Updates to Our Terms of Use
- Octo. 11, 2017 -
Thank you for using Workshift. We hereby announce changes in our Terms of Use.
Section 2(3)
[Current]
"Service(s)" collectively refers to the services provided by Our Company on the Site. (including, but not limited to intermediary services of concluding Members' Agreements and payment agency business).
[New]
"Service(s)" collectively refers to the services provided by Our Company on the Site (including, but not limited to, remuneration payment management related to intra-member transactions).
Section 5(6)
[Newly Added]
If the staff of Our Company confirms the identification of a member by means of, including, but not limited to, exchanging business cards, Our Company can, at its own discretion, disclose on the Site that the said member has been identified and confirmed by Our Company.
As a result of the above newly added provisions (6), the numbering of the subsequent provisions has been changed from the original order.
Section 5 (10)
[Current]
A Member is obligated to comply with the Terms of Use, Members’ Agreement, and other applicable laws and regulations such as intellectual property laws, anti-monopoly laws, delay in payment to subcontractor laws, labor laws, immigration laws, tax laws and others., In the event of breach of compliance with the above obligations by Members, Our Company can stop the use of the Services and the Site for the said Member and Our Company shall not assume any responsibility towards the Member for the results.
[New]
A Member is obligated to comply with the Terms of Use, Members’ Agreement, and other applicable laws and regulations such as intellectual property laws, anti-monopoly laws, subcontractor laws, labor laws, immigration laws, tax laws and others. In the event of any breach of compliance with the above obligations by Members, Our Company can stop the use of the Services and the Site (including but not limited to removing Client registration information or Freelancer registration information, as well as disabling login capability of the Member) and Our Company shall not assume responsibility for any result occurring from these actions toward the Member.
Section 6 1 1.
[Current]
Intermediary services of Member's Agreement
[New]
Offering information platform with regard to Member’s Agreement
Section 7(13)
[Current]
Our Company has only the following status related to Members’ Transactions commissioned by the Client and Freelancer.
1. Trustee of intermediary services of agreement concluded among Members
2. Trustee of payment agency business for payment from Client to Freelancer in Members’ Transactions.
[New]
Our Company serves only as the payment agent for intra-member transactions between Client and Freelancer Members. Once Our Company and the Client enter into the payment agreement, Our Company has the right to request escrow payment from the client. Once the Freelancer and Our Company establish a remuneration payment agreement and when monetary Remuneration results from a transaction, the Freelancer has a right to the funds being held in escrow for that transaction by Our Company. Unless otherwise agreed between the parties, any additional credit obligations do not arise between Our Company and the Client or between Our Company and the Freelancer regarding escrow payments and escrow collection.
Section 7(14)
[Current]
Prior Section 2. Regarding payment from client to freelancer during user transactions, when a client uses a credit card for settlement, our company, as a member merchant, receives payment from the client. In this case, the rights to settlement claims are based on the agency consignment contract between the client and our company. It is not based on the remuneration claims made during negotiations between client and freelancer.
[New]
When a Client pays by credit card for paying a Freelancer during intra-member transactions Our Company acts as the affiliate of the credit card company and receives the payment. In this case the payment is an escrow paid by the Client and Our Company, based on the remuneration payment agreement, has the claim rights to this money. This is not a claim right for Remuneration between the Client and Freelancer.
Section 9(5)
[Current]
With the disclosure of such Work Requests mentioned in the preceding 2 paragraphs, it shall be considered, between Our Company and the Client, that an agreement of (i) intermediary outsourcing agreement for establishing Members’ Agreement related to the Work (ii) and Remuneration payment agency business for Members’ Transaction related to the Work with conditions of conclusion of establishing Members’ Agreement related to such Work.
[New]
With respect to the last two paragraphs regarding the public posting of such Work Requests on the site. When work is publicly posted it means that the client and Our Company have entered into an intra-member agreement for Remuneration payment.
Section 9 (6)
[Current]
The Freelancer who intends to receive the Work shall apply for the Work using the prescribed Work application form on the Site within the deadline. On the application form the Freelancer will announce the contents of the Work, Fixed Remuneration amount, and the date on which he expects to deliver. With this application, it shall be considered, between Our Company and the Freelancer, that an agreement of (i) intermediary outsourcing agreement for establishing Members’ Agreement related to the Work (ii) and Remuneration payment agency business for Members’ Transactions related to the Work with conditions of conclusion of establishing Members’ Agreement related to such Work. The Freelancer can change the contents of the Work, Fixed Remuneration amount, and the date on which he expects to deliver using the prescribed Work application form on the Site within the deadline.
[New]
During the time period when a job (work) is posted, a Freelancer can apply for the job using the designated form to specify the end product details, the amount of Remuneration payment, and the expected delivery date. The submission of this application means that Our Company and the Freelancer have entered into a Remuneration payment agreement for intra-member transactions. Within the posting period the Freelancer can modify the end product details, amount of Remuneration payment, and expected delivery date using the appropriate job application form.
Section 10(2)
[Current]
Applications in case of Project-Type Transactions through the Team can be done only through the Team Leader. When the Team Leader intends to perform Project-Type Transactions through the Team, the Team Leader selects the Team Members (both Team Leader and Team Members are hereinafter referred to as "Trustee Members") to whom the applied Work Requests are to be entrusted from among all the Team Members, determines the allocation of Fixed Remuneration for each Trustee Member when an order is received, and proposes to the Trustee Members. With this application, it shall be considered, between Our Company and each Trustee Member, that an agreement of (i) intermediary outsourcing agreement for establishing Members’ Agreement related to the Work (ii) and Remuneration payment agency business for Members’ Transaction related to the Work with conditions of conclusion of establishing Members’ Agreement related to such Work.
[New]
Application for a Project-Type Transaction by a Team can only be made by the Team Leader. When the Team Leader intends to perform Project-Type Transactions through the Team, the Team Leader selects the Team Members (both Team Leader and Team Members are hereinafter referred to as "Trustee Members") to whom the applied Work Requests are to be entrusted from among all the Team Members, determines the allocation of Fixed Remuneration for each Trustee Member when an order is received, and proposes to the Trustee Members. Once the proposal has been agreed by each of the consigned Team Members, the Team Leader can apply for the job. The submitted application constitutes the establishment of a Remuneration payment management between Our Company and each of the consigned Team Members related to the said Work on conditions of conclusion of intra-member transactions.
Section 11(2)
[Current]
The Client who intends to perform Competition-Type Transactions shall furnish the competition-type of Work Request using the prescribed Work Request form including the Work categories on the Site with regard to the Work to be requested to the Freelancer (hereinafter referred to as "the Work" in the following section.) , and shall mention all prescribed fields such as request title, category, description, deadline (select from the following options : after 7 days, after 14 days, others), available Options, amount of Prize Incentives, total amount of Participation Incentives and number of adoptions etc., and shall place an order request to Our Company. When a request for order has been received, Our Company sends notification for specification of the Designated Settlement Method to the Client, excluding the cases where there is a breach of the Terms of Use in the contents of order request. With such order requests, it shall be considered, between Our Company and the Client, that an agreement of (i) intermediary outsourcing agreement for establishing Members’ Agreement related to the Work (ii) and Remuneration payment agency business for Members’ Transaction related to the Work with conditions of conclusion of establishing Members’ Agreement related to such Work.
[New]
The Client who intends to perform Competition-Type Transactions shall furnish the competition-type of Work Request using the prescribed Work Request form including the Work categories on the Site with regard to the Work to be requested to the Freelancer (hereinafter referred to as "the Work" in the following section.), and shall mention all prescribed fields such as request title, category, description, deadline (select from the following options : after 1 to 7 days, after 14 days, after 21 days, others), Options or no Options, amount of Prize Incentives (minimum of \100), total amount of Participation Incentives (minimum of \100) and number of adoptions etc., and shall place an order request to Our Company. Excluding the cases where there is a breach of the Terms of Use in the contents of order request, when a order request has been received, Our Company sends notification to the client to specify the Designated Settlement Method. With such order requests, it shall be considered, between Our Company and the Client, that an intra-member contract has been made and that an agreement for Remuneration payment management for such intra-member transaction has been established.
Section 11(5)
[Current]
The Freelancer who intends to receive the Work shall propose Work deliverables for the Work using the prescribed Work application form on the Site within the deadline. With the proposal of Work deliverables, it shall be considered, between Our Company and the Freelancer, that an agreement of (i) intermediary outsourcing agreement for establishing Members’ Agreement related to the Work (ii) and Remuneration payment agency business for Members’ Transaction related to the Work with conditions of conclusion of establishing Members’ Agreement related to such Work.
[New]
The Freelancer who intends to receive the Work shall propose Work deliverables for the Work using the prescribed Work application form on the Site within the deadline. With the proposal of Work deliverables, it shall be considered, between Our Company and the Freelancer, that an intra-member contract has been made and that an agreement for Remuneration payment management for such intra-member transaction has been established.
Section 14(1)
[Current]
Based on the Terms of Use, the payment made by Our Company to the Members can be done through remittances from financial institutions specified by Our Company to the account in a financial institution under the name of Member. The Member must specify an account in a financial institution under the name of Member as a trading bank account to Our Company such that remittances can be done from the financial institution specified by Our Company. Our Company shall not assume any responsibility for the losses and expenses incurred by the Member for non-payment by Our Company when the Member does not specify such an account.
[New]
Based on the Terms of Use, the payment made by Our Company to the Members can be done through: (i) remittances from financial institutions specified by Our Company to the account under the name of the Member; (ii) PayPal (PayPal Pte., Ltd. or Japan PayPal settlement service); (iii) Payoneer Inc. (Payoneer Japan settlement service), or (iv) other settlement methods that Our Company approves. In the case of (i) the Member must specify to Our Company a bank account in a financial institution, under the name of the Member, as a designated bank account such that remittances can be done from the financial institution specified by Our Company. In the case of (ii) the Member must have a valid PayPal account. In the case of (iii) the Member must have a valid Payoneer account and designate a financial institution account. Our Company shall not assume any responsibility for the losses and expenses incurred by the Member for non-payment by Our Company when the Member does not specify such an account.
Section 18 (First Sentence)
[Current]
The User MUST NOT
[New]
Users MUST NOT engage in any of the following prohibited provisions. Examples of unacceptable jobs are described in our Work Request guidelines.
Section 18 (17)
[Newly Added]
Conduct intra-member transactions outside of the Service.
Section 18 (18)
[Newly Added]
Attempt to establish an employment contract between Users.
As a result of the above newly added provisions (17) and (18), the numbering of the subsequent provisions has been changed from the original order.
Section 18 (22)(former (20) [Current]
Request for description that provide misleading information for products and services as more advantageous and better than the actuals
[New]
Request to post on a review site, blog or SNS description that provide misleading information as superior or more beneficial than the actual product or service.
(Others)
All passages in our Terms of Use where the words “payment agency business” is used should be replaced by “remuneration payment management”.
