These Terms of Use (“Terms”), specifically for all individual and businesses entity (the “clients”) who has been registered as a “Client” on Wisefix website or apps (“Site”), owned by PT Wise Fix Indonesia (hereinafter refer to as “Wisefix”). With the use of Wisefix Site, the Clients are in a position to search and locate individuals (“Experts”) based on professional competencies and industry experience, language, skills, geographical locations, past performance on various projects and other related competencies. These Terms are in addition to the Privacy Policy listed on the websites which are common to all users of Wisefix. By registering on Wisefix, you are certifying that you have read, understood and accepted to be bound by these Terms. Any violation of these Terms may result in the Client’s project or requirements being declined or his/her account being permanently blocked. These Terms are constantly updated by us, so please apprise yourself often of the latest updates.
General Overview
Wisefix is a technology platform to find, connect and engage with some of the finest independent professionals quickly and easily offering support, advise and analysis to the Clients. You need to register yourself at contact us page and our Associate will reach your queries shortly.
Client Representations and Warranties
By registering as a Client, you acknowledge and agree to, and represent and covenant the following:
Wisefix’s Role
Wisefix makes the platform available to enable Experts to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Experts for themselves. Wisefix makes no representations about, and does not guarantee the quality, safety, or legality of, the Expert services; the truth or accuracy of any Expert’s listings on Wisefix; the qualifications, background, or identities of Users; the ability of Experts to deliver the services. Wisefix will not have any liability or obligations related to the service contracts entered between the Client and the Expert. YOUR USE OF THE SERVICES AND WISEFIX IS AT YOUR SOLE RISK.ALL CONTENT AND FUNCTIONALITY ON WISEFIX IS PROVIDED “AS IS,” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL WISEFIX OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WISEFIX. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH WISEFIX, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF WISEFIX.
Payment Terms
Client and the Expert are obligated to use Wisefix invoicing, to pay and receive payment for their work together if they identified each other through Wisefix. All the Clients are solely responsible for all the tax returns filings and payments required to be made to any country, state, or local tax authority in any nation with respect to the Expert’s performance, and Client’s acceptance, of Expert services. If Client fails to pay the Expert fees or any other amounts due under the service contract, Wisefix may suspend or close the Client’s profile and revoke Client’s access to Wisefix, including Client’s authority to use Wisefix to process any additional payments or obtain any additional Expert Services. In no circumstance is Wisefix responsible for the payment due to the Expert, if Wisefix has not been paid in full by the Client. In addition, the parties hereby agree that:
Intellectual Property Rights
Wisefix claims no ownership or control over any content including any text, data, information, and files that you submit, share, display on or through Wisefix services. Additionally, by providing and sharing the content on to Wisefix you represent that you own all the intellectual property rights or you have obtained any necessary permissions or licenses to such content in order for such content to be transferred and/or licensed in accordance with these Terms. By submitting, providing such information on or to Wisefix which are intended for the public, you grant Wisefix a worldwide, non-exclusive, royalty free license to reproduce, adapt, modify, publish and distribute such content on Wisefix for the purpose of distributing, displaying and promoting Wisefix services.
Limitation of Liability
Wisefix is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with your use of Wisefix. In no event, shall Wisefix be liable to you or any other party for any damages resulting from or relating to your participation as a Client, or the business operations of Wisefix, including without limitation for any incidental, consequential, punitive, or special damages and even if Wisefix was informed of the possibility of such damages.
Dispute Resolution
These Terms are governed by the Laws of Indonesia without regard to any conflicts of law provisions. Any dispute, controversy or claim arising or relating to these Terms shall be exclusively and finally determined under the rules of “Badan Arbitrase Nasional Indonesia” in effect from time to time. The venue for all arbitrations shall be Jakarta, Indonesia unless otherwise agreed by the parties in writing. The language to be used in the arbitral proceeding will be Indonesia. Each party is responsible for its own legal fees, and the arbitrator may not include the payment of attorneys’ fees or expenses as a part of any award. You and Wisefix are agreeing to give up any rights to litigate claims in a court or to participate in a class action or representative action with respect to a claim.
Severability
The invalidity or unenforceability of any provision of these Terms shall not for those reasons alone affect the validity or enforceability of any other provision of these Terms.
Survival
The provisions of sections of these Terms entitled Intellectual Property Rights, Limitation of Liability (and any other provisions that, by their nature, should survive) shall survive any termination or expiration of these Terms.
Termination
Subject to your obligation of payment for completed projects for which you engaged an Expert, you have the right to withdraw from Wisefix as a Client at any time upon sixty days notice to Wisefix. Wisefix may suspend, limit, or cancel your access to the platform at any time for any reason without notice, including because: (i) we believe you have violated these Terms; (ii) we believe you have violated our rights or the rights of any third party; (iii) we are unable to verify or authenticate information you have provided to us; or (iv) we believe your actions may create liabilities for you, us or a third party.
The parties agree to waive Article 1266 and 1267 of the Indonesian Civil Code to the extent that a court decision is required for the termination of this Terms.
Language
This Terms is executed in bilingual, English version and Bahasa Indonesia version. In the event of any conflict between English version and Bahasa Indonesia version of this Terms, the English version will prevail, and the Bahasa Indonesia version will be amended to conform with the relevant English language version.
Updating this Terms
We may update or amend this Terms from time to time, to comply with law or to meet our changing business requirements. When we update our Terms, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Site. By continuing to access the Site, your access and use will be subject to these updates and amendments.
Contact Us
If you have any questions about these Terms, please feel free to contact us at the following email : support@wisefix.io and we would be happy to follow up with your query.
By registering as a Client on Wisefix, you agree and accept the Terms and also declare that you will abide by all the obligations and responsibilities towards Wisefix and the Expert as set forth in these Terms.
Version 06-01-2022
These Terms of Use (“Terms”), specifically for every individual who has been registered as an “Expert” on Wisefix website or apps (“Site”), owned by PT Wise Fix Indonesia (hereinafter refer to as “Wisefix”) and/or is using Wisefix services. These Terms are in addition to the Privacy Policy listed on the websites which are common to all users of Wisefix. By registering on Wisefix, you are certifying that you have read, understood, and accepted to be bound by these Terms. Any violation of these Terms will result in the Expert’s account or registration being temporarily/permanently blocked on Wisefix. These Terms are constantly updated by us, so please apprise yourself often of the latest updates.
Expert Representations and Warranties
By registering as an Expert, you acknowledge and agree to, and represent and covenant the following:
Wisefix’s Role
Wisefix makes the platform available to enable Experts to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Experts for themselves. Wisefix does not, in any way, supervise, direct, or control any Expert or Expert’s work. In providing the services to Clients, Experts are free to retain and use their own employees and contractors, and Experts have sole control over those individuals Wisefix makes no representations about, and does not guarantee the quality, safety, or legality of, the Expert services; the qualifications, background, or identities of Users; the ability of Experts to deliver the Expert services; the ability of Clients to pay for the Expert services; or that a Client or Expert can or will actually complete a transaction. ALL EXPERT SERVICES, AND ALL INFORMATION, DATA AND ACTIVITY RELATED THERETO, ARE PROVIDED “AS IS,” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Any feedback or review or rating provided by Wisefix is based solely on data that Experts or Clients voluntarily submit to Wisefix and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Wisefix. Wisefix provides such information solely for the benefit of the users and disclaims any warranties related to such information, including any truth, accuracy, completeness thereof.
Acceptance and Scope of Project
As an Expert, it’s your sole responsibility to decide what kind of projects and activities you will undertake. You are not obliged to the Wisefix to accept particular projects.
Payment Terms
Client and the Expert are obligated to use Wisefix invoicing, to pay and receive payment for their work together if they identified each other through Wisefix. Unless otherwise agreed in writing or stated in any project offer, the Clients are expected to pay your agreed rate only for the time you spend interacting with Clients on projects arranged solely through Wisefix. A Client will not pay you for preparation time, wait time, or time set aside if a project with the Client does not occur. You may not assign projects or delegate any portion of your work to others (including without limitation to any other employees of your firm) without written consent of the Client.
Wisefix is not responsible for any non-payment or any continued non-payment of dues, expense reimbursements by the Client. You will not accept any compensation other than that paid out through Wisefix for your projects performed for Clients. In case you are guilty of violations of any of the Terms, Wisefix has the authority to fully recover any payments already done to you. You agree that all fees imposed on you by any banking institution to process any payment from Wisefix are your sole responsibility including processing and foreign transaction fees. In addition, the parties hereby agree that:
Non-Solicitation of Clients
During, and for a period of service, your relationship with Wisefix, you also agree not to knowingly solicit for employment any employee of Wisefix or any Clients to whom you were first introduced due to your Expert status on Wisefix.
Intellectual Property Rights
Wisefix claims no ownership or control over any content including any text, data, information, and files that you submit, share, display on or through Wisefix services. Additionally, by displaying the content on the Site you represent that you own all the intellectual property rights to the content, or you have obtained any necessary permissions or licenses to such content in order for such content to be transferred and/or licensed in accordance with these Terms. By submitting, posting or displaying content on or through Wisefix services which are intended for the public, you grant Wisefix a worldwide, non-exclusive, royalty free license to reproduce, adapt, modify, publish and distribute such content on Wisefix for the purpose of distributing, displaying and promoting Wisefix services.
Further, you agree to indemnify, defend, and hold harmless Wisefix and its clients from and against any third-party claim that your content or the use of your content infringes upon any patent, trademark, copyright, trade secret, or other intellectual property right, including any related liabilities, costs and expenses.
Confidentiality
As you discharge your responsibilities as an Expert on the Site, you may be given access to any information including but not limited to material, non-material information, proprietary information including trade secrets, copyrighted information, business information, and any other information which you must keep confidential. Additionally, you will not disclose any information that you are otherwise prohibited from disclosing under the applicable law. If you are required by law to disclose any confidential information, you must promptly notify Wisefix.
Limitation of Liability
Wisefix is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with your use of Wisefix. In no event shall Wisefix be liable to you or any other party for any damages resulting from or relating to your participation as an Expert, the performance of any services by you as an Expert, or the business operations of Wisefix, including without limitation for any incidental, consequential, punitive, or special damages and even if Wisefix was informed of the possibility of such damages.
Dispute Resolution
These Terms are governed by the Laws of Indonesia without regard to any conflicts of law provisions. Any dispute, controversy or claim arising or relating to these Terms. shall be exclusively and finally determined under the rules of “Badan Arbitrase Nasional Indonesia” in effect from time to time. The venue for all arbitrations shall be Jakarta, Indonesia unless otherwise agreed by the parties in writing. The language to be used in the arbitral proceeding will be Indonesia. Judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Each party is responsible for its own legal fees, and the arbitrator may not include the payment of attorneys’ fees or expenses as a part of any award. You and Wisefix are agreeing to give up any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim.
Severability
The invalidity or unenforceability of any provision of these Terms shall not for those reasons alone affect the validity or enforceability of any other provision of these Terms.
Survival
The provisions of sections of these Terms entitled Non-Solicitation of Clients, Intellectual Property Rights, Confidentiality, Limitation of Liability (and any other provisions that, by their nature, should survive) shall survive any termination or expiration of these Terms.
Termination
Subject to your obligation to complete Projects for which you are engaged, you have the right to withdraw from Wisefix as an Expert at any time upon sixty days notice to Wisefix. Wisefix may suspend, limit, or cancel your access to the platform at any time for any reason without notice, including because: (i) we believe you have violated these Terms; (ii) we believe you have violated our rights or the rights of any third party; (iii) we are unable to verify or authenticate information you have provided to us; or (iv) we believe your actions may create liabilities for you, us or a third party. By registering as an Expert on Wisefix, you agree and accept the terms and also declare that you will abide by all the obligations and responsibilities towards Wisefix and the Client as set forth in these Terms.
The parties agree to waive Article 1266 and 1267 of the Indonesian Civil Code to the extent that a court decision is required for the termination of this Terms.
Language
This Terms is executed in bilingual, English version and Bahasa Indonesia version. In the event of any conflict between English version and Bahasa Indonesia version of this Terms, the English version will prevail and the Bahasa Indonesia version will be amended to conform with the relevant English language version.
Updating this Terms
We may update or amend this Terms from time to time, to comply with law or to meet our changing business requirements. When we update our Terms, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Site. By continuing to access the Site, your access and use will be subject to these updates and amendments.
Contact Us
If you have any questions about these Terms, please feel free to contact us at the following email : support@wisefix.io and we would be happy to follow up with your query.
By registering as an Expert on Wisefix, you agree and accept the Terms and also declare that you will abide by all the obligations and responsibilities towards Wisefix and the Client as set forth in these Terms.
Version 06-01-2022