Commissioning Enterprise User to produce Contributions for a Talent Fee or on a Pro Bono basis. 2.8 Escrow Account - A holding account where the Talent Fees are held in trust, until completion of KPIs or Contributions as indicated in the Jobs KPI Agreement. The Escrow Account is managed byPepperconn. Talent Fees which are unpaid due to Job Termination or where the Job Period has expired with uncompleted KPIs or Contributions, will be refunded, provided no objections has been raised by the Commission Talent. Please go to Section : Arbitration and Mediation for details. 2.9 Escrow Funds - Talents Fees held in the Escrow Account. 2.10 Job Period - The period indicated in the Job KPI Agreement within which, the Contributions by the Commissioned Talent must be submitted, delivered or produced, and approved by the Commissioned Enterprise User. 2.11 Active Enterprise User Account - An Enterprise User Account with at least one (1) active paid project. All Inactive Projects are still visible or accessible but as View-only and no fresh data or content will be posted to the dashboard after the termination or expiry of a Project. User will still be able to contact talents or post new jobs through active project. 2.12 Inactive Enterprise User Accounts - Upon termination of account, the user has no active projects. All Inactive Projects will still be View-Only but will be deactivated 7 days after termination, after which all content and data will NOT be visible or accessible - ONLY My Account details will be visible and accessible when the user logins. The user will be able to re-activate any Inactive Project, unless the Account has become an Expired Account. All content, communications and data which were produced, transmitted or recorded during the period of an Active Project will be archived and available upon re-activation of that project. 2.13 Expired Enterprise User Account - All Inactive Accounts that remain non-activated (ie. No activated or new projects started) for a continual period of 24 months will become Expired Accounts. The user login and password will be revoked and not usable. All Contribution will be archived at the discretion of Pepperconn. Pepperconn reserves the right to NOT entertain any request to retrieve any Contribution created, stored or published on the Groupware. Any user whose Account has become an Expired Account will need to register for a new account to use the Groupware. 2.14 Project - A project account that an Enterprise User has created to create, manage, publish and measure content within a SINGLE specified group of Users. If the Enterprise User needs to have separate groups of Users for separate projects, a separate Project will need to be created. 2.15 Active Project - A project that has been paid and not terminated. For Active Projects, all features and action functions are active. 2.16 Inactive Project - A project that has NOT been paid or/and terminated. For Inactive Projects, all Contribution prior to date of termination are still visible, but all features, functions and fresh tracking / inputs of content or data have been deactivated. 2.17 Active Jobs - An Active Job is one where both Commissioning Enterprise User and Commissioned Talent have valid PayPal accounts, have mutually accepted the Job KPI Agreement and the Commissioning Enterprise User has successfully transferred the Talent Fee to the Escrow Account. 2.18 Incomplete Jobs - A Job is defined as one with uncompleted tasks or submissions due to the following reasons : 1) The Talent has not completed all tasks specified within the period as stated in the Job KPI Agreement. 2) The Enterprise User has not approved all tasks specified within the Job period as stated in the Job KPI Agreement. For above scenarios, the Enterprise User is able to edit and extend the deadline for the Incomplete Job, which will then become an Active Job again. However, the Enterprise User will not be able to edit tasks, submissions or fees. To do so, the Enterprise User will need to terminate the job and create a new job. For Incomplete Jobs, the Talent will retain all fees previously paid from submitted and approved tasks or submissions. The Talent and Enterprise User will be informed about Incomplete status of job, and will have 14 days to escalate any disputes to Pepperconn within that period. After which, Pepperconn will automatically terminate the job and refund the remaining unpaid talent fees to the Commissioning Enterprise User PayPal account. 2.19 Terminated Jobs - A Job where the Commissioning Enterprise User has terminated the job before completion for reasons, including but not limited to, 1) Desire to change the Commissioned Talent, 2) Enterprise User wants to amend the KPIs or tasks or submissions in the Job KPI Agreement. In a event of job termination, the Commissioned Talent will be informed of termination and will retain all fees previously paid from submitted and approved Contributions. All Parties will be informed about job termination. Pepperconn will refund the remaining unpaid talent fees to the User Pay Pal account after 14 days. During this period, the Commissioned talent will still be able to escalate any disputes to Pepperconn. 2.20 Completed Jobs - A job where all KPIs have been fulfilled by the Commissioned Talent AND approved by Commissioning Enterprise User within the Job Period as indicated in the Jobs KPI Agreement. 3. Information on the Groupware Whilst every effort is made to update the information contained on this Groupware, neither Pepperconn nor any third party or data or content provider will make any representations or warranties, whether expressed, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the Groupware (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the Groupware. Pepperconn reserves the right at any time to change or discontinue without notice, any aspect or feature of this Groupware. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this Groupware at your own risk. If you find an error or omission at this site, please contact us. 4. Trade Marks The trade marks, names, logos and service marks (collectively "Trade marks") displayed on this Groupware are registered and unregistered trade marks of Pepperconn. Nothing contained on this Groupware should be construed as granting any licence or right to use any trade mark without the prior written permission of Pepperconn. 5. External Links External links may be provided for your convenience, but they are beyond the control of Pepperconn and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this Groupware without the express prior written permission of Pepperconn. 6. Public Forums and User Submissions Pepperconn is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Pepperconn. Pepperconn reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to - 6.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties; 6.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information; 6.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Pepperconn's and/or a third party's computer system and/or network; 6.4 violate any copyright, trade mark, other applicable Singapore or international laws or intellectual property rights of the Pepperconn or any other third party; 6.5 submit contents containing marketing or promotional material which is intended to solicit business other than those approved by Pepperconn 7. Groupware Service 7.1 Pepperconn makes no representation and give no warranty as to the accuracy or quality of information received by any person via the Groupware and Pepperconn shall have no liability for any loss or damage to any data stored on the Groupware. 7.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Groupware. 7.3 You represent, undertake and warrant to us that you will use the Groupware allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to Pepperconn thatyou will not use the Groupware in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so. 7.4 You will not post, link to or transmit: 1) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way, 2) any material containing a virus or other hostile computer program, 3) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. 7.5 You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email. 7.6 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory. 7.7 Pepperconn reserves the right to remove any material which Pepperconn deems inappropriate from your Groupware account without notice. 7.8 You shall keep secure any identification, password and other confidential information relating to your account and shall notify Pepperconn immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information. 7.9 You shall observe the procedures which Pepperconn may from time to time prescribe and shall make no use of the Groupware which is detrimental to Pepperconn's other customers. 7.10 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner. 7.11 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Groupware will not be used by anyone under the age of 18 years. 7.12 Any access to other networks connected to Pepperconn must comply with the rules appropriate for those other networks. 7.13 While Pepperconn will use every reasonable endeavour to ensure the integrity and security of the Groupware, Pepperconn does not guarantee that the Groupware will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email. 7.14 You must not do, or attempt to do, any of the following, as reasonably determined by Pepperconn, subject to applicable law: 1) access or use the Groupware in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful, or in violation of these Terms; 2) access, tamper with, "hack", or use services or areas of the Groupware that you are not authorized to access; 3) use any robot, spider, scraper or other automated means or interface not provided by Pepperconn to access the Groupware or extract data or gather or use information available from the Groupware; 4) frame any part of the Groupware or otherwise make it look like you have a relationship to Pepperconn or that Pepperconn has endorsed you or your Contribution for any purpose except as expressly permitted in writing by us; 5) impersonate or misrepresent your affiliation with any person or entity; 6) reverse engineer any licensed software, application or any other aspect of the Groupware or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Groupware; 7) send to or otherwise impact us or the Groupware (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Groupware or any recipient; or 8) take any action which might impose a significant burden (as determined by Pepperconn) on the Groupware's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Groupware. 9) use, appropriate, borrow, steal, contribute, or the like, any Groupware Content (including, without limitation, any titles, assignments, or projects), or any derivations of Groupware Content,or on any other website or service. 8. Service Availability 8.1 In an event of a service interruption or down-time of the Pepperconn Groupware, we shall use our reasonable endeavours to rectify the problem and make the service available to you. Pepperconn will make available a customer service contact to escalate technical issues during office hours (9.30am - 6.30pm), Singapore time. For critical issues, we shall endeavour to rectify in six (6) working hours; for non-critical issues, two (2) working days turnaround. 9. Termination 9.1 If you fail to pay any sums due to us as they fall due, Pepperconn may suspend the Groupware and/or terminate this Agreement forthwith without notice to you. 9.2 If you break any of these terms and conditions Pepperconn may suspend the Groupware and/or terminate this Agreement forthwith without notice to you. 9.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, Pepperconn shall be entitled to suspend the Groupware and/or terminate this Agreement forthwith without notice to you. 9.4 No refunds will be made for Groupware suspended in accordance with 9.1, 9.2 and 9.3. 9.5 Pepperconn reserve the right to suspend the Groupware and/or terminate this Agreement at any time. 9.6 On termination of this Agreement or suspension of the Groupware Pepperconn shall be entitled immediately to block your Account and Project and to remove all data located on it. 10. Third-party Content 10.1 Directory of Enterprise Users and Talents. The Service contains a directory of Enterprise Users and Talents. The directory is populated with information from third-party sources, from Enterprise Users and Talents themselves, and from other Users. Pepperconn provides this directory as a convenience and does not confirm or verify the information contained in it. Pepperconn neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Groupware by anyone other than authorized Pepperconn employees acting in their official capacities. 10.2 Links. This Groupware may contain links to other Web sites or resources and access and use of certain services offered by third parties, including online communication services such as chat, email and calls and your access and use of those Web sites, resources or services, including the online communication services, will be governed by the terms and policies of the Web site or resource or Provider. In particular, your use of chat services is governed by the User Terms of Service. These services are owned and operated by the third-party providers and their licensors. You acknowledge and agree that Pepperconn is not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such Sites or resources. The inclusion of any link on the Groupware does not imply that we endorse the linked site. You use the links and these services at your own risk. 11. Warranties Pepperconn makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Groupware, the information contained on the Groupware, you or your company's personal information or material and information transmitted over our system. 12. Indemnity You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Groupware by us to you and your use of the Groupware including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement. 13. Use of the Groupware Pepperconn does not make any warranty or representation that information on the Groupware is appropriate for use in any jurisdiction (other than Singapore ). By accessing the Groupware, you warrant and represent to Pepperconn that you are legally entitled to do so and to make use of information made available via the Groupware. 14. General 14.1 Entire Agreement These Groupware terms and conditions constitute the sole record of the agreement between you and Pepperconn in relation to your use of the Groupware. Neither you nor Pepperconn shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Groupware terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Pepperconn in respect of your use of the Groupware. 14.2 Alteration Pepperconn may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the Groupware from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the Groupware. 14.3 Conflict Where any conflict or contradiction appears between the provisions of these Groupware terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Groupware shall prevail in respect of your use of the relevant section or module of the Groupware. 14.4 Waiver No indulgence or extension of time which either you or Pepperconn may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights. 14.5 Cession Pepperconn shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party. 14.6 Severability All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. 14.7 Applicable laws Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Singapore without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Singapore in respect of any disputes arising in connection with the Groupware, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith. 14.8 Comments or Questions If you have any questions, comments or concerns arising from the Groupware, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which Pepperconn is handling your personal information please contact us. II. ENTERPRISE USER SPECIFIC TERMS This Section II applies in general to Enterprise Users participating in the Groupware. 1. Profile Information The Enterprise User agree to supply accurate and true information in the registration information and information related to The Enterprise User as displayed on your Pepperconn Groupware profile is accurate and truthful. If the Enterprise User is found to be impersonating another individual other than him or herself, the account will be terminated or suspended. 2. Payments Enterprise User agrees to pay Pepperconn all charges to Enterprise User's account for the Groupware in accordance with these Terms of Service. If Pepperconn does not receive timely payment or if Enterprise User exceeds prepayment hereunder: 1) Enterprise User will incur a debit balance for the value of any unpaid charges incurred under your account; 2) Enterprise User agrees to pay all amounts due on your account upon demand, and 3) Pepperconn reserves the right to either suspend or terminate an Enterprise User's account with Groupware, including deletion of your Jobs from the Groupware. Enterprise User agrees to submit any disputes regarding any charge to your account in writing to Pepperconn Groupware within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. If Enterprise User fails to make payment as set forth herein, Enterprise User will be responsible for all reasonable expenses (including attorneys' fees) incurred by Pepperconn in collecting such amounts. All prices are in Singapore dollars and do not include taxes that may be assessed by any jurisdiction. Enterprise User agrees to promptly 1) update all information to keep your account and PayPal Account billing current, complete and accurate (such as a change in billing address or e-mail), 2) notify Pepperconn Groupware in writing if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password, and 3) notify Pepperconn Groupware in writing if your PayPal Account is cancelled. Upon termination, suspension or discontinuation of the Service or Enterprise User's participation therein, all outstanding payment obligations incurred by Enterprise User under the Service will become immediately due and payable. 3. Billing 3.1 Price for the use of the Groupware is SGD $488 monthly per project or an annual discounted rate of SGD $4,880 annually per project. The Enterprise User may opt for a fifteen (15) day trial free of charge, but is limited to only one (1) project per user account. Any additional projects created within the user account during the 15-day free trial period is chargeable as described above. 3.2 Each billing period is 1 calendar month 3.3 If the date of purchase is before or on the 15th of that month, the Enterprise User will be billed pro-rated for that month in his or her first bill. 3.4 If the date of purchase is after the 15th of that month, the Enterprise User will be billed the total license fee that consist of: 1) pro-rated fee for that month and 2) fee for the next month. 3.5 Payment from the Enterprise User is required on the date of purchase and on the 1st of every month. 3.6 Monthly Billing Cycle. An invoice for the following month's project fee will be sent to the Enterprise User on the 20th day of each billing month. 4. Termination of Projects or Project Accounts 4.1 Upon notice of termination, the project will be terminated with immediate effect. However, the Enterprise User is only able to do so if there are NO active or incomplete jobs within that project. Further action is required from the Enterprise User on those jobs or to wait for the jobs to complete before project termination. 4.2 Enterprise User will be able to terminate projects at 'My Account' 4.3 The Enterprise User will receive refund of license fee prorated of the remaining days in his or her monthly billing cycle. However, PepperConn will return the refund to the Enterprise User's Pay Pal account only 7 days after termination. This is to allow any disputes that may arise from job terminations just prior to project termination. 4.4 The Enterprise User may have more than 1 project in his or her account. Upon termination of project : 1) If the Enterprise User has at least 1 other active (paying) project, the account is still considered an Active Account. 2) If the Enterprise User has no more active (paying) projects, the account is considered an Inactive Account. 5. Late Payments or Non-payments 5.1 When payment for an active project has not been made on the 2nd day of the month, a daily reminder for payment will be sent to the Enterprise User for 6 days. NO change to the Enterprise User's access, features, functions or tracking during this period. On the 5th day, the reminder will contain a warning of 3 days to make payment. On the 8th day, the project becomes an Inactive Project. 5.2 Both Enterprise User and Talents will be informed on the 8th day about status of being an Inactive Project. However, Talents with Active Jobs will only receive information that the Project is currently "On Hold" and to contact the Enterprise User for further information. 5.3 If the Account has other Active Projects where payment has been made, those projects remain unaffected, so long as payment will continue to be made or termination has been requested. 5.4 The Enterprise User will be able to activate an Inactive Project into an Active Project by making payment at any time before the Account becomes an Expired Account. 6. Refunds Refunds can be executed as per clause 4.3 7. Talent Fee Payment 7.1 Upon approval of Contribution by Talent, Pepperconn will transfer the indicated Talent Fee per Contribution as per Job KPI Agreement. 7.2 Both the Talent and Enterprise User will be informed of payment transfer when successful. 8. Talent Appraisal 8.1 It is mandatory for the Enterprise User to rate each submission or task prior to approval. 8.2 At the end of the job, the Enterprise User will be asked for comments on the overall job performance of the talent, however this is optional. 8.3 At the end of the job, the Talent will receive a total average from all tasks or submissions that has been approved. This average will be added on to the Talent's current performance grade average - reflected on his or her peppergrade. 8.4 The total no. of submissions from the job will also be added on to the Talent's profile or peppergrade. 8.5 Each Talent portfolio will feature a track record of previous jobs. Each job record will indicate: 1) total average performance grade; 2) the total no. of submissions; 3) the period of the job; 4) the Enterprise User who appointed the Talent; 5) the Contribution which was approved by the Enterprise User for that job and the grade which that Contribution was appraised by the Enterprise User. 9. PayPal Charges 9.1 Enterprise User authorizes Pepperconn to charge Enterprise User's PayPal Account (as provided by you) for all charges to your account. Enterprise User's non-termination or continued use of the Groupware reaffirms that Pepperconn is authorized to charge Enterprise User's PayPal Account. Pepperconn may submit those charges for payment and you will be responsible for such charges. Pepperconn reserves the right to modify, suspend or terminate the required method of payment for use of the Service at any time, although any pending Jobs will be completed using the current method when you listed the Jobs Market. If Pepperconn modifies the terms of the method of payment, the modifications will be reflected in an updated version of the Agreement posted on the Groupware Website. If you do not consent to such modified terms, you must immediately discontinue use of the Groupware. Enterprise User's continued enrolment after any modifications constitutes your acceptance of the terms of the method of payment as modified. Enterprise User determines the amount for charges to your account for each Job subject to the provisions below. When you have assigned a job to a Talent and upon Talent's acceptance of the Job KPI Form, Enterprise User pre-authorizes Pepperconn to charge your PayPal Account up to the Talent Fee stated in the Job KPI Form. Pepperconn will send the Enterprise User a notification to the e-mail address associated with your account after each pre-authorized transaction to notify you that your PayPal Account charged. Such charges should appear on the periodic statement sent to you by the provider of your PayPal Account. You understand that all of your Jobs may be taken offline if your PayPal Account does not allow additional charges or rejects any charges made to it by Pepperconn. 9.2 Service Fee and Payment Processing Fee. When the Commissioning Enterprise User pays a Talent or releases Escrow funds to a Talent through the Groupware, Pepperconn deducts the following amounts: (1) the "Talent Commission Fee" that Pepperconn earns for creating, hosting, maintaining, and providing the Groupware, and for all services delivered by Pepperconn that are accessible through the Groupware, and (2) the "Payment Transaction Fee" or "PayPal Transaction Fee" to cover expenses and fees Pepperconn incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, Pepperconn transfers the remaining payment amount to the Talent. The Talent Commission Fee is 5 - 10%, however, for the first year of the Groupware service, the Commission Fee is waived (0%). PayPal Transaction Fee is calculated as such: Transaction Fee for transfer of Talent Fee to Escrow Account (3.4% + S$0.50) + Transaction Fee for Transfer of Talent Fee from Escrow Account to Talent upon approval of each Contribution as indicated in the Job KPI Agreement (2%, up to a maximum of S$1.60). 10. Approval of Talent's Jobs and Appraisals 10.1 Commissioning Enterprise User is required to review Talent's Job(s) or Contribution(s) for compliance with the criteria set forth in the Jobs KPI Forms within a reasonable time period. The Commissioning Enterprise User agrees not to unreasonably withhold approval(s) or rejections(s) that may delay subsequent Contributions to be submitted or produced by the Talent, or cause the expiry of the Job Period to avoid payment to Talents. 10.2 Enterprise User agree that so long as a Talent has met the requirements as outlined in your Job KPI Form you will not deny approval and payment. Enterprise User may not discriminate based on racial, physical, political, spiritual, age, gender or sexual orientation characteristics of the Talent. Payment will be made to the Talent unless the Talent has violated the terms of this Agreement or the specific terms of your Job KPI Form as stated in writing. 10.3 The Commissioning Enterprise User shall always leave objective feedback and/or appraisal about the Talent and the Contribution submitted for approval. The Commissioning Enterprise User acknowledges and agrees that the Groupware will feature or display the appraisal or feedback written by the Commissioning Enterprise User about the Talent's performance. The Commissioning Enterprise User agrees to be fair and that all appraisal and comments are based on merit and unbiased. 10.4 The Talent acknowledges that Pepperconn may calculate an average rating based on these individual ratings. Talents agree to be rated by Enterprise Users as determined by Pepperconn. Pepperconn provides its feedback and rating system as a means through which Users can express their opinions publicly, and Pepperconn does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to Pepperconn's attention. You may be held legally responsible for damages suffered by other Pepperconn Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. Under federal law, Pepperconn is not legally responsible for any feedback or comments posted or made available on this Groupware by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support, and agree not to take any actions that undermine the integrity of the rating and feedback system. 11. Copyrights to Contributions submitted by Commissioned Talents 11.1 Contributions which are original and solely created by the Commissioned Talents, the Commissioning Enterprise User as the commissioning party in the Job KPI Agreement, is deemed as the sole owner of all rights whether now known or hereafter devised (including all copyrights and all extensions and renewals of copyrights) in and to the Contribution, with the right to make all uses of the Contribution throughout the world and all changes in each Contribution. Without further obligation to the Commissioned Talent, the Commissioning Enterprise User may use, reproduce, edit, change, add to, take from, translate, reformat, or reprocess the Contribution in any manner. The Commissioned Talent, hereby gives the Commissioning Enterprise User a royalty-free, perpetual, nonexclusive, worldwide license to use and display the Contributions that the Commissioning Talent has provided to The Commissioning Enterprise User in any and all media. 11.2 Upon request by Pepperconn and the Commissioning Enterprise User, Commissioned Talent will promptly provide us with such documents and agreements as Pepperconn may require to further evidence and confirm Commissioned Talent's representations, warranties, and covenants under this Agreement, including material and location releases and Jobs. 11.3 Code of ethics. The Commissioning Enterprise User agrees to be fair and non-predatory in negotiations with Talents on Talent Fees. In the case where the Talent request for limitation to rights and media to the Enterprise User for the Contribution, the Enterprise User agrees to draft a separate agreement to state the content license or copyright agreement between both parties, and NOT resort to this clause as a means to reverse or unfairly demand that the Commissioned Talent complies with this clause. In such cases, this clause is then voided and superseded by an external copyright agreement between both parties. 12. Pepperconn Not a Party to Jobs Pepperconn is not a party to the dealing, contracting and fulfilment of a Job between an Enterprise User and a Provider. Pepperconn has no control over and does not guarantee the quality, safety or legality of Talent's profile, the truth or accuracy of Job listings, the qualifications, background, or abilities of Users, the ability of Talents to deliver contribution(s), the ability of Enterprise Users to pay for Jobs, or that a Enterprise User will actually complete a Job. Pepperconn is not required to and does not verify any information given to us by Talents, nor does Pepperconn perform background checks on Talents However, Pepperconn may screen and verify the talent's capability to provide Social Media Consultancy as indicated in their Talent profile. Such information is provided solely for the convenience of Enterprise Users and is not an endorsement or recommendation by Pepperconn. All rights and obligations for the purchase and sale of content or task(s) are solely between Enterprise User and Talent. Enterprise User and Talent must look solely to the other for enforcement and performance of all the rights and obligations arising from Jobs and any other terms, conditions, representations, or warranties associated with such dealings. 13. Limitation of Liability 13.1 All conditions, terms, representations and warranties relating to the Groupware 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. 13.2 Pepperconn's 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 Groupware shall be limited to the charges paid by you in respect of the Groupware which are the subject of any such claim. 13.3 In any event no claim shall be brought unless you have notified us of the claim within three (3) months of it arising. 13.4 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever. III. TALENT SPECIFIC TERMS This Section III applies in general to Talents participating in the Groupware. 1. Profile Information The Talent's application and all materials in support of the application to register in the Groupware must be completed, accurate and truthful. All information related to Talent as displayed on the Pepperconn Groupware profile is accurate and truthful. If the Talent are found to impersonating another individual other than him or herself, the account will be terminated or suspended. 2. Commissioned Talent Contributions For all Jobs, the Commissioned Talent will only create either an original work of authorship or perform a service or task on such Jobs. All Contributions must meet the quality standards of that of peers in the Commissioned Talent's indicated level of professionalism in the Talent Profile. The Commissioned Talent will perform the Job in a professional manner in accordance with the level of care customarily observed by skilled professionals rendering similar services. Commissioned Talent must deliver each Contribution to the Commissioning Enterprise User in accordance with the Job KPI Form details that Commissioned Talent have accepted. The Groupware will notify Commissioned Talent if the Commissioning Enterprise User has accepted/approved or rejected each Contribution. If rejected, Commissioned Talent will be provided an opportunity to modify the Contribution and resubmit it for approval provided it is within the Job Period, as indicated in the Jobs KPI Agreement. If Commissioned Talent believes he or she have made a good faith effort to satisfy a Job, but the Commissioning Enterprise User has refused to approve despite reasonable and multiple attempts to remedy the Contribution, Commissioned Talent may choose to escalate the issue to Pepperconn for mediation as per Section - Arbitration and Mediation. The Commissioning Enterprise User has no obligation to pay Commissioned Talent for unapproved Contributions or un-submitted Contributions after the expiry of the Job Period. If the Commissioning Enterprise User rejects a Contribution, all of Commissioned Talent's original rights (if any) in the Contribution created by the Commissioned Talent will be held by the Commissioned Talent. 3. Talent Fee Payment Following acceptance or approval of a Contribution by the Commissioning Enterprise User, Pepperconn will pay Commissioned Talent, directly through Commissioned Talent's PayPal account pursuant to the information provided in the Job KPI Agreement and PayPal Account details as provided by the Commissioned Talent. Generally, the payment is almost immediate, however, due to contingencies or potential server and PayPal service downtimes, please allow for at least 3 working days for the payment to be made. After which, Commissioned Talent may contact customer service for assistance. Pepperconn reserve the right to require Commissioned Talent to submit an invoice to us before payment will be issued. 4. Verification of PayPal Account details for payment Pepperconn will on a best effort basis, implement repeated verification processes to ensure that payment is made to the right PayPal Account Email Address of the Commissioned Talent. As Pepperconn is unable to verify with PayPal that the PayPal Account Email Address is that of the Commissioned Talent, Commissioned Talent will be responsible to ensure that the information provided is accurate. Pepperconn is not liable nor obligated to retrieve Talent Fees wrongly transferred due to the fault of the Commissioned Talent or due to inaccurate information provided by the Commissioned Talent. 5. Commissioned Talent's Grant of Rights 5.1 Each of the Commissioned Talent's Contributions will be original and solely created by Commissioned Talent, with the Commissioning Enterprise User as the commissioning party in the Job KPI Agreement, being deemed the owner of all rights whether now known or hereafter devised (including all copyrights and all extensions and renewals of copyrights) in and to the Contribution, with the right to make all uses of the Contribution throughout the world and all changes in each Contribution. Without further obligation to Commissioned Talent, the Commissioning Enterprise User may use, reproduce, edit, change, add to, take from, translate, reformat, or reprocess the Contribution in any manner. Commissioned Talent hereby give the Commissioning Enterprise User a royalty-free, perpetual, nonexclusive, worldwide license to use and display Commissioned Talent's Contributions that Commissioned Talent has provided to The Commissioning Enterprise User in any and all media. To further clarify, if the Commissioning Enterprise User rejects a Contribution, all of Commissioned Talent's original rights (if any) in the Contribution created by the Commissioned Talent will, be held by the Commissioned Talent. 5.2 Upon request by Pepperconn and the Commissioning Enterprise User, Commissioned Talent will promptly provide us with such documents and agreements as Pepperconn may require to further evidence and confirm Commissioned Talent's representations, warranties, and covenants under this Agreement, including material and location releases and Jobs. 5.3 Code of ethics. The Commissioning Enterprise User agrees to be fair and non-predatory in negotiations with Talents on Talent Fees. In the case where the Talent request for limitation to rights and media to the Enterprise User for the Contribution, the Enterprise User agrees to draft a separate agreement to state the content license or copyright agreement between both parties, and NOT resort to this clause as a means to reverse or unfairly demand that the Commissioned Talent complies with this clause. In such cases, this clause is then voided and superseded by an external copyright agreement between both parties. 6. Competitive or Conflicting Jobs Talent agrees, during the Job Period, not to enter into a contract or accept a Job where the Commissioning Enterprise Users are in direct competition within the same industry. Talent further agrees not to disclose to, deliver to, or induce Commissioning Enterprise User to use any confidential information that belongs to anyone other than Commissioning Enterprise User or Talent. 7. Confidentiality Talent agrees that during the term of the Agreement and thereafter, except as expressly authorized in writing by Commissioning Enterprise User, Talent; 1) will not use or permit the use of Confidential Information (as defined below) in any manner or for any purpose not expressly set forth in the Agreement; 2) will not disclose, lecture upon, publish, or permit others to disclose, lecture upon, or publish any Confidential Information to any third party without first obtaining Commissioning Enterprise User's express written consent on a case-by-case basis; 3) will limit access to Confidential Information to Talent personnel who need to know such information in connection with their work for Commissioning Enterprise User; and 4) will not remove any tangible embodiment of any Confidential Information from Commissioning Enterprise User's premises without Commissioning Enterprise User's prior written consent. "Confidential Information" means all information related to Commissioning Enterprise User's business and its actual or anticipated research and development or related to a Contribution delivered or agreed to be delivered from Talent to Commissioning Enterprise User, including without limitation ; 1) trade secrets, inventions, ideas, processes, computer source and object code, formulae, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs, and techniques; 2) information regarding products or plans for research and development, marketing and business plans, budgets, financial statements, contracts, prices, suppliers, and customers; 3) information regarding the skills and compensation of Commissioning Enterprise User's employees, contractors, and any other service providers; 4) information designated by Commissioning Enterprise User, either in writing or orally, as Confidential Information, 5) the existence of any business discussions, negotiations, or agreements between Commissioning Enterprise User and any third party; and 6) all such information related to any third party that is disclosed to Commissioning Enterprise User or to Talent during the course of Commissioning Enterprise User's business ("Third Party Information"). Notwithstanding the foregoing, it is understood that Talent is free to use information that is generally known in the trade or industry, information that is not gained as a result of a breach of the Agreement, and Talent's own skill, knowledge, know-how, and experience. Confidential Information shall not include information that was known to Talent prior to Commissioning Enterprise User's disclosure hereunder or that becomes publicly available through no fault of Talent. 8. Talent Representations and Warranties Talent hereby represents and warrants that; 1) the Contribution will be an original work of Talent and any third parties will have executed assignment agreement(s) consistent with this Agreement prior to being allowed to participate in the development of the Contribution; 2) the Contribution will fully conform to the requirements and terms set forth on the Service and in the Agreement; 3) neither the Contribution nor any element thereof will infringe or misappropriate the Intellectual Property Rights of any third party; (d) neither the Job nor any element thereof will be subject to any restrictions or to any mortgages, liens, pledges, security interests, or encumbrances; 4) Talent will not grant, directly or indirectly, any rights or interest whatsoever in the Contribution to third parties; 5)Talent has full right and power to enter into and perform the Agreement without the consent of any third party; and 6) Talent will comply with all laws and regulations applicable to Talent's obligations under the Agreement. 9. Indemnification Talent will defend, indemnify, and hold harmless the Commissioning Enterprise User and/or any commercial entities and/or clients represented by the Commissioning Enterprise Userand/or any project Stakeholders against any damage, cost, loss or expense arising from a claim, suit or proceeding brought against Commissioning Enterprise User and/or any commercial entities and/or clients represented by the Commissioning Enterprise Userand/or any project Stakeholders 1) alleging that any Contribution that Talent delivers pursuant to the Agreement or the Job infringes upon any intellectual property rights, 2) alleging that any Contribution that Talent delivers pursuant to the Agreement or the Contribution misappropriates any trade secrets, of any third party, or 3) arising from Talent's breach of the terms of this Agreement. 10. Job Fulfilment Guidelines You agree to the following Job fulfilment guidelines: 10.1 Once you have been hired for a Job, log onto the Groupware to manage the Job and use the tools and features within the Groupware to maintain an electronic record of all written communication between you and the Commissioning Enterprise User. 10.2 Use the Workspace to create, edit and submit your contribution(s) acceptance of deliverables and completion of milestones. 10.3 Use the Workspace to create, edit and submit your contribution(s) acceptance of deliverables and completion of milestones. 10.4 If there is a dispute, the data that you enter on the Groupware and the Contributions of the Workspace will constitute the sole and exclusive record of facts and evidence for resolution of the dispute. 10.5 Inform the Commissioning Enterprise User if a committed deliverable will be missed, offering an explanation and proposing a revised date. 10.6 If you are unable to complete the Job, alert the Commissioning Enterprise User with a reasonable amount of lead time. 11. Audit Provisions and Record Keeping For a period of one year after accepting each Job, you agree to keep and maintain complete and accurate records related to the Talent Services that you perform for your Commissioning Enterprise User, including the service description, the proposal and payment terms, and information on all repeat or follow-on Talent Services performed for each Commissioning Enterprise User originated on Pepperconn. If questions arise regarding services rendered, work performed or fees due to Pepperconn, you agree to provide copies of these records and other relevant documentation to Pepperconn within twenty (20) days of Pepperconn's request. 12. Third-Party Beneficiary of Agreement 12.1 Commissioning Enterprise User and Talent each acknowledges and agrees that the value, reputation, and goodwill of the Groupware depend on their performance of their covenants and agreements as set forth in their Agreement. 12.2 Commissioning Enterprise User and Talent therefore appoint Pepperconn a third-party beneficiary of their Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, Pepperconn by this Agreement. Commissioning Enterprise User and Talent further agree that Pepperconn has the right to take such actions with respect to the Agreement or their Accounts, including without limitation suspension, termination, or legal actions, as Pepperconn in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Service. 13. Pepperconn Service Fee and Payment Processing Fee When Commissioning Enterprise User pays a Talent or releases Escrow funds to a Talent through the Groupware, Pepperconn deducts the following amounts: (1) the "Talent Commission Fee" that Pepperconn earns for creating, hosting, maintaining, and providing the Groupware, and for all services delivered by Pepperconn that are accessible through the Groupware, and (2) the "Payment Transaction Fee" or "PayPal Transaction Fee" to cover expenses and fees Pepperconn incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, Pepperconn transfers the remaining payment amount to the Talent. The Talent Commission Fee is 5 - 10%, however, for the first year of the Groupware service, the Commission Fee is waived (0%). PayPal Transaction Fee is calculated as such : Transaction Fee for transfer of Talent Fee to Escrow Account (3.4% + S$0.50) + Transaction Fee for Transfer of Talent Fee from Escrow Account to Talent upon approval of each Contribution as indicated in the Job KPI Agreement (2%, up to a maximum of S$1.60). 14. Approval of Talent's Jobs and Appraisals 14.1 Commissioning Enterprise User is required to review Talent's Job(s) or Contribution(s) for compliance with the criteria set forth in the Jobs KPI Forms within a reasonable time period. The Commissioning Enterprise User agrees not to unreasonably withhold approval(s) or rejections(s) that may delay subsequent Contributions to be submitted or produced by the Talent, or cause the expiry of the Job Period to avoid payment to Talents. 14.2 The Commissioning Enterprise User shall always leave objective balanced feedback and/or appraisal about the Talent and the Contribution submitted for approval. The Commissioning Enterprise User acknowledges and agrees that the Groupware will feature or display the appraisal or feedback written by the Commissioning Enterprise User about the Talent's performance. The Commissioning Enterprise User agrees to be fair and that all appraisal and comments are based on merit and unbiased. 14.3 The Talent acknowledges that Pepperconn may calculate an average rating based on these individual ratings. Talents agree to be rated by Enterprise Users as determined by Pepperconn. Pepperconn provides its feedback and rating system as a means through which Users can express their opinions publicly, and Pepperconn does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to Pepperconn's attention. You may be held legally responsible for damages suffered by other Pepperconn Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. Under federal law, Pepperconn is not legally responsible for any feedback or comments posted or made available on this Groupware by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support, and agree not to take any actions that undermine the integrity of the rating and feedback system. IV. RESOLUTION OF DISPUTES BETWEEN TALENTS AND ENTEPRISE USERS 1. Introduction If a dispute arises between Talents and Enterprise Users, our goal is to resolve such dispute quickly and cost-effectively. Accordingly, Talents and Enterprise Users agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Pepperconn Services (a "Claim") in accordance with this section entitled "Resolution of Disputes Between Talents and Enterprise Users." Before resorting to these alternatives, Talents and Enterprise Users agree to first contact Pepperconn directly to seek dispute assistance here. Pepperconn has in place a three (3) tier arbitration process for all Users seeking to resolve their disputes. 2. Pepperconn Arbitration Options 2.1 Level 1: The senior management team at Pepperconn will thoroughly assess the communications, Contributions, KPI Form Agreements and all related materials. From the information as well, as hearing the case from both parties and submitting the Contribution for independent feedback, Pepperconn management team will arbitrate and judge which of the parties is in breach or guilty of misconduct or mismanagement. Based on the investigation, the Pepperconn management team reserves the right to penalize the offending parties with warnings. Repeated warnings could result in account termination or suspension of accounts. During this period, Pepperconn reserves the right to retain all remaining Talent Fees in the Escrow Account until resolution of the dispute. 2.2 Level 2: Arbitration through peer jury conducted every three (3) months. Cases which were not successfully arbitrated or mediated in Level 1 will be presented to a panel of independent assessors, of which the panel will be an equal number of professionals who represent the social media talent and business industry. The panel will hear the cases and arbitrate accordingly. 2.3 Level 3: Professional arbitration centres or small claims tribunal. 2.4 This Agreement shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the international Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force which rules are deemed to be incorporated by reference into this clause. The law of the arbitration shall be the International Arbitration Act (Cap 143A). The language of the arbitration shall be English. The award shall be final and binding on both Parties. 2.5 Parties shall keep confidential all information relating to the arbitration, including without limitation, the existence of arbitration proceedings (or the possibility thereof), the proceedings themselves, all statements given or made during the course of the proceedings, all documents and other information submitted by parties in connection with the proceedings, all documents and other information issued by the arbitrator and/or the arbitration centre and the arbitral award. 2.6 Notwithstanding the foregoing, nothing herein prevents the Disclosing Party from applying to the courts of any country for injunctive or other equitable relief to prevent or curtail any breach of this Agreement by the Receiving Party. Where reference to the courts is necessary, the parties hereby submit to the non-exclusive jurisdiction of the courts of Singapore. V. OTHER INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT If you believe in good faith that any content on the Groupware infringes your Intellectual Property Rights (including trademarks, logos, and other rights, except copyright rights, which are described above) please 1) describe in detail the Intellectual Property Rights that you believe are infringed, 2) describe in detail the particular content that you believe infringes your Intellectual Property Rights, 3)provide us your name, address, email address, and phone number, and 4) notify Pepperconn via contact details on www.pepperconn.com Please note that this procedure is exclusively for notifying Pepperconn and its affiliates that your Intellectual Property Rights may have been infringed. Pepperconn has adopted a policy of terminating, in appropriate circumstances and at Pepperconn's sole discretion, members who are deemed to be repeat infringers. Pepperconn may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
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