8KMiles - Website Terms of Service

This Terms and Condition for Service of 8KMiles, including the Website Policies, is a legal agreement between you and 8KMiles Webservices Pvt Ltd, a private limited company (hereinafter referred to as ‘8KMiles’, ‘our’, ‘us’, ‘we’) providing, among other things, the terms and conditions for your use of 8KMiles’ online workplace for professional and collaboration services through the website located at www.8kmiles.com (the ‘Website’, ‘Site’).

Read this Agreement containing the Terms and Conditions carefully. Your use of services on the Website means you are consenting to these Terms and Conditions along with all rules, policies and practices of 8KMiles.

These Terms and Conditions and all linked information, may be modified from time to time in 8KMiles’ sole discretion and you may not be notified. It is your responsibility to review these Terms and Conditions from time to time. If we make material changes to this Agreement, we will notify you here, or by means of a notice on our home page. You have accepted the Agreement as amended if you continue to use any of the Website services after any amendments are posted on the Website. We reserve the right to include additional terms and conditions for additional services or programs such as contests, quizzes, promotions and the like. You shall be bound by the same on your participation in such services or programs.

8KMiles enables new delivery models for software and other services by leveraging collaboration, networking and technology. Following are the services that we provide (collectively “Services”)

1. Services

a. Online Workplace : 8KMiles facilitates both service buyers and service providers to collaborate and network. On the Online Workplace, the service buyers (“Buyer”) can post requests for proposals, search and locate service providers, interview and hire the providers for jobs / services (“Jobs”). Similarly, service providers (“Providers”) can advertise their services, submit proposals, get interviewed and hired for the Jobs requested by the Buyers. 8KMiles through the entire process continues to be a facilitator only.

b. Virtual Computing Environment (VCE): The 8KMiles Virtual Computing Environment is computing infrastructure (software and virtual hardware) from the “Cloud”, provided to users on demand. The 8KMiles VCE helps users collaborate on jobs and focus on project execution, without the overheads of managing the computing infrastructure required for each job.

2. Using 8KMiles Services

It is easy to become a Member of 8KMiles. Just open an Account for free. You do not have to be a member to browse the public portions of our website

a. Account:

1. You need to open an Account by filling in the registration form. You cannot register for more than one Buyer Account and one Provider Account. You are solely responsible for the correctness, maintenance, access, password security of your Account. 8KMiles reserves the right to accept, refuse, suspend or terminate the Account or service to any Account holder / Member.
2. You need to be 18 years or older to be eligible to be a Member and contract with Buyer, Provider. Minors, below the age of 18 are not eligible to contract with any Party. If we get to know that any Member has misrepresented his/her age, we will terminate the Membership.
3. During the registration process, we would collect details such as your name, email address, educational qualification, work experience and the like. Please see our Privacy Policy and practices on how your personal information would be used.
4. Member Conduct: In order to enable smooth functioning we have a Code of Conduct for all Members. By using our Website, you agree to abide by our Code of Conduct posted here.
5. Account security: You are solely responsible for the confidentiality of any password and other account information that you create in order to access or use the Services. You agree to notify us immediately on any unauthorized use of your account, user name, or password. You also agree that We are not liable in any manner for any loss that you may incur as a result of any third party using your password, either with or without your knowledge. You are solely liable for any losses incurred by Us, Our affiliates, officers, directors, employees, consultants, agents, and representatives due to misuse of your account or password.
6. Teams: You can create a team and add other 8KMiles Members to your team and assign different roles to each of your team members. By doing so, you expressly authorize team members to act on your (i.e. the Team Owner’s) behalf on jobs that you assign them to. You shall be solely responsible and liable for all acts of your team members on such jobs.

b. Jobs:

1. On the Online Workplace the Buyers and Providers locate, connect and contract with each other for the Services. 8KMiles is not involved in the contracting between the Buyers and Providers or Providers’ delivery of services. We have no control over the quality, legality of Provider’s services, Provider’s capabilities, qualifications, background to provide the contracted services, or the ability of Buyers to pay for the Providers’ services.
2. All rights and obligations for the purchase and sale of any jobs are solely between the Buyer and Provider. Each Buyer and Provider must look solely to the other for enforcement and performance of all the rights and obligations arising from the contract between themselves. However, the contract between the parties shall be in line with the Terms of Service of 8KMiles. Any provision in the contract conflicting with the Terms of Service is void.
3. Record maintenance and Audit: You shall keep and maintain complete and accurate records related to the Services provided on 8KMiles, including the proposal, service description, payment terms and the like. Should a question arise on the Services rendered including fees due, 8KMiles may call upon you to furnish records. You agree to abide by such requests within a period of 15 working days. We expect you to maintain all the records for Services rendered by you for a period of one year after completion of each Job.

c. Relationship between Buyers and Providers

1. Each Buyer and Provider acknowledges and agrees that their relationship is that of independent contractors. The services performed by the Provider, its employees, sub-contractors shall be as an independent contractor and nothing in the Terms of Service shall be deemed to create a partnership, joint venture, employer-employee relationship.
2. Engagement practices and rules: Below are certain important points only. For complete practices and rules, please check here.
   1. If you are a Provider working for another employer, it is your legal responsibility to check out if your employment policies permit you to provide Services through 8KMiles. 8KMiles is in no way responsible or liable to anybody for your violation of your employment policies.
   2. The Buyer shall own the intellectual property in the ultimate job delivered by the Provider.
   3. The Provider shall be solely responsible for violations of any relevant laws or infringement of intellectual property rights. The burden of proving that any job, software, Service does not violate any laws or third party rights rests solely with the Provider. However, the Buyer shall exercise required diligence and caution.

d. Using the Online Workplace

1. Interactions: All interactions between the Buyer and Provider has to be through the Online Workplace. Any contracting between the Buyer and Provider beyond the Online Workplace / circumventing 8KMiles’ efforts in the online collaboration may give rise to disciplinary action upto and including terminating the Membership and legal actions.
2. Directory of Providers: We have posted a directory of Providers on the Website with details and credentials of the Providers. 8KMiles does not confirm nor has verified the details, unless specially stated.. Should you require 8KMiles to verify the credentials of the Provider, Buyer or suppliers, 8KMiles may provide the service at a cost.
3. Directory of providers of various ancilliary services: 8KMiles enables providers of various services to enlist themselves in the directory for various services like testing, QA, background verification. This directory is for convenience only. 8KMiles does not endorse for the quality, capability, accuracy or reliability of the service suppliers. Any advice, offers, services, statements, information, content made available by third parties, including the enlisted service suppliers, are those of the respective authors, suppliers, or distributors and not of 8KMiles.
4. Data: You are responsible for creation, storage or backup of your business, data, services. We are not responsible for the same.

e. Using VCE: Apart from the Online Workplace, we also provide computing infrastructure, referred to as the Virtual Computing Environment (“VCE”). Please read our VCE Tools and Use Policy before using our VCEs and related tools.

3. Fees And Taxes

1. You agree to pay all fees applicable to your use of 8KMiles Services and you shall not circumvent the fee structure. The payment shall only be as per the Billing and Payment Policy of 8KMiles.
2. Each Member is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. 8KMiles is in no way responsible for any of the taxes except for its own income tax.

4. External Links

The Website may contain links to other websites, resources, information, online communication services such as chat, email etc. offered by third parties, which are governed by the terms and policies of those third parties. We have no control on the services owned / provided / operated by the third parties. Inclusion of any link on our Website, does not imply that we endorse the linked site. You use the links and these services at your own risk.

5. Intellectual Property

1. 8KMiles grants you a limited licence to access and, if you are a Member, to use this Website internally for the Website’s Services of ordering, receiving, delivering and communicating only as per this Agreement. You must not sell, copy, reproduce, modify, distribute, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Website in anyway other than those listed in this Agreement, including for any public or commercial purposes. You must not use any content of this Website on any other website or in a networked computer environment for any purpose other than your own viewing. You shall not reverse engineer or attempt to interfere with the operation of any part of this Website.
2. 8KMiles retains all its rights, title and interest in all copyrights, know-how, trade secrets, trademark, logo, the name 8KMiles, content, design and features on the Website. All other product names, marks, logos, symbols used on the Website may be the trademarks of their respective owners.

6. Customer Service

If you have any questions, issues, complaints regarding any of our Services, please contact our customer service team.

7. Notices and Communication

8KMiles communicates with you through the email address you have provided us. It is your responsibility to keep your email address and snail mail address updated at all times. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. If you fail to respond to an email message regarding violation, dispute or complaint within two business days, we reserve the right to terminate or suspend your Job or your Account.

All notices to us intended to have a legal effect must be in writing and delivered to the following address:

8KMiles Web Services Pvt Ltd,
132, Chamiers Road,
Chennai - 600035

Termination

1. You can terminate your Membership with us at any time by providing 30 days of prior written notice to accounts@8kmiles.com. We need this period to inactivate your Account, only after verifying if there are any ongoing or pending Jobs, Services, payments. We or the Buyer may want you to continue until the completion of an on-going Job should the situation warrant.
2. You shall be obligated to pay 8KMiles and any Provider for any Services for which you have hired Providers.
3. Any termination of an Account shall automatically terminate all Team Accounts.
4. 8KMiles reserves the right to terminate any Account in cases (a) you breach any terms and conditions of the Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for 8KMiles or are contrary to the interests of the Website or the 8KMiles user community. Once temporarily suspended, indefinitely suspended or terminated, you may not continue to use the Website under the same Account, a different Account or re-register under a new Account. (d) We believe that you have circumvented our process and directly interacting with the Buyer or Provider outside of the Online Workplace.
5. On termination of your Account, you shall no longer have access to data, messages, files and other material you keep on the Website. Please ensure that you have continuous backup of the Services you have rendered in order to comply with our Record keeping and Audit practices.
6. In the event we suspend or terminate your registration or Account, we reserve the right but not an obligation to (i) notify other Members engaged in active Jobs with you about your Membership status (ii) provide them the reason for the action that we have taken.
7. Even after termination, certain obligations mentioned under Warranty Disclaimer, Limited Liability, Indemnity, Intellectual Property, Dispute Resolution, Billing and Payment, Audit provisions will continue and survive termination.

10. Limited Liability

In no event shall we or our licensors or providers be liable to you or any other member for any special, indirect, consequential, incidental or punitive damages pursuant to this Agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages. Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the services provided under this agreement, whether based on contract, tort, negligence or any other theory of liability, exceed in the greater of: (a) $100 or (b) the aggregate amount of service charges actually collected by us from you for the services to which the liability relates during the six (6) month period immediately preceding the determination of such liability.

11. Warranty Disclaimer

The Services provided by 8KMiles or any of our licensors or providers are provided "as is", as available, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the web site by any third party.

12. Indemnity

You agree to defend, hold harmless and indemnify 8KMiles from and against any and all losses, costs, expenses, damages or other liabilities incurred by us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us (a) in connection with your use of the Services including any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Provider; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Provider. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

13. Dispute Resolution

Our goal is to provide Services efficiently and communicate effectively with Members to prevent any dispute. Should a dispute arise between you and 8KMiles, you shall agree with us to resolve such dispute quickly and cost effectively. Before resorting to any legal recourse we urge you to contact our Customer Service team so we can resolve issues amicably.

Any dispute between the Members shall be resolved by themselves amicably. Since 8KMiles is not a party to the contract between the Members, 8KMiles shall not be a party to any dispute. However, should you require us to facilitate, we shall help you with our Dispute Resolution Assistance services. We can offer assistance only in situations where the entire transaction including all communication has been carried out on the Online Workplace.

14. Governing Law and Jurisdiction

THIS AGREEMENT SHALL BE GOVERNED BY LAWS OF INDIA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES, SUBJECT TO THE COURTS AT CHENNAI.

While using the Website, you agree to comply with all applicable laws, rules and regulations. Upon our request, you agree to sign a non-electronic version of this Agreement.

15. Website Policies

This Agreement incorporates all terms and conditions, rules, policies and guidelines on the Website including:

• VCE Tools and Use Policy
• Billing and Payment Service
• Member Code of Conduct
• Dispute Resolution Policy and process
• Privacy Policy
• Contacting Customer Service
• Posting Jobs
• Teaming and Roles and responsibilities

8KMiles Member Code of Conduct

All Members agree to adhere to the below code of conduct.

1. While using the Site and/or Software (as defined below), you agree not to:

1. Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking" or defacing any portion of the Site;
2. Use the Site or Software for any unlawful purpose; or post any information which infringes third party’s intellectual property rights.
3. Express or imply that any statements you make are endorsed by us;
4. Transmit
   1. any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights;
   2. any material, non-public information about companies without the authorization to do so;
   3. any trade secret of any third party; or
   4. any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
   5. any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
   6. any job posting involving any franchise, pyramid scheme, “club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
   7. Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
   8. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Software;
   9. Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
   10. “Frame" or “mirror" any part of the Site without our prior written authorization;
   11. Link to any page of or material on the Site other than the URL located at www.8kmiles.com ;
   12. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
   13. Harvest or collect information about Site visitors or members without their express consent.

Discussion Boards, Communities, Forums:

1. Users must not post sexual, ethnic or racial or other discriminating slurs, or material which contains no relevant or constructive content or which goes beyond profanity into obscenity or abhorrence. Nor shall users identify individuals in a negative or derogatory fashion. USERS ARE ALSO PROHIBITED FROM POSTING ANY PROPRIETARY INFORMATION, TRADE SECRETS OR CONFIDENTIAL INFORMATION WHICH IS THE PROPERTY OF ANY OTHER INDIVIDUAL OR ENTITY, WITHOUT THE PERMISSION OF SUCH INDIVIDUAL OR ENTITY.
2. If you believe a message violates any of our policies, please contact 8KMiles immediately at legal@8kmiles.com so we can consider its editing or removal.
3. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Site or forums or Communities by third parties, whether such third parties are visitors to the Site, Members of the 8KMiles community, or otherwise. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site. It is your responsibility to evaluate, and we cannot and do not take responsibility for, the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Website.