TERMS AND CONDITIONS FOR EXPERTS
Last Updated: 1st July, 2019
These terms and conditions (“Terms”) are specifically for every individual who has been associated as an “Expert” on the Mind Sync platform, owned by Mind Sync Business Solutions Private Limited with its registered office in Bangalore, India (hereinafter called “Mind Sync”) and/or is using the Mind Sync services. These Terms are in addition to the generic terms and conditions listed on the websites which are common to all users of Mind Sync. By associating with Mind Sync, 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 being temporarily/permanently blocked on Mind Sync. These Terms are constantly updated by us, so please apprise yourself often of the latest updates.
Mind Sync is a Consulting Services Aggregator that provides a tech-platform to connect and engage with some of the finest professionals/experts (like chartered accountants, cost accountants, company secretaries, lawyers, and other governance and compliance professionals) offering support, advise and analysis to individuals and high caliber businesses worldwide (the “Clients”). Mind Sync provides experts a platform to participate in different types of projects in various fields for the Clients, which includes but is not limited to promoting expertise on social media, getting involved in transparent and open dealings, maintaining the Client’s confidentiality for data\information\transactions. Additionally, the experts may receive rewards for referring friends to the platform, participating in discussions with other experts and Clients and continue learning through Mind Sync.
Expert Representations and Conditions
By associating as an expert, you acknowledge and agree to, and represent and covenant the following:
- You must provide complete and accurate information while associating with Mind Sync. You agree not to accept any Project or consult with any Client unless your Expert information is accurate, complete, and current. You are bound to go through the reference checks and background checks to be carried out as per the requirements of Mind Sync. Any misrepresentation of information or hiding of material information or impersonation would result in termination of your association with Mind Sync and other suitable actions including legal actions which Mind Sync has at its disposal.
- During your participation in Mind Sync as an expert, you agree to act in a professional and workman-like manner, to the best of your ability, and in accordance with these Terms, applicable law and any obligations you may have that limit or restrict the scope of your participation in Mind Sync as an expert.
- You have to keep all the Client’s data, information, transaction (including trade secrets) strictly confidential. Also, for Intellectual Property dealings, the identity of the Clients must be kept confidential.
- You agree to be paid only after timely and agreed service level delivery.
- You will be responsible for all the infrastructure required to perform your services including but not limited to computer equipment, internet connection, a home or other office and will not be in any way economically dependent on Mind Sync.
- Your participation as an expert is not in violation of any regulation, policy or law. Neither your use of Mind Sync nor anything in these Terms creates an employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and Mind Sync.
- You are not eligible for any benefits, worker’s compensation or insurance coverage from Mind Sync or any Client based on your participation in Mind Sync as an expert.
- Mind Sync, in its sole discretion, may determine your eligibility for participating in the platform as an expert. If you are in any way unsure about your ability to comply with these Terms, then you must decline to participate as an expert.
- If you come across any suspicious activity, content or behavior by a Client or another user, you must report it to Mind Sync team immediately so that necessary actions can be taken – this is both your duty and obligation.
- Mind Sync makes no representation regarding the frequency, quantity, or type of invitations to projects/ assignments or platform activities you will receive or in which you will be chosen to participate.
Mind Sync provides a platform that facilitates communication between experts and potential users of professional services. However, the expert are obligated to use Mind Sync invoicing system, to receive payment for their work. When a Client makes a payment, the Client (User) will credit Mind Sync who will hold the payment and then pay out the amount to the expert at the end of the month or such other time period as mutually agreed in writing from time to time (after delivering of service), less a pre-agreed percentage commission fee/ Service fee decided mutually between Expert and Mind Sync (the “Service Fee”) for creating, hosting, maintaining, and providing Mind Sync Services.
A Client will not pay you for preparation time, wait time, or time set aside if an assignment with the Client does not occur. The expert may not assign full work or delegate any portion of his/her work to others.
You will not accept any compensation other than that paid out through Mind Sync for assignments performed for Clients. In case you are guilty of violations of any of the Terms, Mind Sync has the authority to fully recover any payments already done to you. You may be required to provide additional information (including PAN) about yourself as part of Mind Sync’s KYC security procedures.
Feedback: Review and Rating
On completion of the work, we ask the Client to give feedback comprising review and ratings of the experience with regard to the service delivered on Mind Sync. The feedback is publicly available on Mind Sync portal. In case we receive negative feedback from the Client for you then Mind Sync reserves the right to terminate an association with you.
Non-Solicitation of Clients
During, and for a period of one year after the termination of, your relationship with Mind Sync, you also agree not to knowingly solicit for employment any employee of Mind Sync or any Clients to whom you were first introduced due to your expert status on Mind Sync.
Intellectual Property Rights
By displaying the content on Mind Sync, 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 Mind Sync services which are intended for the public, you grant Mind Sync a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such content on Mind Sync for the purpose of distributing, displaying and promoting Mind Sync services.
Mind Sync may invite you to participate in a project for which your image, likeness, animation and/or voice may be recorded and/or transcribed in any media (“Recordings”) by Mind Sync or its agents, such as at a live meeting, webcast, conference call, conference, interview, or another event. You agree, notwithstanding anything else in these Terms, that Mind Sync (or if applicable, the Client who records their projects as facilitated by Mind Sync) owns such Recordings and has the exclusive right to attribute such Recordings to you and to use, distribute, reproduce, publish, reprint, modify, adapt, sublicense, and publicly display such Recordings, in whole or in part, in original form or as edited or modified by Mind Sync or such Client, in all languages and forms, for any commercial or non-commercial purpose unless otherwise agreed in writing. You additionally release Mind Sync, and any and all persons acting under its permission or authority from any claim, liability, or action in law, including any claims for defamation, copyright infringement, or invasion of privacy, arising in connection with your content. Further, you agree to indemnify, defend, and hold harmless Mind Sync 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 rights, including any related liabilities, costs, and expenses.
As you discharge your responsibilities as an expert on the platform, 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 Mind Sync
Limitation of Liability
Mind Sync 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 Mind Sync. In no event shall Mind Sync 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 Mind Sync, including without limitation for any incidental, consequential, punitive, or special damages and even if Mind Sync was informed of the possibility of such damages.
These Terms are governed by the Laws of India 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 “The Arbitration & Conciliation Act 1996” in effect from time to time. The venue for all arbitrations shall be Bangalore, India unless otherwise agreed by the parties in writing. The language to be used in the arbitral proceeding will be English. 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 Mind Sync 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.
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.
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.
Subject to your obligation to complete work for which you are engaged, you have the right to withdraw from Mind Sync as an Expert at any time upon thirty days’ notice to Mind Sync and completing the assignment/jobs which Mind Sync has assigned to you. Mind Sync 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 associating as an expert with Mind Sync, you agree and accept the terms and also declare that you will abide by all the obligations and responsibilities towards Mind Sync and the Client as set forth in these Terms.